KOTHAPET PRABHAKAR v. The State of Telangana

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 by declaring the impugned proceedings passed by the 4th respondent vide case No.B/187112022 dated 21-03-2023 as illegal, arbitrary, void abinitio, without jurisdiction and violative of Art. 14, 300-4 of Constitution of lndia besides principles of natural justice and set-aside the same, consequentially direct the respondents 2 to 4 herein to consider the application of the petitioner dated 4-4-2023 for regularization of Plot Nos.450 and 451 in Sy. No.119-, each admeasuring 60 sq. yards., situated at Meerpetvillage, Balapur Mandal, R.R. Dist., under G.o.Ms.No.s9, dated 30-12-2014 issued by the 1st respondent. lA NO: 1 OF 2023 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 tfre atn respondent not to dispossess the petitioner from Plot Nos.450 and 451 in Sy. No.119, each admeasuring 60 sq. yards., situated at Meerpetvillage, Balapur Mandal, R.R. Dist., by suspending the impugned proceedings dated 21- 3:2023 passed by the 4th respondent in Case No.B/1871t2022; pending disposal of the Writ petition. lA NO: 2 OF 2023 BETWEEN Motam Lakshmi Pavan Kumar, S/o Motam papaiah president of Beda P.q9rw /1ry.a, sthanika Sankshema sangham Aged about 34 years, R/o It.No .9-l4,Bfa.gFLala Nagar Lenin Nagar, Near water Tank Meierpet, Balapur Mandal, R.R. Dist., ........Petitioner/Sth respondent in W.p AND

1. KOTHAPET PRABHAKAR, S/o Late Kothapeta Ramulu, Aqed about 49 fgars, occ:^ Business R/o H.No.9-5-203, Harijana gasthi Suftan At*a, Champapet, Saroomagar, R.R. District.

1. rhe State or reranga.n?, Bep by its prr. secre;ffi::::",lgJl,Petitioner Department Secretariat, Hyderabad

2. The District collector, Ranga Reddy District At Kongara Katan 3. The Revenue Divisional Officer, Kandukur Division at Kandukur Ranga Reddy District

4. The Tahsildar, Balapur MandalAt Balapur, R.R. District .Respondents Petition under Section 15't CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim direction dated 27-4-2023 passed in W:P.no.12121 of 2023 pending disposal of W.P. Counsel for the Petitioner:SRl. D. ANIKETH REDDY counselfor the Respondents No 1To 4: sRl L. RAVINDER AGp FoR REVENUE REPRESENTING GP FOR ASSIGNMENT Counsel for the Respondent No 5: M/S G. ALLABAKASH The Court made the following: ORDER fIN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No. L2L21 of 2O23 Dated: ot.12.20.25 Between: Kothapet Prabhakar ... Petitioner And The State of Telangana, Represented by its Principal Secretary and four others ... Respondents ORDER This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:- u... to issue an appropriate Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS by declaring the impugned proceedings passed by the 4th respondent vide case No.B/L87I/2022 dated 2l-O3-2O23 as illegal, arbitrar5r, void abinitio, without jurisdiction and violative of Art. 14, 300-A of Constitution of India besides principles of natural justice and set-aside the same; consequentially direct the respondents 2 to 4 herein to consider the application of the petitioner dated 4-4-2023 for regtlaization of Plot Nos.450 & 451 in Sy.No.119, each admeasuring 60 sq. yards., situated at Meerpet village, Balapur Mandal, R.R. Dist., under G.O.Ms.No.59, dated 3O-L2-2OL4 issued by the l"t respondent; and to pass such other order or orders ..."

2. Heard Mr.D.Aniketh Reddy, learned counsel for the petitioner, Mr.L.Ravinder, learned Assistant Government Pleader for Revenue representing learned Government Pleader for Assignment appearing for respondent Nos.1 to 4 and 2 ) Mr.Allabakash, learned counsel for respondent No.5

3. The brief facts of the case are that the petitioner belongs to ,Madiga-31 (sc) by community; that originally the house No.451 admeasuring 60 sq. yrds was allotted to one Chaduvula @ Sadula Yadagiri in Sy.No.l 19 of Meerpet Village vide D-Form Patta Certificate vide File No.B6/978184 dated 06.06.1984 and house No.45O admeasuring 60 sq. yrds in Sy.No.119 of Meet Village was allotted to Smt.Parvathi Kanthamma vide D-Form Patta vide File No.B6l978/84 dated 06.06. L9B4 by the Tahsildar, Hayathnagar Taluq; that since, then the said assignees were in the possession and enjoyment of the said plots; that the Govei'nment has made house plots in the Government land.s bearing Sy.Nos.1 19 & 131 situated at Meerpet Village of Saroorangar Mandal, R.R. District for proposed Bhagranagar KaIa Nagar folk Artists Housing Colony for allotment of house plots to various ccmmunity people for housing purpose; that on demise of chaduvula @ Sadula Yadagiri his son viz., Sadula Ashok has sold the plot bearing No.451 in Sy.No.119 situated at Bharyanagr Kalanagar, Meerpet village, Balapur Mandal, R.R. Dist., which was originally allotted : I 3 to his father vide agreement of sale dated O2.O3.2O2L for valid sale consideration; that on demise of Smt.Parvathi Kanthamma, her son sold plot No.45O admeasuring 60 sq. yards in Sy.No.119 situated at Bharyanagal Kalanagar, Meerpet Village, Balapur Mandal, R.R. Dist., vide agreement of sale dated 03.03.2021 and that the possession was also delivered to the petitioner; that since then, the petitioner was in the possession and enjoyment of the above said house plots bearing Nos.4SO & 451; that the said documents are duly validated by the District Registrar vide File No. IL237 / Court/2O22-A, dated 29-OT -2022 -

