High Court · 2025

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 Writ, Order or Direction(s) essentially in the nature of Writ of l\ilandamus, declaring the inaction of the respondent No.3 in disposing a stay application filed along with statutory appeal, vide File No. 12025, dated 27.01 .2025 as illegat and arbitrary resulting in violation of Article 14,21 and 300-A of the Constitution of lndia and consequently direct the respondent No.3 to dispose of the appeal filed u/ s 4(A) of the Telangana State Assigned Lands (Prohibition of Transfer) Act, 1977 or lnterlocutory Application filed along with appeal vide File No. dated 27.01 .2025 lA NO: 'f OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cou( may be pleased to grant interim stay of all further proceedings pursuant to the order passed by the respondent No.4 vide proceedings No.A156112024, dated 15.0'l .2025 Counsel for the Petitioner: SRl. KARNAM RAMESH Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER f THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.1O573 of 2o25 ORDER: This writ petition is filed declaring the inaction of respondent No.3 in disposing of the stay application filed along u,ith the statutory appeal preferred against the order passed by respondent No.4 uide proceedings No.A/561/2024, dated 15.01.2025, as illegal, arbitrary ancl violative of principles of naturerl jrrstice and for other appropriate relic ls.

2. It is stated that the petitioner was assigned tlie agricultural land to an extcnt of Acs.S.OO guntas in Sy.No.249 s;tuated at Bhoothpur Village, Makthal Mandal, Narayanpet District ujde proceedings bearing No.Dl25/2OOO, dated 05.Og.2OOO. It is further stated that alleging violation of the conditiorrs ol the said assignment patta, an enquiry has been initiated undt,r Section 4 of the Telangana State Assigned Lands (prohibition of Transfers) Act, 1977 (for short "thc POT AcL, 1977,'l and respondcnt No.4- Tahsildhar has passed order uide proceedings No.A/SOII2O24, dated 15.O1.2025 directing the Mandal Revcnue Inspector, Makthal, to take over posscssion of the subject land under cover of panchanama and report compliance. It is further sta tecl that aggrieved by the said order, the petitioner herein has prel'errcd an 2 CVBR, J Wp_10573 2O2S appeal under Section 4(A) of the por Act, r9T7 on the file of respondent No.3-Revenue Divisional Ofhcer on 2Z.Ol.2O2S. The grievance of the petitioner herein is that though she hled an interlocutory application, along with the appeal, seeking interim suspension of the order, dated t5.Ol.2O2S passed by respondent No.4, even after lapse of 90 days, neither respondent No.3 has numbered the appeal nor granted interim relief as sought for. Therefore, the petitioner was constrained to hle the present Writ Petition. 3. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government pleader for Revenue appearing for the respondents and with their consent this writ petition is disposed of at the admission stage. 4. On careful cxamination of the record would reveal that assignment patta was grantcd in favour of the petitioner and as the petitioncr has violated [he conditions of thc said assignment patta, action has been initiatcd against the petitioner and respondent No.4-Tahsildhar has passed an order uide proceedings No 'A / 561 / 2024, dated rs.o r .2o2s directing rhe Mandar Revenue Inspector, Makthal, to take over possession of the subject land. 5. In view of the above and since it is stated that the petitioner has filed an appeal against the order passed by the Tahsildar on the ground that the petitioner had violated the conditions of the C\'tsR, J Wp_10573 _2025 assignment patta, it is the obligation on the part of the statr ttory authority to dispose ol the appeal. Atleast pending disposal of the appeal, the statutory authority ought to have taken up and clccide the Interlocutory Apptication, which was filed for in terim suspension of the order passed by respondent No.5. Therefore, this Court is of the opinion that the ends of justice r.r,ould be mct, if respondent No.3-Revenue Divisional Ofticer is directed to dispose of the appeal itself within a periorl o[ three (3) months from the date of receipt of a copy of this order. Further, pending disposal of the appeal, the respondent authorities are directed not to take any coercive action against the subject property in tcrrns ol the order passed by respondent No.4 -'l'ahsilda r ukle proceedings No.A/561 /2024, daLed I5.O i.2025. 6. With the above observations, this Writ petition is clisposcd of. There shall be no order as to costs

7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed_. -.-- //TRUE COPY// SD/. T. TIRUMALA DEVI qEPUTY REGISTRAR t_- i sect ION OFFICER \ To,

1. The Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad, Telangana State.

2. The District Collector, Narayanpet District. 3. The Revenue Divisional Officer, Narayanpet Division Narayanpet District 4. The Tahsildar, Makthal Mandal, Narayanpel District. 5. One CC to SRl. KARNAM RAMESH Advocate IOPUCI 6. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana. tOUI

7. Two CD Copies r-.-._.j--.*-:€a!W.ilEuf KKS 6 GJP O E{f-#, :'e--- -q- #-T.lli3G. - --.B:#i::fl. tr;.-lEIE HIGH COURT DATED:0910412025 \. L -/ 2g APN 2[25 r) \ * AC TAP ORDER WP.No.10573 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS '.cA gc"c'