Terdelly Mallamma v. I State of Telangana

6 Sri Gali Lingam, S/o. Shankaraiah, Aged 6'1 years, R/o H.No.1-4, Tiyalpur, Khajipet, Narsapur Mandal, Medak District.

7. Sri Gali Padmakar, Sio Gali Lingaiah, Aged 38 years, Rl/o. H.No.1-4, Tiyalpur, Khajipet, Narsapur Mandal,. Medak District.

8. Sri t\4ansingh, S/o. Late. Hobiya, R/o. H. No. 4-4i '1, Narsapur, Medak District 50231 3

9. Katrothu Raju, S/o. Mansingh, Aged 41 years, R/o H.No.4412, Narsapur, Medak District 502313. '10. Bolla Ramulu @ Ramulamma, w/o Venkata Subbaiah, 60 years, H.No.4-3, Narsapur, Medak District 502313. ...RESPONDENTS 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 a Wrrt, Order or direction more particularly one in the nature of I l_i Writ of Mandamus declaring the action of the official respondents in not taking action on the encroachments made by the unofficial respondents on the assigned house patta land admeasuring an extent of Ac.0-02 guntas in survey No.67 vide Patta rn File No P,51285181 , dated 27.4.1981 which was again renumbered as 67lAl1 at Narsapur (V and M), Medak District and its corresponding H.Nos-4-3,4- 311 , 4411 and 4-412 as illegal, arbitrary and unjustifiable and discrirpinatory and in violation of the provisions of Telangana Assigned Lands (Prohibition 9f Transfers) Act, 1977 and also in violatron of the pnnciples of natural justice and in violation of Article 14,21 and 3004 of the Constitution of lndia and consequently, to direct the official respondents to cancel the mutation in favour of the unofficial respondents and restore possession of the same in favour of the petifione1. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fited in support of the petitron, the High Court may b9 plqased to direct the 5th respondent to consider the representations of the petitionef, dated 01t08t2023. lA NO:2 OF 2024 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 tq direct tfue 4th respondent to consider the representations of the petilioner, daled 05 I 07 I 2023 and 2 5 I 07 I 2023 lA NO: 3 OF 2024 Pptition under Section 151 CPC praying that in the crrcumstances stated i4 the affidavit filed in support of the petitron, the High Court may be pleased to direct the 2nd respondent to consider the representations of the petitioner, daled 24107 12023, 7 1812023 and 221 1212023. Counsel for the Petitioner: SRI G.U.R.C. PRASAD Counsel for (he Respondent No.'l to 5: ASST. GP FOR REVENUE Counsel for the Respondent No.6 to 10: SRI N. MANOHAR The Court made the following: ORDER 7-. HON'BLE SRI JUSTICE C.V.BHASI(AR REDDY UIRIT PETITI ON No.9862 of2O24 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is hled seeking the following relief: "....to issue a Writ, Order or direction more particularlg one in the nature of Writ of Mandamus declaritg the action of the offcial respondents in not taking actton on the encroachments made bg the unolficial respondents on the assigned house patta land. admeasuing an extent of Ac.O.02 gunta-s in Suruey No.67 uide Patta in File No.BS/ 285/ 81 dated 27.4.1981 tuhich uas again renumbered as 67/A/ I at Narsapur (V and M) Medak Distict aid its conesponding H.Nos.43, 43/ 1, 44/ 1 and 44/ 2 as illegal, arbitrary, unjustifiable and discriminatory and in violation of the prouisions of Telangana Assigned Lands Prohibition of Transfers Act, 1977 and also in uiolotion of the pinciples of natural justice ond in uiolatlon of Articles 14, 21 and 3O0A of the Con-stitution of India and consequentlg to direct the oJficial respondents to cancel the mutation in fauour of the unofficial respondents and restore possession of the same in fauour of the petitioner...."

2. Considered the submissions of the Iearned counsel for the . petitioner; Sri N. Manohar, learned counsel for respondent Nos.6 to l0 and perused the record.

