✦ High Court of India · 07 Apr 2025

Dr. Kotapati Koteswara Rao v. The State of Telangana

Case Details High Court of India · 07 Apr 2025
Court
High Court of India
Decided
07 Apr 2025
Bench
Not available
Length
1,095 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 to issue an appropriate writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS declare the action of the respondents in including the petitioner land an extent of Ac. '1-00 guntas in Sy.No. 45(P) admeasuring Ac. 1-00 Gts (Out-of Ac.6-20 gts) situated at Pendyal village and Gram Panchayath, Maheshwarm Mandal, Ranga Reddy district in the Prohibitory properties shown in the Dharani portal is illegal, arbitrary, and contrary to the Provisions of Telangana State Rights in Land and Pattadar pass book Act 2020(Act I ot 2O2O) and rules made therein and in violation of the Principles of Natural Justice and same is liable to be set aside and consequently direct the respondents to delete the petitione/s land an extent of Ac. 1-00 guntas in Sy.No. 45(P) admeasuring Ac. 1-00 Gts (Out / of Ac.6-20 gts) situated at pendyar viflage and Gram panchayath, Maheshwarm Mandal, Ranga Reddy district shown as prohibitory property in the Dharani po,tar. lA NO: 1 OF 2O2s Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High cburt may be preased preased to direct the respondents 2 to 4 to derete the petitioner rand an extent of Ac. 1-00 guntas in sy.No. a5(p) admeasuring Ac. i-00 Gts (out of Ac.6-20 gts) sitaued at Pendyal village and Gram panchayath, Maheshwarm Mandal, Ranga Reddy district in the Prohibitory property shown in Transaction status Dharani portar record pending disposal of the Writ petition. Counsel for the Petitioner :SRl. AKELLA DtVyA KAMESWARI Counsel for the Respondents: Gp FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.1O42O of 2025 ORDER: . This Writ P.etition is filed praying this Court to declare the ! action of the respondents in including the petitioner land to an extent of Ac. 1.00 gts., in Sy.No.as(P), situated at Pendyal Village, Maheshwaram Mandal, Ranga Reddy District, in the prohibitory properties shown in the Dharani portal, as iliegal, arbitrary and violative of the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O ald consequently, prayed for other appropriate reliefs.

2. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is being disposed of at the admission stage.

3. It is stated that the petitioner is the owner and possessor of the agricultural land admeasuring Ac. 1.00 gts., (out of Ac.6.20 gts.), situated at Pendyal Village, Maheshwaram Mandal, Ranga Reddy District, having purchased the same through a registered sale deed bearing document No.347 of 2012, dated 02.O2.2012. It is further stated that the name of the petitioner has been recorded in the revenue records and the revenue authorities also issued pattadar passbook in his favour in respect of the subject property. & 2 - CVBR, J wp_10420 2025 It is further stated that the petitioner is also receiving various incentives sanctioned by the government as investment subsidies. It is further stated that the responderils, without taking into consideration ol the said documents, have mentioned the subject property as prohibited propert5r in Dharani Portal and having noticed the same, the petitioner has made an online application bearing No.2400OO3209, dated 06.03.2024 seeking for deletion of the subject property as prohibited property in Dharani Portal. The grievance of the petitioner is that even after receiving the said application, the respondent authorities did not consider the same. Hence, the present writ petition.

4. Sri L.Ravinder, learned Assistant Government Pleader for Revenue has not disputed the fact that the petitioner purchasing the subject property through a registered sale deed and issuance of pattadar passbook in his favour.

5. It is settled law that once the nature of the land is shown as patta land and pattadar passbook has been issued in favour of the petitioner, the respondent authorities are not having any power or authority to notify the subject property as prohibited property either in Dharani Portal or in the list of prohibited properties - CVBR. J Wp 10420 2025 maintained under the provisions of the Registration Act, 19O8 (for short, 'the Act, 1908J.

6. In the said circumstances, this Court.deems it appropriate to dispose of this writ petition directing the respondent authorities to examine the application bearing No.24O0OO3209, dated

06.03.2024, submitted by the petitioner, duly taking into consideration of the documents enclosed by him and if the said application complies with all the requirements of sub-section 4 of Section 22A of the Registration Act, 19O8 and if the samc is not the government property, consider the same and delete the subject property as prohibited property in Dharani Portal. In the event if the petitioner is otherwise not eligible for the same, the respondent authorities shall pass a reasoned order and communicate the same to the petitioner, within a period of eight (08) weeks from the date of receipt of a copy of this order.

7. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// \ SD/.T. TIRUMALA DEVI DEPUTY REGISTRAR SECTTON OFFTCER To, 1 The Principal Secretary Revenue Departme HYderabad ,The State ot I elangana

2. The District Collector, Ranga Reddy District District nt, s retariat Buildings , Kongarakalan, Ranga ReddY

3. Revenue Divisional Officer' Reddy District . Chevella Revenue Division Chevella' Ranga ---7

4.TheTahsildar/JointSub-Registrar,MaheswaramMandal'RangaReddy district

5. One CC to SRl. AKELLA DIVYA KAMESWARI Adyocate IOPUC] 6.TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelangana.

7. Two CD CoPies \ DD BS \1-- HIGH COURT DATED:0710412025 \ d I rtt E- STAI C ( )i3 23 riAY 2u5 )" 'a t ! Ds-:r,. - -.''! ORDER WP.No.10420 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \o .o@ )+ 5tr5Es

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