✦ High Court of India · 07 Apr 2025

A. Narsimha Reddy v. 1. The State of Telangana, Rep

Case Details High Court of India · 07 Apr 2025
Court
High Court of India
Decided
07 Apr 2025
Length
1,230 words

7. K. Sridevi, W/o. K. Panduranga Reddy, Aged about. 51 years, Occ. Agriculture, R/o. Talakondapally Village and Mandal, R.R.Dist. ...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 pass order or orders one in the nature of ,WRIT OF MANDAMUS declaring the action of the Respondents Not to entertain Conversion of Agriculture land to non-Agriculture land and not to alienate the land in respect of land in Sy. No. 325, extent Ac. 13-00 gts., Sy. No. 389, extent Ac. 02-00 gts, total extent Ac. 15-00 gts, Situated at Talakondapally village and mandal as the matter sub- judiced before the civil court vide OS No. 67 of 2022 on the file of the Honouable Senior Civil Judge, Ranga Reddy District At. Shadnagar. And a Civil Miscelleaneous Appeal vide CMA No. 23 of 2024 is also pending before the XVI Additional District Judge, Ranga Reddy District., by interfering into the petitioner above said land without following due process of law, and declare the action of the respondents as illegal, against the law, arbitrary, against the principals of natural justice and in violation of Article 300-4 of the Constitution of lndia. tA NO: 1 OF 2025 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 to direct the respondents No. 2 to 4 to consider the representation made by the petitioner on2610312025 in respect of land in Sy. No.325, extent Ac. 13-00 gts., Sy. No. 389, extent Ac. 02-00 gts, total extent Ac. 15-00 gts, situated at Talakondapally village and mandal and pending disposal of the main writ petition. Counsel for the Petitioner : SRI SURESH SHIV SAGAR Counsel for the Respondents No.1to4: SRI L.RAVINDER, AGp FOR REVENUE Counsel for the Respondents No.Sto7: The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY UIRIT PETITION No.1O39l of2O25 ORDER: . This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following reliet "....to pass order or orders one in the nature of WRIT OF MANDAMUS declaring th.e action of the Respondents Not to entertain Conuersion of Agricultttre Land to non-Agrtculture land ond not to alienate th,e land in respect of land tn 59.No.325, erte Ac.l3.OO gts, SA.No.3Bg, ertent 4c.02.O0 gts, total ertent Ac.1 5.0O gts situated at Talakondapallg Village and Mandal as tLLe matter sub-judiced before th,e ciuil court uide OS No.67 of 2022 on tLte fite of the Honourable Senior Ciuil Jud.ge Ranga Reddg Distict at SLLadnagar and a Ctuil Miscelleaneous AppeoL uid.e CMA No.23 of 2O24 i-s also pending before the XVI Ad.ditional Di,strict Judge, Ranga Reddg Distict bg interfenng into the petitioner aboue said land uithout follotuing due process of latu and declare the action of the respondents as illegal agatnst the law arbitrary agatnst the principals of naturaL justice and in uiolatton of Article 3OO-A of the Constitutton of India...."

2. Considered the submissions of Sri Suresh Shiv Sagar, learned counsel for the petitioner and Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4.

3. It is stated that the petitioner is the owner and possessor of land admeasuring Ac. 13.00 guntas in Sy.No.325 and Ac.2.OO guntas in Sy.No.389, situated at Talakondapally Village and Mandal. It is further stated that when disputes arose in respect of the subject property, the petitioner has instituted a suit in O.S.No.67 of 2022 on the file of the Court of the learned Senior Civil \\ 2 Judge at Shadnagar, along with I.A.No. 162 of 2022 against \ respondent Nos.5 to 7 and the said application was clismissed uide orderdated09.O9.2024 inl.A.No.162 of 2022 inO.S.No.67 of 2O22; and aggrieved b1,- the said same, the petitioner has filed CMA No.23 of 2024 on the hle of the XVI Additional District ,Judge, Ranga Reddy District and the same is pending for adjudication. The grievance of the petitioner is that being aware of the pendency of the said cases, respondent Nos.5 to 7 have submitted an application before the respondent authorities for conversion of the said property from agriculture purpose to non-agriculture purpose under the provisions of the Telangana Agricultural Land (Conversion for Non-agricultural Purposes) Act, 2006, (for short 'Act, 2006'1, wh ich constrained him to submit a representation before the respondent authorities not to entertain [he application submitted by respondent Nos.S to 7 for conversion of the said properfy.

4. Learned counsel for the petitioner submitted that if the respondent authorities convert the subject property from agriculture to non-agriculture purpose, the purpose oJ'institution of the suit by the petitioner would be defeated and therefore, when the suit for declaratlon is pending for adjudication, the respondent authorities are not entitled to entertain the application for conversl0n /

5. Learned Assistant Government pleader for Revenue appearing for respondent Nos. 1 to 4 submitted that since the petitioner has submitted a representation before the respondent authorities not to entertain the application submitted by respondent Nos.S to 7, beiore considering their application for conversion of the subject lands into non-agriculture purpose, the revenue authorities are competent to examine the said representation submitted by the petitioner.

6. In view of the aboVe, this Court is of the opinion that ends of justice would be met, if respondent No.4 is directed to consider the representation submitted by the petitioner before entertaining the application submitted by respondent Nos.S Lo 7 for conversion of the subject lands into non-agriculture purpose, after considering the objections of the petitioner and pass a reasoned order and communicate the same to the petitioner. 7 With the'above observations, this q,rit petition is disposed of No costs. As a sequel, the miscellaneous petitions pending, if any, s SD/-T.TIRUMA DEVI DEPUTY REG STRAR //TRUE COPY// SECTION OFFICER To,

1. The Principal Secretary, Revenue Department, State of Telangana, Hyderabad.

2. The District Collector, Rangareddy District, Kongara Kalan, lbrahimpatnam, T.S.

3. The Revenue Divisional Officer, Kandukur l\Iandal, At. Kandukur, Ranga Reddy District. 1

4. The Tahsildar, Talakondapally Village and Mandal, At. Talakondapally Ranga Reddy District.

5. One CC to SRI SURESH SHIV SAGAR, Advocaie. tOpUCl 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. IOUTJ

7. Two CD Copies. BS LS o HIGH COURT DATED:0710412025 ORDER WP.No.10391 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I ArA'i I r! ) o , a PIL 2 H ?[25 , oeSrrt.Ii; ()

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