✦ High Court of India · 02 Apr 2025

Rt High Court · 2025

Case Details High Court of India · 02 Apr 2025
Court
High Court of India
Decided
02 Apr 2025
Bench
Not available
Length
1,246 words

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 for the reasons stated in the accompanying affidavit, humbly prayed that this Hon'ble may issue a writ, order or direction, more particularly in the nature of Writ of Mandamus declaring the Proceedings Nos. 8/370-212023, Bl370-512023, 81370-312023,81370-612023,81370-712023,81370-112023, dt.'17.03.2025issued by the 4th Respondent herein as illegal, arbitrary, devoid of any merit, contrary to 1, B the provisions of the Telangana Assigned Lands (Prohibition of rransfers) Act, 1977 and violative of the principles of natural justice and conseqt.enfly direct the respondents herein to not to interfere with the peaceful pos:session of the petitioners'property admeasuring Ac. 12.00 Gts. situated in Sy No. 394 and 437 of Narsipgpur Village, Jagityal(Rural), Jagityal District in violation cf Article 300-4 of the Constitution of India IA o oF 2025 Petition under Section 151 cpc praying that in the circumstances slated in the affidavit filed in support of the petitiOn, the High Court may be pleased to suspend the operation of the Proceedings Nos. B|37O-212A%, Bt37O_512023, 81370-312023,Bt370-612023,8t370-7t2023, Bt37O-1t2023, dt. 17.t13.2025 issued byrthe 4th Respondent pending disposal of the present Writ petitior. IA NO: 20F 2025 Petition under {iection 15i cpc praying that in the circumslances stated in the affidavit filed in support of the petition, the High court may pe pleased to direct the Respondents to not to interfere with the peacetul possession of the Petitioqers'propert!'admeasuring Ac. 12.00 Gts situated in sy. No, 394 & 437 qf Narsingpur Village, Jagityat(Rural), Jagityal Distric{ pending disposal of the present Writ Petition. A O:3OF 25 Petition under Section 1s1 cpc praying that in the clrcumstances stated in the affidavit filed in support of the petition, the High courl may be pleased tq receive the present Additional Affidavit along with the Annexurers being fileQ herewith on the file of this Hon'ble Court. Counsel for the Petitioner: SRI M.SRI KRISHNA REDDY, REp. FOR SRI SAI SUMED YASASWI KONDAPALI-I Counsel for the Respondents: SRI H.SOMAIAH EZRA SASTRI, AGP FOR ASSIGNMENT The Court made the following: ORDER a TION'BLE SRI JUSTICE C.V. BHASI{AR REDDY ORDER WRIT PETITI ONNo.9856 of2o25 This Writ Petition is frled praying this Court to declare the proceedings Nos.B/37O-2l 2023; B/ 3TO-S/ 2C/23; B/ 3ZO-3/2O23; B/370-6/2023; B/370-7 /2023 and Bl37o-tl2o2s, all,d.ated

17.O3.2O25 issued by respondent No.4 for resumption of the land admeasuring Acs. 12.OO guntas, situated in Sy.Nos.394 and !l.Z of d'{l'arsingpur Village, Jagityal Rural Mandal, Jagityal Districr, as illegai, arbitrary, conbary to the provisions of the Tela.ngana Assigned Lands (Prohibition of Transfers) Lct, lgZT (for short .,the Act, 1977"1 and also violative of the priociples of natural justice and consequently, prayed for other appropriate reliefs.

2. It is stated that the petitioners have purchased the land admeasuring Acs. 12.OO guntas, situated in Sy.Nos.394 and 43T of Narsingpur Village, Jagityal Rural Mandal, Jagityal District through registered sale deed bearing document No.Z24 of 2OO4, dated 27.O5.2OO4. It is further stated that at the time of registration there is no prohibition for registration of the subject land and in fact, in the name of the petitioners, vendor, pattadar passbook and title deed have been issued under the provisions of the Telangana Rights in Land ald pattadar passbooks Act, l97l (for short "the ROR Act, 197l"l and the petitioners were also issued 2 CVBR, J Wp_9856 2025 pattadar passl>ooks uide patta Nos.755, ZS8, 756, gq} g4O, ZSg and 754, resprectively. The grievance of the petition(.rs is that respondent.N.).4, without issuing any notice to the petitLoners and without folJor.r.ing due procedure, had issued the impugned proceedings stating that the subject property was scrld by the vendor of the ltetitioners in contravention of the pror.isicns of the Act, 1977. I

3. Consiclered the submissions of the learned counr;el for the petitioners itrrrl Sri H.Somaiah Ezra Sastri, learncd Assistant Government l)leader for Assignment appearing for rr:spondent Nos.1 to 4 and with their consent, this writ petitior is being disposed of at thc admission srage.

4. Sri M.iit-i Krishna Reddy, learned counsel repres,:)nting Sri Sumed Yasasiu'i Kondapalli, learned counsel for the petitioners, has vehementlv r;ontended that the respondent authoritiers, having allowed the reSlistration and rssued pattadar passbook, are not having any rrght to state that the lands purchaser I by the petitione rs are assigned lands and the same are proh ibited for alienation.

5. Learnecl Assistant Government pleader for Assignrnent has submitted thar. if the petitioners are aggrieved by ttre orders ,.t. ....": ,'+l ll B:x{&**:: 3 CVBR, J wp_98sfu?025 1: passed by respondent No.4, they have to l-rle a statutory appeal before the Revenue Divisional Ofhcer under Section a (A) of the Act, 7977 within 9O days from the date of passing of {he order.

6. In view of the above submissions and since it is stated that the impugned orders have been communicated to the petitioners on O7.O3.2O25 and the limitation prescribed for filing a statutory , appeal is within a period of 90 days, this Court is of the opinion that the ends of justice would be met if the petitioners are permitted to hle an appeal before respondent No.3-Revenue Divisional Officer, within a period of two (02) weeks from the date of receipt of a copy of this order. Till the disposal of the appeal, the respondent authorities are directed not to take any coercive action over the subject properties, in any manner. 7 . With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

8. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/-T. JAYASREE PUW REGISTRAR SECTION OFFICER To,

1. The Principal Secretary, Revenue Government of Telangana' Department, Secretarip.t, Hyderabad' 2 The District Collector, Jagityal District' Telangana' 3. lhe Revenue Divisional Officer, Jagityal(Rural)' Jagityal District' Telangana 4 The Mandal Revenue officer, Jagityal(Rvral), Jagityal District' Tplangana' l* S One CC to SRI SAt SUMED YASASW| KONDAPALL|, Advocat€ 6 lwo ccs to GP FoR ASSTGNMENT, Hig!'r court for the state of rerangana al 7 Two CD Copies Hyderabad [OUT] IOPUC] / BSR BS , s HIGH COURT DATED:0210412025 t I ORDER WP.No.9856 of 2025 , ltrE s14 o( + o o t, 15 APR 2[6 z a I I o.cs pATCH €O DISPOSING OF THE WRIT PETITION, WITHOUT COSTS @7"r"" W

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