✦ High Court of India · 07 Mar 2025

High Court · 2025

Case Details High Court of India · 07 Mar 2025
Court
High Court of India
Decided
07 Mar 2025
Bench
Not available
Length
1,706 words

8. Remali Rakesh, S/o.Remali Rama Rao, Aged about 40 years, Occ. Business, R/o.Plot No.170, Veeranjaneya Colony, Vanasthalipuram, Hayathnagar fVlnadal, Ranga Reddy Dist. 9. Survi Aruna, W/o. Linga Swamy, Aged about 37 years, Occ.Housewife, Rl/o.10-4-181/1 , Dharmapuri Colony, Aware Hospital, Lingojiguda, Saroornagar, Ranga Reddy District 10. Survi Linga Swamy, S/o.S.Sathish, Aged about 38 years, Occ.Agriculture, R/o.Allamdevi Cheruvu, Sarvail Village, Narayanapur [v1nadal, Nalgonda District 11. Mallula Rajesh, S/o.Ramalingeshwar Rao, Aged about 45 years, Occ.Business, Rio.Plot No.45, Sri Venkateshwara Colony, Sahbnagar Kalan Vanasthalipuram, Haythnagar (M), Ranga Reddy Dist. 12. G.Padma, D/o.S.Malla Reddy, Aged about 60 years, Occ.Housewife, Rl/o. H. No.22-134, Uday Nagar Colony, Gaddiannaram, Saroomagar ([/), Ranga Reddy District. Occ.Housewife, Fl/o.Abdullapur Village, Abdullapur Mandal, RR Dist.,

13. Kartanam Showrr Rani, W/o.K.Arogya Bala Showri Raju, Aged 60 years, 14. Bollineni Kalyani, W/o.B.Nagaraju, Aged 38 years, Occ. Housewife,Rl/o.H.No.'17-14013, Satyanarayanapuram, Yellandu (lV), Khammam District 15. Bollineni [\r1ahesh, W/o.B.Venkateshwarlu, Aged 36 years, Occ l6.Bollineni Nagaraju, S/o.B.Narsaiah, Aged 43 years, Occ.Business, Rl/o.H.No.2-1 1, Aswapur colony, Anandapuram, Aswapuram, Khammam Dist '17. Bollineni Nagaraju, S/o.B.Mallaiah, Aged 48 years, Occ.Agriculture, Business,R/o. H.No.1-1 1, Gollagudem, Aswapuram, Khammam Dist. R/o.H.No.'1 -86, Gollagudem, Aswapuram, Khammam District. R/o.H.No.4-66. Mylaram(V), Kothagudem, khamma Distrrct.

18. Naraboina Padma, w/o-N.pichaiah, Aged 68 years. occ.Agricurture, 'l9.Bolinerri Fgt".r,, slo.d.v6nr<iiei"nwJii;,. ngl;i" ao y.ais., occ.Business, ^^ R/o.H.No 111, Goilagudem, Aswapuram, khaft;am Dist. 2u. Naraboina Suresh Babu, S/o. N. pitchaiah. Aged 40 ye:rs, occ. Emorovee. ^. R/o.H.No.4-66, Mylaram(V), Kothagudem, Kha-mma OiStr[t. 21. Kavati Lingaiah, S/o.K.Venkataiali, Aged about 4g years, Occ.Agriculture, ^^ R/o. Upparagudem, Kuravi. Warangal Dist. 22. Naraboina Pichaiah. S/o N sr:raiih, Aged about 62 years, occ.Aqricurture, ^^ zJ. Kavalr Ltnqamma, W/o.K.Venkataiah, Aged about 73 years, Oco.Housewife, R/o.H.No.4-66, Ivlytaram(V), Kothagudeir, Xfrimma Oist R/o. Upparagud em, Kuravai, Warangal Oisi AND ...PETITIONERS

2. J.

4. The State of Telanoana. Rep by its principal Secretary, Revenue Department, Secretariat, HvderJbad The Distrifl collector, Ranaga. Reddy District, at rntegrated District offices p.o mplex, Konga ra Kata n, I brlhim prtn'a, HAJnO'"[-in'bi st. Divisionat Officer, lbrahimpatnam Division. Ranga Reddy Jlrir,Jurunru The Tahsildar, Abduilapurmet tVrandar, Abduilapurmet, Ranga Reddy District ...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the iigh court may be pleased to issue an order or direction or writ more particurarry one in the nature of writ of mandamus, decraring the action of the Respondents in interfering with possession and threatening to dispossess the petitioners in rr:spect of the prots of land in Plot Nos. 4,9, 1 7,1 8,3 1,32,33,36, 3739 to50, 52,53,54, 59,64,6S,67,68,1 2,7 s and 80 each admeasuring about 200 sq.yds., in Sy.No. 2g3t57 of Abdullapur village, Abudulrapurmet tr.,landar, Ranga Reddy District, with'ut foflowing the due procedure, as arbitrary, ilegar, unreasonabre, viorative of principres of naturar justice, and contrary to the provisions of the Right to Fair compensation and Transparency in Land Acquisition, Rehabiltation and Reset ement Act, 20i 3 (Act 30 of 201 3), and viorative of Articre i 4 and 300-4 of constitution of rndia and direct the respondents not to dispossess the petitioners from their respective prots of land, and/or alternatively, regularize possession of ther petitioners, in the interest of justice ,a.-:t lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to dispossess the petitioners in respect of land in Plot Nos.4,9,17,18,31,32,33,36,37,39to50,52,53,54,59,64,65,67,68'72,75.& 80 each admeasuring about 200 sq.yds., in Sy.No. 283;157 of Abdullapur village, Abdullapurmet Mandal, Ranga Reddy District, without following due process of law, during the pendency of writ petition, in the interest of iustice Counsel for the Petitioner: SRl. B. MAHENDER REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY UIRIT PETITION No.69 77 of2O2S - ORDE R: The pelitioners claim to be the purchaserr; ot various extents of plots in Sy.No.2g3 :rnd its sub-divisions, situated at Abclullapurmct Village, Hayathnagar Mandal, Rangtr Reddy District, through registered sale deeds. It is stated that disputing the naturc of the lands, the respondent aurthorities are interfering with the peaceful possession of tl,re petitioners stating that the said lands were assigned to various persons and initiating thc summary proceedings under the l,ellrngana Land Encroachment Act, tgOS (for short ,the Act, lgif5) and the Telangana Assigned Lands (prohibition of Transler.s) Act, l9Z7 (hereinafter relerred to .ROR Act, lgZZ). The gricvance of the petitioners is that the respo ndent_authorities are n()t having any po\{rer or authorit5. to evict them as they have purchased the said propertit's through regisrrred salc deeds.

