✦ High Court of India · 27 Feb 2025

High Court · 2025

Case Details High Court of India · 27 Feb 2025
Court
High Court of India
Decided
27 Feb 2025
Bench
Not available
Length
1,243 words

...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the 'cJurt -may -oe circumstances stated in the affidavit fired tnerewith, the High pleased to issue a writ, order or direction, particurarry one in the nature of writ of Mandamus, decraring the negrigent action of the Respondent Nos.3 and 4 in not complying the directions of the 2nd respondent vide L.Dis No. E2t214rrc7:i2o1g and E2l2142lg5r2o19 dt. 21tosr2o2o and not enquire into the matter ailei tne rules in force and not taking necessary action and not submitting th" ";;;lir;;" report before 2rrd res pondent and not cancellation of the pattas of ttre land in Sy' No. 143i2 1. and 14 \122 an extent of total Ac.4.00 situated at fle rjerla Village' Thallada Mand:rl, Khammam District, even it has been misusirg by the unofficial Respondents is illeg: I arbitrary, contrary to the principles of the nat.lral justice and violation of Cr>nstit rtion of lndia and consequently direct the Respondent lhe pattas/proceed ings of ROR and Pahany ir;sued in favour authorities to c€rnceL of Respondent No. I and 6 to an extent of AC. 4.OO Gts in lly No; 143/21 and 143t22 situalerl at Rejerla village, Thallada Mandal, Khammatn District of GovernmenUAs signr: 1 lands after due enquiry as per Lhe directior s of the 2nd respondent forthwithr lA NO: 1 OF 20',21 Petition r,rnder Section 151 CPC praying that in the circumstarlces stated in the affidavit filerl in r; rpport of the petition, the High Court may lle p eased to direct the Responden: Nos 3 and 4 to remove the illegal entries made lr)' tl'," r"r"nr" authorities in favour rf Respondent No. 5 and 6 in ROR and Pahanies and other revenue records to an extent of Ac. 4.00 Gts in Sy. No. 143l:.ll and 143122 situated at Reje,rla \/ llage, Thallada Mandal, Khammam District by t:omplying the directions of the 2nd 'espondent pending disposal of the writ petitiorl Counsel for ther Peti:ioners: SRl. BVSS BALAKRISHNA RAN.IlT Counsel for ther Resrondent Nos.1 to 4: GP FOR REVENUE Counsel for ther Res condent Nos.5&6: SRI IMMADI LAKSHMI NAll.i\YANA The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.SARATH 1VRIT PETITION No.8958 of 2ol21 ORDER: This writ petition is filed under Article 226 of Constitution of India seeking the following relief: "...to issue a torit, ord.er or direction, porticularlg one in tlrc noture of Writ of Mandamus, d.eclaring the ruegtigent action of the Respondent Nos.3 and. 4 in not comptging the directions of respondent No.2 uid.e L.Dis.No.E2/ 2 142/ 97/ 2019 ond E2/ 2 142/ 98/ 2019, dated 21.O5.2O2O and not enquire into the matter as per the rules in force and not taking necessary action and not submifting the compliance report before respondent No.2 an<l not cancellation of the pattas of the tand in Sg.No.143/21 and 143/22 an ertent of total Ac.4-00 situated at Rejerla Village, Thalbda Mand.al, Khammam District, euen it has been mi.susing by the unoffi.cial respondents is illegat, arbitrary, contrary to tLrc principles of the natural justice and. uiolation of Constitution of India and, cttnsequentlg direct the respondent outhorities to conceL the pattas/ proceedings of ROR ond Pahani tssued in fauour of Respondint Nos.S and 6 to an extent of AC.4-OO guntds in Sy.Nos.143/ 21 and. 143/ 22 situated at Rejerla Village, TLrullada Mandal, KLwmmam District of Gouemment/ Assigned land.s afier due enquiry as per the directions of the respondent No.2 forthutth and pass..." 2 Heard learned counsel appearjng for the petitioners and learned Assistalt Government pleader for Revenue 2 sr,J W-P.Nct.89!;8 ol 2O27 appea-rirIg flcr the respondents and perused the material on record

3. Lr:arrL:d counsel for the petitioners submitr,; that the petition<:rs ere requesting to cancel the pattas/pr,l,leedings of ROR ancl Pahani issued in favour of Respondr)1t Nos.s and 6 tc an rxtent of AC.4-00 guntas in Sy.Nosr. 143 l2l and L43/22 sitrrated at Rejerla Village, ThallzLda Mandal, Khammrm District of Government/Assigned lanis after due enquin/ as per the directions of the responck:nt No.2 forthwith.

4. k:arr:Lr:d Assistant Government Pleader for .?evenue submits rhzt the petitioners had made application for assignment rf lands but in the instant writ peti ion, th.y are seel<infj cancellation of assignment grante(l to the unoflicia-1 re;pondents. Without zuly cause of ar.:tion, the petitione,r:; lrave hled the instalt writ petition If the petitione rs [ le proper application for granting, as s ignment of landr; arii per the existing rules, the res,pondent- I I ( 3 sr,"r W.P.No.A9SA o.f 2027 authorities will consider the case of the petitioners as per their eligibility ald pass appropriate order as per the existing rules in accordance with law.

5. After hearing both sides and perusing the material on record, this Court is of the considered view that the petitioners made application for assignment of land in Rejerla Village, Thallada Manda_l, Khammam District but in the main prayer of the writ petition, the petitioners seeking cancellation of assignment of pattas of the unoflicia_l respondents and the sarne cannot be accepted by this Court.

6. In view of the above circumstances, the present writ petition is disposed of granting liberty to the petitioners to make fresh application for assignment of land to t-hem as per existing rules. After frling of such application, the Respondent Authorities are directed to pass appropriate orders thereon in accordance with law, as expeditiously as possible. However, there shall be no order as to costs. 4 sr,J W.P.No.895tl tf 2O21 7 Misce].laneous petitions, if *y, pending in r.his Writ Petition s,hal1 also stand closed. //TRUE COPY// SD/. 1" JAYASREE DF.PUTY REGISTRAR SECflON OFFICER To,

1. The Princ,ipal S ecretary, Revenue Department, Secretalial, HyJerabad. 2. The Distr ct Cc llector, Khammam District, T.S 3. The Reve,nue l)ivisional Officer, Kalluru Revenue Division, Kallr:ru lVlandal, Khammarn Dis rict

4. The Tahsildar, Tallada Mandal, Khammam District 5. One CCtc SFl BVSS BALAKRISHNARANJTTAdvocate [OpUr]l 6. One CC tl SR.l l[/lUADl LAKSHMI NARAYANA Advocate OpUO] 7. Two CCs to G r FOR REVENUE, High Court for the State of Tr:langana. touTl

8. Two CD Oopir:; KKS .- GJP FI' HIGH COURT DATED:2710212025 1 t z1-;), t -'e s rr, 16. (: J o L) 1 0 Jril zlE (' 7: a + q ,' " ,. , ,.f .-/..-.--..... ORDER WP.No.8958 cf 2021 ' 4,r DISPOSING CIF THE WRIT PETITION WITHOUT COSTS \\ CgP(4 \6- x6n

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