High Court · 2025

HON'BLE SRI WSTICE C.V.BHASKAR REDDY WRIT PETITION No.8283 of 2025 ORDER: The petitioners claim to be the purchasers of various extents of plots in Sy.No.283 ald its sub-divisions, situated at Abdullapurmet Village, Hayathnagar Mandal, Ranga Reddy Districl, through registered sale deeds. It is stated that disputing the nature of the lands, the respondent-authorities are interfering with the peaceful possession of the petitioners stating that the said lands were assigned to various persons and initiating the summhry proceedings under the Telangana Land Encroachment Act, 1905 (for short 'the Act, 1905') and the Telangana Assigned Lands (Prohibition o[ Transfers) Act, 1977 (hereinafter referred to 'ROR Act, L977\. The grievance of lhe petitioners is that the respondent-authorities are not having any power or authdrity to evict them as they have purchased the said properties through registered sale deeds.

2. Considered the submissions of the learned counsel for the respective parties and with ttreir consent, this writ petition is being disposed of at the admission stage. 2

3. CVBR, J wp 8283 2025 L:.trned counsel appearing for the petitioners has vehr:n e tt v contended that when there are disp,ute.; u,ith regard to c la ss i-jcation, identification, localization, a ncl :xecution of regisrtcreri sale deeds in respect of the su'rjec, plots, the resp,tr Cr: tt._authorities are not having any power or authority to evic t t ro oetitioners from the said plots, withor I t fcrllo*ir.r* Or. proc( s.i i,i aw

4. Goverr n en ],=r :ontra, learned Government ple,ade t- 1or p.rrarrra appea 11 n(1 [rr the respondents submitted thar as per the Khasra PaharLis, Slctwar, Chesia pahanis and other r( ve nue records maint.ri rcc under the provisions the Telangzrna Lan,l Revenue Act, 1 il I 7 I';rsri, the nature of the lands is crassifi:d a s ,,Kancha Sarkari" ..r Irich denotes AS Government lanc,s, Learned Pleader further submitted that the la tds rvhich are Kancha Sarkari, Gairan, porambc k ernd more lands are not m(,ant for alienati:r rT rt lotment under the provistons of the Telangan,: Land Revenue Act, 1317 Fasli or Bozrrd Standing Orders .tr tit: policy enunciated by the State ()ovr rnnent uid.e G.O.ML[V, . . ,t ]6, dated 25.O7.t958; and the lar.rds classified as Kancha S:rrf:;r -i are intended solely for grazingand are reserved particula rll recorde.d grazng either 3 CVBR, J Wp_8283-2025 1n villages. It is further for the purpose of feeding cattle submitted that after conducting socio-economic survey by the Government, if the Petitioners are 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 [he relevant schemes'

5. The case of the petitioners is that the subject lands are recorded as padavu (uncultivated/ fallow) and they have purchased the same under registered sale deeds and at this length of time, the respondents are not having any right to disturb their settled legal position by initiating summary proceedings under the provisions of the Telangana Land Encroachment Act, 1905'

6. The case of the respondents is that as per the revenue records, the nature of the lands is classified as Kancha Sarkari and therefore, the petitioners or their predecessors-in-interest are not having any title and they are not even etigible for assignment of the said lands under the provisions of the 4 Tela r51a;r a Land Revenue Act, 13 1 7 Fasli rtr a s issrL,:r: hr he Government from time to time CVBR, J 'vp 8283 2025 pt r the policy 7 have ;:ur:,rased the Ilr: I tat as it may, since it is stated thar tht petitioners said iands under registcrecl sale deeds withc,ur re rifving the classihcation of the larrds in revenue recor'ls ,' rr,l with a bona.,lide impression that the l.relrers have valid trirr- s lerable title and even if the sale deeds rcli,:d upon by them a -e: rrot valid ones, since a the petitiotrers are below pover'-\' lr.r: persons and eligible for alrotment of h.rrse sites as per the ,,t; r--ctive principles of the State policl , whether the petition. r. zLrc cntitled for regularization oI tlLe siLrd l.Louse sites or for. arr,_- rmmodating them under any of the schemes introdrt<:r, bv the SLate Government, this Court is of the opiniorr .he r cnds of justice would be met i[ th: respondent_ authoritjr:s tre directed to conduct socio-economic sur vey and if the petition:-s are eligible for regularization of their respective plots pu,cit tsed under registered sale deeds, lhe resiponclents shall conr;irl _." the same lor regularization in te rms o1_ he policy in forcr:. I' the petitioners are not eligible anrl ar e not in possesstoll ,r ' the subject lands to claim regulz riza ,ion, the 5 CVBR, J wp_8283J02s respondents shall follow due process of law before initiating any action against the petitioners.

8. With the above observations, this Writ Petition is disposed of. No order as to costs Miscellaneous petitions, if any, shall stand closed. //TRUE COPY// SD/. N. SRIHARI DEPUWREGISTRAR sEcroN oFFlcER C ariat Buildings, The

1. The Principal Secretary, Revenue Department, 2 Stale of Telangana, Hyderabad, T.S The District Collector, Ranga Reddy bistrict offic" at Kongara Kalan, Ranga Reddy District.

3. The Fievenue Divisional Officer, lbrahimpatnam Division, Ranga Reddy District.

4. The Tahsildar, Abdullapurmet Mandal, Ranga Reddy District. 5. The Station House Off'rber, Abdullapurmet Police Station, Rachakonda Commissionerate

6. One CC to Sri lr/lohd Abdul Hameed, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court for the State of Telangana' at

8. Trfuo CC to ihe GP for Home, High Court for the State of Telangana, at Hyderabad [OUT] Hyderabad[OUT] 9. Two CD Copies To, \ TJ ?lu. GMN t I HIGH COI,IRT DATED:'lg,,03t2O2S -.:=\\ 4n f t S 14 lC -.r..:, o ?5 Jttt 2925 ..{ ORDER WP.No.82r8ii of 2OZs /, //,. ,t'a 1:J l,) DISPOSINTS :tF THE WR;T pETtTtON WITHOUT CoSTS P^q, ,IS JA