Smt. Mood Shantha v. 1. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ more particularly one in the nature of a writ of MANDAMUS under Article 226 of Constitution of lndia or any other appropriate Writ or order or direction Declaring that the action of the respondents in preventing the petitioner from entering to protect her Open Plot bearing Nos.116 and 117 admeasuring 400 Sq.Yards or 334.44 Sq.Yards in Sy.No.283/53 and 283154 Situated at Abdul lapurmet Village and Mandal, Ranga Reddy District as arbitrary by way of Sale Deed dated.3'1 10712010, which is patta land purchased through Registered Sale deed and pursuant to clarificatory orders in Letter vide No.B115768/93, Dt.27.10.1993, as illegal and voilative of Articles 14, 21 and 300A of constitution of lndia and Telangana revenue provisions and consequently direct the respondent to allow the petitioner to construct compound wall over the said plot and grant such other relief as it deems fit and proper in the circumstance of the 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 to restrain themselves from interfering with the possession and enjoyment of the petitioner over Open Plot bearing Nos.'l 'l 6 and '1 17 admeasuring 400 Sq.Yards or334.44 Sq.Yards in Sy.No.283/53 and283154 Situated at Abdul lapurmet Village and Mandal, Ranga Reddy District by way of Sale Deed daled.311O7 1201 0 by granting liberty to the petitioner to construct compound wall over the said plots pending disposal of the present writ petition. Counsel for the Petitioner: SRl. M SARITHA Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: OROER HON'BLE SRI JUSTICE C,V.BHASKAR REDDY WRIT PETITION No.765O of 2o25 ORDER: The petitioner claims to be the absolute owner and possessor of plot bearing Nos.116 and 117 admeasuring 4O0 square yards or 334.44 square yards in Sy.Nos.283/53 and 283154, situated at Abdullapurmet Village, Hayathnagar Mandal, Ranga Reddy District, through registered sale deed dated 31.O7.2010. It is stated that disputing the nature of the Iands, the respondent-authorities are interfering with the peaceful possession of the petitioner stating that the said lands wcre assigned to various persons and initiating the summary proceedings under the Telangana Land Encroachment Act, 19O5 (for short 'the Act, 1905) and the Telangana Assigned Lands [Prohibition of Transfers) Act, 1977 (hereinafter referred to 'ROR Act, 19771. The grievance o[ the petitioner is that the respondent-authorities are not having any power or authority to evict her as she has purchased the said properties through registered sale deed. ,'l 2

2. Considered the submissions of thc learned counsel for the respective parties and with their consent, this writ petition is berng disposed o[ at the admission stage.

3. Learned counscl appearing [or the petitioner has vehemently contended that when there are disputes with regard to classification, identification, localization, and execution of registered sale deed in respect of the subject plots, the respondent-authorities are not having any power or authority to evict the pctitioner from the said plots, without following due process of law.

4. Per contra, learned Governmcnt Pleader for Revenue appearing for the respondents submitted that as per the Khasra Pahanis, Setwar, Chesla Pahanis and other revenue records maintained under the provisions the Telangana Land Revenue Act, 1317 Fasli, the nature of the lands is classihed as "Kancha Sarkari" rvhich denotcs as Government lands. Learned Government Pleader further submitted that thc lands which are recorded as Kancha Sarkari, Gairan, Porambok and more particularly the grazing lands arc ltot meant for ali*ration / allotme nt either under \ Telangana Land Revenue Act, 1317 the provisions of the Fasli or Board Standing ,4. 3 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 grazir,.g and are reserved for the purpose of feeding cattle in villages. It is further submitted that after conducting socio-economic survey by the Government, if the petitioner is found eligible for regularization of the lands or for allotment of houses under any Government housing schemes introduced from time to time, appropriate action will be taken to accommodate the eligible persons under the relevant schemes.

5. The case of the petitioner is that the subject lands are recorded as padavu (uncultivated/ fallow) and she has purchased the same under registered sale deeds and at this length of time, the respondents are not having any right to disturb her settled legal position by initiating summary proceedings under the provisions of the Telangana Land Encroachmenl Act, I 905.

6. The case of the respondents is that as per the revenue records, the nature of the lands is classihed as Kancha Sarkari and therefore, the petitioner or her predecessors-in-interest are not having any title and she is not even eligible for assignment I 4 of the said lands under the provisions of the Telangana Land Revenue Act, 1317 Fasli or as per the policy issued by the Govcrnment from time to time.

7. Be that as it may, since it is statcd that the petitioncr has purchased the said lands under registered salc deed without verifying the classification of the lands in revenue records and with a bona jide impression that the sellers have valid transferable title and even if the sale deeds relied upon by them are not valid ones, since the petitioner is below povcrty line person and eligible for allotment of house sitcs as per the directive principles of the State policy, whether Lhe petitioner is entitled for regularization of thc said house sites or for accommoCating her under any of the schemes introduced by the Statc Government, this Court is of the opinion that ends o[ justice would be met if thc respondent,authoritics are directed to conduct sccio-economic survey and if the petitioner is e ligible for regularization of her respective plots purchased under registered sale deed, the respondents shall consider thc same for regularization in terms ol the policy in force. If the petitioner is not eligiblc and is not in possession of the subject lands to claim regularizallon, the respondents shall follou, due process of law before initiating any action against the petitioner. ') 5

8. With the above observations, this Writ Petition is disposed of. No order as to costs Miscellaneous petitions, if any, shall stand closed. SD/.P.CH.NAGABHUSHAM BA EPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Principal secretary, Revenue Department. State of Telangana, office at, Secretariat, HYderabad.

2. The District Collector, Ranga Reddy District 3. The Revenue Divisional Officer, lbrahimpatbam Division, Ranga Reddy District.

4. The Thahsildhar, Abdullapurmet Mandal, Ranga Reddy District' 5. The station House officer, Abdullapurmet Police Station Rachakonda Police Co m m issiona rate.

6. One CC to SRl. M SARITHA Advocate IOPUCI T.TwoCCStoAGPFoRREVENUE,HighCourtfortheStateofTelanganaAt Hyderabad. [OUT] B. Two CD Copies 9. One Spare coPY Gt(BSK AV 1 HIGH COURT DATED:1210312025 to( c (-) 26 JUtt M o6,.s P7,1eH EO * ORDER WP.No.7650 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS t \s \o(t"