High Court · 2025

Dhanvanthari Seva Society, (Reg. No 27712010) having its office at 5-11-711, Vidyanarayanapuri, Hanamkonda, Damera Village and Mandal, Hanamkonda District Rep. by its President Smt.Moluguri Anitha, W/o Sri Anandam, aged about 42 yeats. ...PETITIONER AND

1. The State of Telangana, Rep by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad

2. The District Collector, Hanamkonda District Hanamkonda. 3. The Revenue Divisional Officer, Damera Revenue Division Damera Village and Mandal, Hanamkonda District.

4. The Tahsildar, Damera Village and Mandal, Hanamkonda District. ...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 an appropriate Writ, order or direclion particularly one in the nature of WRIT OF MANDAMUS declaring the action of the impugned action of the respondents in trying to interfere with the peaceful physical possession and continuous enjoyment of the Petitioner Society proposing to alienate it to third parties while not furnishing the Pattadar Pass Books and Title Deeds for the lands of an extent of about Ac. 17.09 Guntas situate in S. No. 362/1 of Damera Village and Mandal, Hanamkonda District belonging to the Petitioner Society is arbitrary, illegal, capricious, high handed apart from being in violation of the fundamental rights guaranteed to the Petitioner society herein under Articles '14, 2'1 and the guarantee under Article 300-4 of the Constitution of lndia apart from being in violation of the principles of natural justice and fair play, and the Statutory provisions of the Telangana Record of Rights in Land and pattadar Pass Books Act and the Rules made there under and the orders dated '17.10.2023 passed by this Honourable Court in W.P No. 11192 o'f 2015 and consequently direct the respondents herein not to interfere with the peaceful physical possession and continuous enjoyment of the lands of an extent of about Ac. 17.09 Guntas situate in S_ No. 362/1 of Damera Village and Mandal, Hanamkonda District belonging to the Petitioner Society in any manner whatsoever while issuing Pattadar Pass Books and Title Deeds to the petitioner Society. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumslanqes stated in the affidavit filed in support of the petition, the High Court may be pleased pleaesd to direct the respondents to consider the representation of the petitioner Society dated 22.O4.2024 forthwith by issuing the Pattadar Pass Books and Tiile Deeds for the lands of an extent of about Ac. 17.09 Guntas situate in S. No. 36211 o'f Damera Village and Mandal, Hanamkonda District belonging to the Petitioner Society pending disposal of the above writ petition. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances staled in the affidavit filed in support of the petition, the High Court may be pleased pleaesd to direct the respondents herein not to interfere with the peaceful physical possession and continuous enjoyment of the Petitioner Society in respect of its land of an extent of about Ac. 17.09 Guntas situate in S. No. 362/1 of Damera Village and Mandal, Hanamkonda District belonging to the Petitioner Society in any manner whatsoever pending disposal of the above writ petition. Counsel for the Petitioner:SRl. G SUNDARESAN Counsel for the Respondents: Gp FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.1 O381 of2O25 ORDER: . This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "....to .ssue an oppropnate Wnt, order or clirectrcn parlrcularlA one in the nature of WRIT OF MANDAMUS declaing the oction of th.e impugned action of the respondents in trying to interJere uith the peaceful phg-sicat poss_ession and conttnuous enjoAment of the petttioner Societg propostng to alienate it to thrrd parties whiLe not Jumtshing the pattctdq.r pass Books and Title Deeds for the lands of an exteit of about Ac.lZ.Og Guntas sttuated in Sg.No 362/ 1 of Damera Viltage and Mttndal, Hanamkonda Dtstict, belonging to the petitioner Societg is arbitraigj, ilLegal, capicious, high handed apart from being tn uiotation of tii fundamental ights guaranteed to ltle petitioner Societr herein under Arlrcles 14 and 21 and the guarantee under Articli 300A of the Constitt'tion of India apart from betng in uiolation oJ the prtncipies of naturql psttce and fair plag artd the Statutory prouiiions'of thL TeLangana Record of Rights in Lond and pottadar pass Books Act ond the Rules made thereunder atld the orders dated 17.lO.2O23 passed. bg thts Honourable Court in WP No.l1 192 of 2O1S ancl consequenttg d.ireit the respondents herein not Lo tnterkre wtth the p"orilrL fhgstcat and conttnuous enjoAment of lhe lands of an exient olitout 4os_sgs-s1on Ac.17.09 Guntas s{tuated h Sg.No.362/l of Damera Viltage and Mandal, Hanamkonda Distict, belongtng to the petitioner Societg in ang manner u)hatsoeuer uhile issuing pattadqr pass Boo,lts and Titie Deeis to the Petitioner Societg forthunh...,

