✦ High Court of India · 22 Apr 2025

High Court · 2025

Case Details High Court of India · 22 Apr 2025
Court
High Court of India
Decided
22 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 a Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in re-classifying the land of the Petitioner in Sy.No. 1 183/5 Jillella Village, Thangapalli Mandal, Ranjannna Sircilla District. from Lavani Patta to Government Land without conducting any enquiry, without issuing notice to the Petitioner and its inclusion into Prohibited List of properties as illegal, arbitrary and violative of Articles 7 19(1)(g), 21 and 3C)C-A of the Constitution of lndia and conse(lu(::nfly restore the Lavani Patta in re rspr::t of the aforesaid land to the petitioner. lA NO: 1 OF 202ti Petition under Section 151 CPC praying that in the circurnsr.ances stated in the affidavit filed n sr- pport of the petition, the High Corjrt may be ;rleased pleased suspend the che ngr:,; made to petitioners land related entries n the Revenue Records and, direcf ihe Respondents not to interfere with pe,titicner,s peaceful possession and cultivation of the land in sy.No. 1183/5 Jillella Village, Thangapalli Mandal, Ranjannna Siircilla District, pending the disposat of \A,rit petition, in the interest of justice. Counsel for the [,etitioner: SRI CHINTAPANTI ADITHYA Counsel for the tlespondents: SRt L.RAVINDER, AGp FOR REVEiNUE The Court made ':he following: ORDER i o t HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.11693 of 2o25 ORDER The present writ petition is Iiled praying this Court to declare the action of the respondents in reclassifying the land in Sy.No.1183/5, situated at Jillella Village, Thangapalli Mandal, Rajanna Siricilia District from Laoni Patta to Government Land without conducting any enquiry and without issuing any notice to the petitioner and its inclusion in the list of prohibited properties as illegal, arbitrary and violalive ol Articles 19 (1) (g), 21 and 30O-A of the Constitution of India and consequently, prayed for other appropriate reliefs.

2. It is stated that the petitioner had purchased the land admeasuring Acs.2.OO guntas in Sy.No.1183/5, situated at Jillella Village, Thangapalli Mandal, Rajanna-Sircilla District, through Sadabainama, dated 05.O4.2OO4 from Smt. Patendla Buchamma and the said sadabainama was validated under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, l97l and his name was mutated in the revenue records uide proceedings No.B/ I6a7 /17, dated 20.O4.2018. The grievance of the petitioner is that the subject land was re- categorized as Government Land in Dharani Portal and land 2 CVBR, J l/p 1t693 2025 was liste I i-r the Iist of prohibited propertiesr, without conductin : ir rv enquiry and without issuing an5' noti<.r:.

3. Consrc,'l'ed the submissions made by the learned counsel for the paliie s and with their consent, this writ petiti )n is being disposccl , lr the admission stage.

4. Sri l,.l.lavinder, learned Assistant Governrnent Plt ader for Revenue a pp,r;rring for the respondents, has submil.tr)d that the petition€'r l.ra 1 purchased the assigned land and thr re bre, the same wi rs ntcntroned in Dharani Portal :1s Laoni Patta/ Gov : r-r rrrent Land.

5. As r.;r'e n lrom the record, the land purcheLs:d by the petitioner is t1c land assigned in favour of the verndcr of the petitione r- a s rcr the policy laid down by the Go'.,e r-n :nent in G.O.Ms.Nc . 1 ()6, dated 25.07.7958. Having corne to kr ow that the pelit or:- had purchased the assigned l:,rr d, the respondcn ts have mentioned the said l:rnd as Laoni Patta/Gov )r-rrne nt land in Dharani Portal.

6. Pima 1rcie, the contents of the affidavit woulci :er eal that the petiti:t'r, r had purchased the assigned la 'rd under sadabairra ni. ar-rd the said assigned lands are pro -ril ited for alienationT tr rrsfer except if the assignees have heredrtary rights. Tl rr: pctitioner himself states in the alfidavit I hat the i l 1 l I w. 3 CVBR, J Wp 11693 2025 subject land is an assigned land stating and he is entitled to consider his case as bonafide purchaser under the provisions of the Act, 1977. This Court, without expressit'rg any opinion on the right and entitlement of the petitioner for allotment of the said iand, deems it appropriate to dispose of this writ petition permitting the petitioner to make an appropriate application and if he is eligible for assignment of the land as bonalide purchaser and fulhls all the conditions of the assignment, the respondent authorities sha1l consider his case. In any event, if the petitioner does not satisfy any of the requirements, the respondent authorities are at liberty to initiate proceedings under the provisions of the Act, 7977 arrd resume the subject land to the Government custody by following the procedure in accordance with law.

7. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

8. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPYII Sd/- A. SREENIVASA REDDY ASSISTANT REGISTRAR \/ SECTldi{ OFFICER To,

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

2. The Diskict Collector, Rajanna Sircilla District, New lntegrated District Offices Complex, Rajanna Sircilla,Telangana - 505301

3. The Mandal Revenue Officer, Thangapalli Mandal, Ra.ianna Sircilla District. I i. .ry,.-*-x?srrtir*T:xrrw1-;xr it&,,"..@ :.::::_!.la

4. The Tahsiklar 'lhangapalli Mandal, Rajanna Sircilla District. 5. The Village R,:lvenue Officer, Jillelia, Thangapalli t\4andal, F aj:rrnna Sircilla, Telangana 6 One CC to SFll CHINTAPANTI ADTTHYA Advocate [OpUC 7. Two CCs k, G: FOR REVENUE, High Court for the State cf Telangana. l

8. Two CD Cc pies BGS HIGH COUTTT CVBR, J DATED: 2210412025 ORDER r! I t

9.- *l a)l O ,..., .$ $* (.) N. WP.No.{16.t13 of 2025 ')^ '\ \/ H'\\' -:::r=;, { DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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