Smt. Goundla Jyothi v. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that ln the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction or a writ more particularly one in the nature of Writ of mandamus declaring the endorsement dated. 2711112024 bearing No. E51365412024, daled.27l11l2O24 is highly illegal, contrary to law and the Principles of assignment of land to landles poor persons and set aside the same consequently direct the Respondents to allot land in Sy. No. 1959 out of existing available Ac. 0.32 gts in lieu of Sy. No.4 situated at Nandigama Village and Mandal, Ranga Reddy District 'F lA NO: 1 OF 2025 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the endorsement dated 27.11.2024 in proceedings No. E5/3654/2024. Counsel for the Petitioner: SRl. SUBRAHMANYAM KURELLA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER w HON'BLE SRI JUSTICE C.V. BHASKAR REDDY VIRIT PETITION No.12173 of2025 ORDER: It is stated that the petitioner is the iahdless poor lady and eking out her livelihood by doing coolie work on daily wages. It is further stated that the petitioner made an application to the Hon'ble Chief Minister lor ailotment of house site and the said representation was forwarded to the District Collector for taking appropriate action. It is further stated that the petitioner vvas allotted house site in Sy.No.4 of Nandigama Village and she was permitted to construct a house and thereafter, she had constructed a house with a hope that the said constructions would be regularized in terms of the policy enunciated by the Government from time to time. It is further stated that when the respondent authorities did not consider the representation, dated 30.),2.2014 made by the petitioner seeking for regularization, she was constrained to hle W.P.No.6678 of 2Ol7 before this Court and by an order, dated 12.12.2O23, this Court disposed of the said writ petition directing the District Collector to consider the petitioner's representation, dated Ol.O2.2Ol7 within a period of two (O2) months from the date of receipt of a copy of the said order. It is further stated that in compliance 2 CVBR. J wp 12173 2025 with the directions issued by this Court in W.P.No.6678 of 2017, the District Collector, uide impugned endorsement No.ES13654 12024, dated 27.1,1.2024, rejected the claim of the petitioner. Hence, lhis writ petition.

2. Considered the submissions of the learned counsel for the petitioner and Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.l to 6 an<1 with their consent, this writ petition is being disposed of at the admission stage.

3. A careful examination of the impugned order would show that respondent No.2, duly taking into consideration of the orders passed by this Court in W.P.No.6678 of 2017, had exeimined the claim of the petitioner and it is reported in the impugned order that the petitioner has never been in possession of the land in Sy.No.1959 of Nandigama Village sought for regularization and there is no structure at any point of time and the subject land is vacant land. It is also stated that, as per G.O.Ms.No.59, Revenue (Assn.I) Department, dated 30.12.2014, the Government has decided to alienate and regularize possession of unobjectionable Government land and surplus iand under Urban Land Ceiling in respect of the possessions w J CVBR, J wp 12173 2025 held by people, on payment basis for possessions held by both residential and non-residential purposes. It is further stated in the impugned order that, as per the terms and conditions and the guidelines issued in the said G.O., the regularization would only to be the land under encroachment by way of stmcture or lunct ional building units.

4. From the impugned order, it appears that the Tahsildar, Nandigama had made enquiry and reported that the l-rouse alleged to be constructed in Sy.No.4 is unauthorized construction and the said land situated beside the railway track belongs to the Indian Railways and the land in Sy.No.1959 of Nandigama village to an extent of Ac. 1.3O guntas is Government land and classihed as "Gairan Sarkari", out of which an extent of Ac.O.22 guntas each was allotted for construction of MRO and MPDO ofhces; an extent of Ac.O.O3 guntas is covered by overhead water tank; Ac.0.11 guntas is covered by burial ground and Ac.0.12 guntas is ttnder encroachment of seven different individuals, who filed W.P.No.27931 of 2Ol7 questioning the action initiated by the then Tahsildar under the provisions of the Land Encroachment Act, 1905 and the same is pending for I { 4 CVBR, J Wp 12t73 2025 consideration before this Court Therefore, there is no leftover iand available in Sy.No.1959 ol Nandigama village

5. In the said circumstanccs, there is no illegality or legal infirmity in the impugned order warranting interference of this Court in exercising its jurisdiction under Article 226 of the Constitution of India. Hence, this writ petition is devoid of merits and the same is liable to be dismissed. 6 Accordingly, this Writ petition is dismissed. There shall be no order as to costs 7 As a sequel, the miscellaneous petitions pending, if any, shall stand closed \ To, //TRUE COPY// SD/-P. PONNA KRISHNA S TANT REGISTRAR SECTION OFFICER / =<- 1 The Principal Secretary, Revenue Department, S Hyderabad 500022. tariat Building,

2. The District collector, Fl/o. District, Kongarkalan, Ranga Reddy District 501

3. The Joint collector, R.R District Kongarkalan, Ranga Reddy District 501 510' 4. The Revenue Divisional Officer, Boyapally, t\'4ahabubnagar' Mahabubnagar District 509 001 .

5. The Revenue Divisional officer, Farooq Nagar, Lingareddy Guda, shadnagar, Ranga ReddY District 509 216'

6. TheTahsildar, Nandigama Mandal' R'R District 509350 7. One CC to SRl. SUBRAHIMANYAM KURELLA Advocate [OPUC] 8'TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelangana. Two CD CoPies I KKS GJ e HIGH COURT DATED:2310412025 lHE S 14 ( f) O t o- 10 JUL 2025 z ,-),: ,;DATC,K1 ll{- ORDER WP.No.12173 of 2025 DISMISSING THE WRIT PETITION WITHOUT GOSTS