3. It is stated that the husband of the petitioner was assigned land to an extent of Ac.0.02 guntas in Survey No.67 uide patta in File No.B5/285/81, dated 27.04.1981, which was renumbered as Survey No.67 /Al1 at Narsapur Village and Mandal, Medak District and he also constructed houses in the said lands after obtaining 2 :1 buiiding perrnission, dated O6.09.lgg2. lt is the case of the petitioner that after the death of her husband, the revenue authorities have mutated her name in the revenue records and she is in enjoyment of the said property. The grievance of the peLitioner is that disputing the extent sanctioned by the Government as assignment patta, respondent Nos.6 to 10 are interfering with her peaceful possession and causing inconvenience for her enjoyment over the said property, which constrained her to submit number of representations before the respondent authorities requesting to take action against the alleged encroachers into the assigned.lands sanctioned in lavour of her husband and subsequently, which is in her possession, but no action has been taken by the respondent authorities on the encroachments made by respondent Nos.6 to 10. Hence, this writ petition.

4. Learned counsel for the petitioner submitted that the said assignment wa s sanctioned by the Governmcnt in favour of the petitioner's husband as per the Board Standing Orders and the Rules made under the provisions of the Telangana Land Revenue Act, 1317 Fasli. It is further submitted that the petitioner,s late husband constructed houses in the said assigned lands after obtaining necessary permissions from the respondent authorities. 7 3

5. l,earned counsel for respondent Nos.6 to 10 disputing the submissions of the learned counsel for the petitioner has submitted that respondent Nos.6 to 1O have purchased part of the lands assigned as house site pattas to the petitioner's husband and there is dispute with regard to the nature and possession of the said lands.

6. It is settled law that the as per the policy enunciated in G.O.Ms. 14O6 dated 27.O5.1958, the State has allotted various extents of lands for landless poor; and once house sites are assigned, they are entitled to enjoy the same as absolute owners, and if any conditions stipulated therein are violated, the State is having power to resume the said lands by following the due procedure as contemplated in [aw.

7. Since it is the case of the petitioner that respondent Nos.6 to I O are interfering into the assigned patta lands and causing obstruction for her enjoyment, the said issues in the opinion of this Court would not fall within the purview of the powers being conferred under the provisions of the Telangana Assigned Lands Prohibition of Transfers Act, 1977 or the Telangana Land Revenue Act, 1317 Fasli or the Board Standing Orders to exercise such a power to evict the encroachers, and the petitioner is having right to I t 4 t approach thc competent civil Court and take steps for eviction of the encroachcrs from the suLrject land.

8. In view of the above, this Court is of the opini,rn that ends of justice would bc met if the petitioner is relegated to approach the compctcnt Civil Court and seek appropriate relief, in accordance with law. 9 With the above observations, this Writ petition is disposed of. No order as to costs As a sequel, the miscellaneous petitions pending, if any, Shall stand closed \ //TRUE COPY// SD/-A. SRINIVASA REDDY AS ISTANT REGISTRAR iEc TION OFFICER To, 1 ,, 4 5 retansana, If-l111:lpql,S_"_.1_t1ryge^v^eluaDepartment,stateof recreraflat, Hyderabad 500066, Telangana The District collector lnteorated colledtorate comple, Medak District, Medak_ 502110 The Tahsiladar, The Mandal Revenue Office, Narsapur-5023 1 3, Medak Qistrict. The Commissio Medak District The Sub Regist Medak District ner, fVlunicipal corporation Office,(V and M) Narsapur_5O23.13, rar. Sub Registrar Office-1706 (V and M) Narsapur-5023.13, I Qn" CQ to SRt G U R C PRASAD, Advocate tOpUCj 7 One CC to SRt N MANOHAR. Advocate iOprici - 8 f1ryo CCs to GP FOR REVENUE, High Cdurt for ine State of Tetanganb 9 Tyvo CD Copies IQUT] BN BSw ----T- HIGH COURT DATED:1810212025 \ t ORDER WP.No.9862 of 2024 7-..-tlrE STA rr- ( 't 5 lilAB 2[25 I Ot sPAT c t DISPOSING OF THE WRIT PETITTON WITHOUT COSTS ?,}