4. It is stated that respondent No.S claiming to be the President of Beda Buduga Jangam Sthanika Sankshema Sangham and others, started interfering with the peaceful possession and enjoyment of the petitioner over the above said plots; that the petitioner filed suit against respondent No.S and others vide O.S.No.1 148 of 2O2l on the file of the learned Special Judicial First Class Magistrate Excise-cum-V Additional Junior Civil Judge-cum-V Additional Metropolitan Magistrate, at R.R. Dist., L.B. Nagar seeking Permanent Injunction restraining them from interfering with my possession and enjoyment over Plot Nos.45O & 45 1 in Sy.No. 1 19 at Bhagranagar Kala Nagar, - 4 Meerpet village, R.R. District; that an ex-parte decree was passed vide Judgment and Decree dated 22-09-2022, subsequently the same was set-aside and the suit is pending adjudication 5'. It is stated that respondent No.S filed a cornplaint 'dated 02-11-2022 before respondent No.3 alleging that the petitioner has encroached the Government land and sought for cancellation of Plot Nos.4s0 & 451 in Sy.No.119; that same was referred to respondent No.4 by respondent No.3; that respondent No.4 vide Lr.No.B/7Lg /2021 dated LO.O8.2O2| has informed that the land in Sy.No.119 of Meerpet Village was classified as Gairan and listed in prohibited properties under Section 22-A of Stamps and Registration Act.

6. Learned counsel for the petitioner submits that respondent No.4 vide proceedings dated 21.03.2023 in Case No.B/t871/2O22 held that the government has issued house site pattas to land less poor people in Sy.No.119 of Meerpet Village for their livelihood, the DPEP School and constructed the community hall for Beda Budaga Jangam Community People and gave the open plot No.45O admeasuring 60 yrds and Plot No.451 admeasuring 60 yrds in ' Sy.No.119 to the said communit5r. Further held that the Government Agriculture ') 5 land/House site patta cannot be alienated as per the Assignment Rule 3 of the A.P. Assignment Lands (POT) Act, 1977 {for short, "the Act").Stating thus, the pleas of petitioner and others in impugned proceedings was rejected.

7. He further contends that the judgment and decree dated

22.09.2022 in O.S.No.1148 of 2021 was also enclosed by the petitioner herein but no observation is made in the said proceedings to that effect with regard to the decree; that agreement of sale vide document No.ll237 of 2022 was in favour of the petitioner was submitted as material paper before the authority and no averment was made in the impugned proceedings with regard to the validity of the said agreement of sale. Therefore, he states that respondent No.4, without assigning proper reasons passed the impugned order and seeks to set aside the same.

8. Learned Assistant Government Pleader for Revenue contends that respondent No.4 has passed the impugned proceedings in accordance with Section 3(4) of the Act. Therefore, seeks to dismiss the Writ Petition.

9. * fearned coUpsel for unofficial respond.ent No.S, by filing vacate stay petition submits that if at all the petitioner is 6 /a' aggrieved by the impugned ord.er, he is at liberty to file an Appeal before the appropriate forum; that without exhausting the said remedy, the petitioner rushed to this Court at a premature stage' Therefore, he seeks to disn:i.ss the Writ Petition'

10. Having regard to the submissions of all the learned counsel and on perusal of the material available on record, this Court is of the opinion that nowhere in the impugned proceedings it is mentioned that the assignment made in favour of the original assignee or re-assignment of land through sale to the petitioner herein is cancelled by any instrument of law and no where there is any mention with regard to the procedure contemplated under the Rules made in the said Act. Relying on the decision passed by the Honble supreme court in Dasari Narayana Rao and another Vs. Deputy Collector and Mandal Revenue Officer and anotherl, this court is of the opinion that there is perversit5r in the impugned order. 1 1. Accord.ingly, the Writ Petition is allowed. It is made clear, this order shall not preclude the official respondents to take necessary action, in accordance with law. No costs. Miscellaneous petitions pending, if any, shall stand closed 7 SD'.K. BHAVANI swAMY REGISTRAR ,,TRUE COPY/I N OFFICER ,o,,,. The prr. secretary Revenue (Assn.r) Department , state of relangana, Secretariat, HYderaoao District

2. The District collector, Ranga Reddy District At Kongara Kalan 3.TheRevenueDivisionalofficer,KandukurDivisionatKandukurRangaReddy 4. The Tahsildar, Barapur Mandar At Barapur, R.R. District 5. One CC to SRI' D ANIKETH REDDY' Advocate [OPUC] 6.TwoCCstoGPFof,.ASS|GNMENT,HighCourtfortheStateofTelangana ai HYOeraoad ' [OUTI

7. One CC to M/S G' ALLABAKASH' Advocate [OPUC] 8 Two CD CoPies Ny DAN BS (20ro) 4 ALr 655. r. HIGH COURT DATED i0111212025 ORDER WP.No.12121 of 2023 l tiil S 17; -. :'. o O 2 3 BEC 20ffi * i:S:r--..: l-i-: ..tf.'1 *: ALLOWING THE WRIT PETITION WITHOUT COSTS -' J