Ram Kistaiah v. The State of Telangana

1 5. Sri Balaji Associates, Rep. by its Proprietor/Partner,Rl/o Akenapally, Bellampally, Mancherial District.

16. Laxman Stngrr -agore, S/o Not known to petitioner, lvlajor, C'cc Not known, Rl/o Akenaparly Bellampally, Mancherial District.

17. Ghajshyam, {i/r , Not known to petitioner, Major' Occ. Not knowrr, Fl/o Akenapally, Be lampally, Mancherial District. 'l 8. Thakur Gopi (i ;han Singh, S/o Laxman Singh, Aged about fi9 '7ears, Occupatir:n. l.l( t Known, R/o H.No. 28-4-15011, Near HDFC Bank, Caltex Area, Bellarnca I l, District. Mancherial. ,...RESPONDENTS Petition LJnder Article 226 of the Constitution of' lndia pr-af ing that in the circumstances staler in the affidavit filed therewith, the High Court may be pleased to issue ir vrit, order or direction, more particularly onr: i't the nature of WRIT OF MANDA,Iv tls declaring the inaction of Responderrts No.2 to 4 in considering petitione's representation dated 07 -04-2025 seeking resumption of assigned Iands illr:rla i y transferred in violation of the Telangan:r Lssigned Lands (Prohibition of Trans ers) Act, 1977, in respect of the land in Sy.l'1o.3(3 paiki) of Akenapally Villagt:, E r-.llampally Mandal, Mancheriat District b'7 rer',pondent nos.5 to 18, as illegal, e rt itrary, unconstitutional and violative of Artic es '1 4,21, and 300-4 of the Consrit rlion of lndia, contrary to the provisions of the said Act and consequently direct 1-,e respondents to take action against the ille:gal alienations of said assigned lirt-tc:. i.A.NO:1 OF 2025 Petition lJnl:r liection 151 CPC praying that in the circtrnl stil nces stated in the affidavit filed irr ;upport of the petition, the High Court may be pleased to direct the responcle,n s 2 to 4 to take action against the violation of the Telangana Assigned Lands lPn riibition of Transfers) Act, 1977, in resoect of the land in Sy.No.3(3 paiki) cf A tenapally Village, Bellampally [Vlandal, Mancherial District by respondent nos.5 tc 18 by duly considering petitioner's representation dated 07-04-2025 pendir,g the disposal of the writ petition. Counsel for the Petilioner : SRI P.LAKSHMA REDDY Counsel for the Resnondent Nos.1 to 4 : AGP FOR REVENUE Counsel for the Resl rondent Nos.S to 18 : - The Court made the 'ollowing ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.14237 of 2025 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking following relief: ". . . to issue a urit ord.er or direction more particularlg one in the nature of WRIT OF MANDAMUS declaing the inaction of Responclents.No.2 to 4 in consideing petitioners representatton dated 07.04.2025 seeking resumption of assigned lands tllegallg transfetecl in uiolation of the Telanganta Assigned Lands Prohibition of Transfers Act lgZT in respect of the lond in Sg.1Vo.33 paiki of Akenapaltg Viltage Bellampaltg Manclal Mancheial Distict bg respondent ruos.5 to 18 as iltegal .trbitrary unconstitutional and utolatiue of Articles 14 21 qnd 30OA of the Constitution of India contrary to the prouisions of the said Act and consequentlg direct the respondents to toke action against the illegal alienotions of said assigned lands"