2. Considered the submissions of the learned ccunsel for the respective parties and with their consent this u,rit petition is disposed of ar the admission srage. 2 CVBR,.I Wp 6977._2025

3. Learned counsel appearing for the petitioners has vehemently contended that when there arc disputes with regard to classifica[ion, identification, localization, and execution of rcgistercd sale deeds in respect of the subject ptots, the respondent authorities are not having any power or authority to evict the petitioners from the said plots, without following due process of law.

4. Per contra, learned Government Pleader appearing lor the respondents submitted that as per the Khasra Pahanis, Setwar, Chesla Pahanis and other revenue rccords maintained under the provisions the Telangana Land Revenue Act, 1317 Fasli, the nature of the lands is classified as "Kancha Sarkari" which denotes as Government lands. Learned Government Pleader further submitted that the lands which are recorded as Kancha Sarkari, Gairan, Porambok and more particularly the grazing lands are not meant for alienation/ allotment either under the provisions of the Telangana Land Revenue Act, 1317 Fasli or Board Standing Orders or the policy enunciated by the State Government uide G.O.Ms.No. 1406, dated 25'07.1958; and the lands classified as Kancha Sarkari are intended solely for graving and are reserved for the purpose of feeding cattle in 3 CVBR, J wp 6977 202.5 villages. It is further submitted that after concl ucting socio_ economic survcy Ity the Government, if the petitioners :rre found eligible for rcgularization of the lands or for allotm,:nt of hduses under any Goven-rment housing schemes introdur:ed from time to time, appropriate action u,ill be taken to accommodate the eligible persons under the relevant schemes.

5. The case of the petitioners is that the sub-ject lands are recorded as padavu (uncultiva ted / fallo\,\,) Anr, they have purchased the same r,rnder rcgistercd sale deeds; and at this length of time, the respondents are not having an1, right to disturb their settled legal position by initi.rting summary proceedings under the provisions of the TeLrngana Land Encroachment Act, 19OS.

6. The case of the respondents is that as pe. the revenue records, the nature of the lands is classified as Ktrncha Sarkari and therefore, the petitioners or their predecessr>rs_ in_interest are not having any title and Lhey are not evcn eligible for assignment o[ the said lands undcr Lhe provisions of the Telangana Land Revenue Act, 1317 Fasli or as oer the policy issued by the Government from time to time. i 4 CVBR, J Wp-6971_2O25

7. Be that as it may, since it is stated that the pelitioners have purchased the said lands under registered sale deeds without verifying the classillcation of the lands in revenue records and ,,vith a bonafde impression that the sellers have valid Lransferabte title and even if the sale deeds relied upon by them are not valid ones, since all the petitioners are below poverty line persons and eligible for allotment of house sites as per the direclive principles of the State policy, whether the petitioners are entitled for regularization of the said house sites or for accommodating them under any of the schemes introduced by the State Government, this Court is of the opinion that ends of justice would be met if the respondent- authorities are directed to conduct socio-economic survey and if the petitioncrs are cligible for regularization of their respective plots purchasecl undcr rcgistereci sale deeds, the respondents shall consider the same for regularization in terms of the policy in force. lf the petitioners are not eligible and are not in possession of the subject lands to claim regularization, the respondents shall follow due proccss of law beforc initiating any action against the Petitioners. -5 CVBR, J \Np-.(t977 _2025

8. With the above observations, this Writ petition is disposed of. No order as to costs. Miscellaneous pctitions, it any, shall stand closcd I ro, BABU TRAR ,TRUE COPY// SD/. L. LAKSHMI ASqS\ANT REGIS r\' \ \., 1 QEcTloN OFFIcER 'l . The Principal Secretary, Revenue. Department, Secr{flariat, T.S.,Hyderabad. 2. The District coilector, Ranaga Reddy bistrict, it.rntegiat,:d orsiriiibniceJ- ^ Complex, Kongara Kalan. lb-rahimpainam Mandal, RR D si. 3. rhe Revenue Divisionar officer, rbrahimpatnam Division. Ranga Reddy 4 The Tahsildar, Abduilapurm_et Mandar, Abduilapurmet, Ranga Reddy District Lvvv, vrv(r ru( 5. one CC to SRr. B MAHENDER nroov Aovoliie loi;uCi'- 6. Two CCs to Gp FOR REVENUE ,High Court forif,E Stu1"'of fetangana at 7. Two CD Copies Hyderabad [OUT] District BM GJP CAV I ( t ) ( HIGH COURT DATED:0710312025 oR 1BE s14 )c ( 3 0 tlttY n25 {i seal6rrE! t ORDER WP.No.6977 of 2025 o o ',. DISPOSING OF THE WRIT PETITION WITHOUT COSTS C/{fL uLoSbl

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