✦ High Court of India · 25 Mar 2025

High Court · 2025

Case Details High Court of India · 25 Mar 2025
Court
High Court of India
Decided
25 Mar 2025
Length
1,022 words

Acts & Sections

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PE TITIONNO :8944 OF 2025 Between: 1 !1. {njan Kumar, S/o Late 2 ,?um;:"y,rn?"}Liffi #"'f, #gli[i#"'$li4g:';ff "',lfi,n:"',8.7 ff #ft1,r!ff:ydffiffitrs*}if nii,63:.!1?riif;3Ti"#r AND ,, .....PETITIONERS 3:Xt"",""tJ?'3lfl 3ll? [",83/r its P ri n cipa r s ec reta ry, Reve n ue Depa rtm e nt,

2. The District Collector, Ranga Reddy District, Ranga Reddy District. 3. Revenue Divisional Offic . [?s,.Iffi:HHr, "H#J: Rll;',;#i"*, ;,],,_,";]If,1 Reddv D s,r c, .....RESPONDENTS petition Under Article 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit filed therew pleased to issue a wrlt, order or direction ,"* orn,ll,r:l""i;il :ilJ.I:::; Mandamus decraring the action of Respondent No 4 in not concruding the proceeding by converting the subject property from the agricurturar purpose to Non-Agricurtural purpose based on apprication dated 08-03-2025 as i,egar and arbitrary and contrary to the provisions of the of the Terangana Agricurturar Land conversion for Non Agricurturar purposes) Act, 2006 and also in vioration of the Arlicre 14 and 300 A of constitution of rndia and consequenry direct the I Respondent No 4 to issue proceedings for converting the subject property from the agricultural purpose to Non-Agricultural purpose based on application dated 08-03-2025, under the provisions of the Telangana Agricultural Land conversion for Non Agricultural Purposes) Act, without reference to the orders of this Hon'ble High Court dated 1 1-08-2023 passed in W.P.No.9934 of 2023 |.A.NO:1 OF 2025 Petition Under Section '1 5'1 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 Respondent No.4 to grant permission to converting the subject property from the agricultural purpose to Non-Agricultural purpose based on application dated 08-03-2025, under the provisions of the Telangana Agricultural Land Conversion for Non Agricultural Purposes) Act, without reference to the Orders of this Hon'ble High Court dated 11-OB'2023 passed in W.P.No 19934 of.2023 and pass appropriate orders in accordance with the law pending disposal of the writ petition. Counsel for the Petitioners : SRI MALIPEDDI SRINIVAS REDDY Counsel for the Respondents : SRI L.RAVINDER, AGP FOR REVENUE The Court made the following ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY trrRIT PETITION No.8944 of 2o25 ORDER: It is stated that petitioner No. 1 is the owner and possessor of the agricultural land admeasuring Ac.O.O9 guntas in Sy.No.244lUU; Ac.O.O8 guntas in Sy.No.244 /u/ l; Ac.l.32 guntas in Sy.No.24SlAAl l; Acs.3.O4 guntas in Sy.No.245lalal; Ac.0.3950 guntas in Sy.No.246KI /AAl I and Ac.O.17 guntas in situated at Mangalpalli Viilage, Sy.NO.246Kl /E, Ibrahimpatnam Mandal, Ranga Reddy District, having succeeded to the same from his father. It is further stated that the husband of petitioner No.2 i.e., M.Amerender Reddy, who is the brother of petitioner No.l, also succeeded to the land admeasuring Ac.O.O9 guntas in Sy.No.244 /UU / 1; Ac.O.08 guntas in Sy.No.244lU /2; Ac.l.32 guntas in Sy.No.245lAAl 1; Acs.3.04 grintas in Sy.No.245 IAA/tA; Ac.0.3950 guntas in Sy.No.246K1lAA/2 and Ac.O.17 guntas in Sy.No.246K1lAA, situated at Mangalpalli Village, Ibrahimpatnam Mandal, Ranga Reddy District and after his death, petitioner No.2 had succeeded to the said property. It is further stated that the names of the petitioners were mutated in all the revenue records and pattadar passbooks were also issued in their favour. It is ) 2 CVBR, J wp 8944 2025 'l further sta tcd t hat \4,hen the petitioners have erpproached the registration authorities with respect to the subject property, they came r() know that the land in Sy.Nos.24.4 and 245 were listed in tht: prohibited properties list stating ers ,,covered Courr Sray i. W.p.No. 19934 of 2023 and, t.A.No.21199 of 2006 in O.S.No.798 r>f 2006.,, Hence, the writ petition.

2. Consiclr:red the submissions made by the le,arned counsel for the peri[ioner :]nd Sri L.Ravinder, learned Assistant Governmcnt Pleader for Revenue appearing for tire respondents and with the ir consent, this writ petition is being <iisposed of at the admission stage. 3 This Court has carcfully examined the orders passed by this Court irr W.l). No. 19934 of 2023. It is found that while disposing of tl-re said writ petition, this co,rt directed respondent No.2 to expedite the disposal of tht: case of the petitioner in File No.B/aZ3/2023 (old No.B/186/2O19) and pass appropnate ordcrs within a period of three t.O3) months from the date of receipt of a copy of the said order by issuing notice to the petitioner and the respondents/ in teresl.ed persons. It is further seen from the said order that, on the, very same subject land, thc petitioners therein filed an application for 3 CVI]R. J Wp 8944-2025 restoration of the land in Sy.Nos.239, 244 and 245 under the provisions of the Tenancy Act, i950 and consequential issuance of ownership certificate. Since enquiry is pending, the respondents have listed the subject property in the list of the prohibited properties. The petitioners, having stated that interim orders are operating over the subject land and a suit is also pending before the II Additional District and Sessions Judge, Ranga Reddy District, have not chosen to make,the contesting parties therein as party respondents in this u,rit petition and since the petitioners failed to make them as party respondents in this writ petition, this writ petition is misconceived and is liable to be dismissed on the ground of non-joinder of necessary parties.

4. With the above observations, this Writ petition is dismissed. There shall be no order as to costs.

5. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. /ITRUE COPY// SD/.7 D .TIRUMALA DEVI UT/ REGISTRAR ECTION OFFICER To 1 2 3 SA LS Two CCs to Gp FOR REVENUE, High Court for the State of Telangana at Hl"tt?S .tRl'#^Lr PEDD I s Rr N rvAS REDDY' Advocate to Pucl Two CD CoPies di' HIGH COURT ' DATED:2510312025 ORDER WP.No.8944 of 2025 t.t 4I u;1.,. ,L\ PAs0 rn.lu( 5 (. L I q .) 't \-\ ,..t n.{ () DISMISSING THE W.P WITHOUT COSTS. A

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