2. Considered the submissions of the learned counsel for the petitioner; Sri H. Somaiah Ezra Shastri, learned Assignment Government Pleader for Assignment appearing for the respondents and with their consent this writ petition is disposed of at the admission stage. 2 --1 It is stated that the petitioner herein is a society registcred 3. under the provisions of the A.P. Societies Registration Act, 2O01' vide No.277 of 2010, and it has purchased various extents of lands situated at Damera Viltage and Mandal, Hanamkonda District through various registered sale deeds. It is further statcd that the v'cndors names of the petitioner's society werc recorded in the revenue records under the provisions of the Telangana Rights [n Land and Pattadar Passbooks Act, 197 1 (for short 'ROR Act, 197 1 ') and the revenue authorities have also issued pattadar passbooks in their favour. It is further stated that respondent No 4-Tahsildar' vide letter No.B/ 1453/2010 dated O2'O4 2OlO clarif-red that the Iands in Sy.No.362 of Damera Village and Mandal, Hanamkonda District, were bifurcated into many bits and as per the copies o[ the pahanies and documents, the possessors are having valid title lt is further stated that when the respondents have int.erfered with its pcaceful possession over the subject property, it has iiled W.P.No.1 1121 of 2O15 before this Court and the same u'as disposed of vide order dated 17.lO-2O23 directing the respondents therein not to interfere with the possession of the petitioncr over the subject property in any manner, except following the duc proccss o[ Iaw' The grievance of the petitioner is that contrary to the orders passed by this Court in W.P.No lll2l ot 20 15, the respondents are TnE.f".ing with itg- pgaceful possession .over thc subject property U J which action on the part of the respondents is arbitrary, illegal and violation of principles of natural justice. Hence, this writ petition.

4. Learned Assistant Government pleader for Assignmenl appearing for the respondents submittcd that in compliance with the orders of this Court, the respondents have initiated action as per the provisions o[ the Telangana Assigned Lands (prohibition of Transfers) Act, 1977 (for short ,pOT Act, I9T7,l by issuing notice No.Bl39/2025 dated 28.02.2025 to rhe petirioner as well as the original assignees, but the petitioner has not submitted its explanation to the said notice, and if the petitioner and the original assignees submits any explanation to the said notice, the respondent authorities will conduct enquiry as per the provisions of the POT Act, 1977, and will pass appropriate orders.

5. ln view of the above submissions, this Court deems it appropriate to dispose of this writ petition permitting the petitioner to submit its explanation to the respondents to the notice dated 24.02.2025 by duly enciosing the necessary documents. On submission of the explanation, thc respondcnts are directed to consider the same and pass a reasoned order, after providing an opportunity of hearing to the petitioner. Till such time, the parties are directed to maintain status quo existing as on today in respect ol the subject property, in all respects lq _.;i:: 4

6. With the above observations, this writ petition is disposed of No order as to costs. As a sequel, the miscellaneous petitions pending, i[ anv, shall stand closed To, //TRUE COPY// SD/. AHMED ABDULLAH KHAN S TANT REGISTRAR SECTION OFFICER

1. The PrinciptSecretary, Revenue Department, Secretariat Buildings, Hyderabad, The State of Telangana

2. The District Collector, Hanamkonda District Hanamkonda. 3. The Revenue Divisional Officer, Damera Revenue Division Damera Village and [Vlandal, Hanamkonda District. 4- The Tahsildar, Damera Village and Mandal, Hanamkonda District. 5. One CC to SRl. G SUNDARESAN Advocate [OPUC] 6. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana.

7. Two CD Copies DD BSR w I HIGH COURT DATED:0710412025 - - _ -:=-'=:.:-. , ,_, r,.c o\' c t) I 2olutl M (o( I' { + ORDER WP.No.10381 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1o.oC4w -.,fs\a5