2. Considered the submissions of the learned counsel for the parties and perused lhe record.

3. It is stated that the petitioner's father-late Ram Rajam, was assigned Government land admeasuring Ac.2-3O guntas in Sy.No.3/9 (3 paiki) situated at Akenapally Village, Bellampally Mandal, Mancherial District, in terms of G.O.Ms.No.1406, Revenue Department, dated 25.07.1958 and his name was mutated in the revenue records and he was also issued pattadar passbook and title deed. It is further stated that after the death of said Raja Rajam in 2 the ycar 200C. trc petitioner, along with his brothcr, inh rrited the said iand an(l tl :rJ. have been in continuous possessiorL ,)f r.he same. It is also s[al('. that the total rakba in Sy.No.3 is Ac.,](l-!,O guntas and the saml .r irs ciassified as "poramboku,, in the Klrt:srr pahani. During Lht: ',.ca I 1960, after preparation ol sub division r.ecords, land were assig rr:c1 to various landless Door persons, ir:chtcli,e the petitioner'sr liLth :r, under G.O,Ms.No. l4O6 for cultiyati.r or'the said iands. It is s a,.,c1 that contrary to the terms and rr,n<.,it_ions of assignmeni artr t_he provisions of the Telangana AssilSnr:d Lancls (Prohibitiorr ol "L ansfers) Act, l9T7 (for short ,,pOT {r:t,, , several assignees har-.: I J lcgally sold their assigned lands. to r:a tors and privatc inrlir i,lr r,rls. Il is also stated that the asstgr ees and purchasers h ar r., subsequently converted the agriculturitl and into residential plots in violation of assignment patta cor,c.litions. lt is thc casc o;- tl- c lctitioner that hc has subrritted relrr:sr:nttrtions datcd 07.0.1..1Or:) ro the respondent-authorities requestinl,; to take action against t rr:: respondent Nos.S to 18 as contemplatt:d under thc provisi.ri ; ,t POT Act, and resume the lands into f ro'ernment custody brrt tilL Llatc, no action has been taken. I-lenr:e tl-re writ petition.

4. The l.ar-,r:L counsel for the petitioner veherr:enlt. r:c:ntended that the assigncr I Iands granted to the petitioner,s lather arrd other 3 similarly placed individuals under G.O.Ms.No. 1406 were meant exclusively for cultivation and the same are not transferable. In violation of the conditions of the assignment, the assignees have alienated the lands in favour of private individuals and realtors, who in tr,rrn converted the agricultural lands into residential layouts. It is further submrtted that even though the petitioner submitted a representation dated OT.O4.2O2S requesting to initiate action against the respondent Nos.S to 18 and resume the assigned lands alienated to third parties to Government custody, till date, no action has been taken on such representation.

5. As per the policy enunciared in G.O.Ms. i4O6 dated

27.05.1958, the State Government has aliotted various extents of lands for landless poor persons. It is settled law that assigned lands are heritable but not alienable, and they are to remain in possession of the assignee for cultivation. If any conditions stipulaLed in the assignment patta certificate are violated, the State is having power to resume such lands by following due procedure as contemplated in law.

6. In the instant case, since it is stated that the petitioner has submitted a representation dated O7.A4.2O25 to the respondent- authorities requesting to take action against the respondent Nos.S to 18 under the provisions of POT Act, and to resume the assigned .-- 4 lands to (io!r(tr - rncnt custody for conversion an,l tr:rnsler of the same to varic u l ae rsons, lhis Court deems rt approp-.iirte t.o direct the respon<lt:n t No.4 to examine the repre.sen Lzt t.ic,n dated

07.04.202i:,r. rrred by rhe petitioner and take appr,i)rirle action strictly in acc:r 'dance with 1aw after issuing notic c t,r all the interested arLcl rfTccted partics, within a period of thrce (!i) months from the d:rtc o reccipt of copy of this order and file a rr:port on the outcome oi r:rLq rir-1, before the respondent No.2. lf the re spondent No.4 fails to it rli:rtc any action, the respondenl No 2 shall take suitable aotiorL. : s pcrmissible in law.

7. With rh, r r lrove direction, this Writ petition is drspc sed of. No order as to cosit r As er se cu rl, Lhe miscellaneous petitions pen,ling. ri r -n5r, shall stand closcd //TRUE COPY/I i SD/.P PONNA KRISHNA AFqST.ANT REGISTRAR \ secrroru oFFtcER tariat, State of To 1 The Principa S ecretary, Revenue Departrirent, Se Telangana a: I yderabad, Telangana.

2. The District Oc;iector, [\4ancherial District, Telangana' i. Th" R"u"n,r() l)ivisional Officer, Bellampally Division, Ir,4ancherial District, Telangana.

4. The T;hsilclar, I3ellampally Mandal, Mancherial District, Telanl;ana' 5.TwoCCstoG']FORREVENUE,HighCourtfortheStateofTelanganaat Hyderabad C.JTI O. One CC to SR P.LAKSHMA REDDY' Advocate [OPLJC] 7. Two CD CoP,ie , SA BSa\o u^ .'.. , ,|l STA IC: .r. < l, ; z 1 ilAY 2025 z o ) + \.r \ a) \: S,.ATC*e9 * HIGH COURT DATED:02105t2025 ORDER WP.No.14237 of 2025 DISPOSING C)F THE W.P WITHOUT CC STS. ?\