Devarakonda Balaiah @ China Balaiah v. 1. The State of Telangana

Smt. Mark Ankulamma, w/o lddaiah, aged Major, r/o Konetipuram Village, Vongoor [\4andal, Nagarkurnool District. ..RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of lt/andamus, to declare the inaction of the 3rd respondent in taking steps to delete the name of the 4th respondent from the Dharani portal in respect of the land Sy.No B5/165 situated at Konetipuram village, Vangoor tVandal, Nagarkurnool District, though the 4th respondent failed to submit the explanation to the notice bearing No.8'195612024 dt.27 -11-2024 issued by the 3rd respondent, followed by written representalion dr. 21-2-2025, as being illegal, arbitrary, unjust and u nconstitutiona I and consequently direct the 3rd respondent herein to forthwith delete the name of the 4th respondent and to incorporate the name of the petitioner in the Dharani Portal. in respect of the above mentioned ,l 1 .l .. |l ,l h F i I h I t I F ! t t land, and to grant such other relief or reliefs as this Hon ble court deems fit and proper in the circumstances of the case. lA NO: 1 OF 2025 Petition under section 151 CPC praying that in ihe circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.3 herein to consider and take appropriate action pursuant to the written representatton dt.21-2-2025, pending disposal of the main Writ Petition, Counsel for the Petitioner : SRI AMARAGANI MALSOOR Counsel for the Respondents No.1to3 : AS9T. GP FOR REVENUE Counsef for the Respondents No.4 i -- The Court made the following: ORDER I i 1 I +, 1 .l fl. ,i il. 1 t; I i. : rI ||. rl. HON'BLE SRI JUSTICE C.V. BHASKAR REDDY II/RIT PETITION No.9l37 of 2025 ORDER: This Writ Petition is filed praying this Court to declare the inaction of respondent No.3 in taking steps to delete the name of respondent No.4 in the Dharani Portal in respect of the land admeasuring Acs.4.10 guntas in Sy.No.85/ 160, situated at Konetipuram Village, Vangoor Mandal, Nagarkurnool District as illegal, arbitrary and unconstitutional and consequently, prayed for other appropriate reliefs.

2. It is stated that the petitioner belongs to the Scheduled Caste community and is a landless poor person. Taking into consideration of the said fact, the Government has assigned the land to an extent of Acs.4.1O guntas in Sy.No.85/ 160, situated at Konetipuram Village, Vangoor Mandal, Nagarkurnool District as per the policy laid down in G.O.Ms.No. 14O6, dated

25.07.1958. It is further stated that after issuance of final patta certificate, the respondent authorities have mutated the name of the petitioner in the record of rights and also issued pattadar passbook uide Patta No.206. It is further stated that since the date of assignment and consequential issuance of pattadar passbook, the petitioner has been enjoying the absolute rights 2 CVBR, J Wp_9137 2025 over the subject property and receiving various incentives sanctioned by the Government from time to time as investment subsidies for cultivation of the subject land. It is further stated that, when the said extent was recorded in the name of respondent No.4 in Dharani Portal, the petitioner was constrained to submit a representation, dated 2l .O2.2025 seeking for correction of the entries in the revenue records and issuance of pattadar passbook as per the provisions of the Telangana Rights in Land and Pattadar Passbooks AcL, 2O2O (for short "the Act 9 of 2O2O"l. Respondent No.3 had initiated action under the provisions of the Telangana Assigned Lands (Prohibition of Transfers Act, 7977 (for short "the Act"l uide notice No.B/956/2024, dated 27.11.2024. The grievance of the petitioner is that, even after issuance of the notice to respondent No.4 and having received the said notice, respondent No.4 has failed to submit any explanation and respondent No.3, instead of passing final orders by deleting the land recorded in the name of respondent No.4, has not taken any further action even after lapse of one year. Hence, this writ petition.

3. Considered the submissions of the learned counsel for the petitioner and Sri H.Somaiah Ezra Sastri, learned Assistant ;, t, t1 i t I I I I I T 3 CVBR, J Wp 9137 2025 Government Pleader for Assignment appearing for respondent Nos. 1 to 3 and with their consent, this writ petition is being disposed of at the admission stage. In view of the nature of relief sought for in this writ petition, issuance of notice to respondent No.4 is dispensed with.

4. I-earned Assistant Government Pleader for Assignment has submitted that the petitioner has sold the assigned land in favour of respondent No.4 ald therefore the proceedings have been initiated under the provisions of the Act for cancellation of the assignment as the petitioner has violated the terms of the assignment patta.

5. In view of the above submissions and since respondent No.3 has issued the notice uide No.Bl956l2024, dated

27.11.2024, this Court is of the opinion that the ends of justice would be met if respondent No.3 is directed to complete the enquiry initiated under the provisions of the Act uide notice No.B /956 /2024, dated 27 .1I.2024 , after issuing notice to the petitioner and respondent No.4 and to pass a reasoned order and communicate the same to the parties, within a period of eight (08) weeks from the date of receipt of a copy of this order. 4 CVBR, J wp_9137 _2025

6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs 7 . As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/.T. JAYASREE Q-e:r_:url Bectsrnan- SECTION OFFICER To, I 2 J 4 5 The Principal Secretary, Revenue Department' Secretarlat' State of Telangana, HYderabad' The District Collector, Nagarkurnool District' Nagarkurnool The Tahsildar, Vongoor tvlandal' Nagarkurnool Drstrict' One CC to SRI AIr/IARAGANI MALSOOR' Advocate lOPUCl Two CCs to GP FOR REVENUE' High Court for the State of Telangana I

6. Two CD CoPies BSK BS ( Ft F h t F , I F t F F L- I I r F I I I F HIGH COURT DATED:26103t2025 ORDER WP.No.9137 ot 2025 +5 a o a( t 1dE S ri l4 3 0 JUN 206 t r -,' DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0,, \^, /?\ (Oi -A \-Y Al(I >t i 'i ;l ,i .l ,t il. I ,i, if; :1.