The High Court · 2025

stitution of lndia praying that in the therewith, the High Court may be or direction, more in the nature of pondent No.4 in not considering the letter vide Lr. No. D1i444l2025 dated 05.03. illegal, arbitrary, and contrary to Article 14, lndia and consequently to direct the respon 025 issued by the 3'respondent as 21 and 300-4 of the Constitution of ent No.4 to consider the letter vide Lr. No. D1144412025 dated 05.03.2025 issu by the 3rd respondent and remove the names of the persons who are no way c respect of the lands i.e. Ac.02.00 guntas in Suryapet Mandal, Suryapet Disrtict and en Pattadar Passbooks and Title Deeds to the ncerned from the revenue records in y. No.441, situated Balemla Village, r the petitioners' names and issue petitioners for an extent of Ac.04.00 guntas in Sy. No.441, situated Balemla Village, Suryapet Mandal, Suryapet Disrtict in the interest of justice. lA NO: 1 OF 2025 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 the respondent No.4 to consider the letter vide Lr. No. D1144412025 dated 05-03.2025 issued by the 3rd respondent and remove the names of the persons who are no way concerned from the revenue records in respect of the lands i.e. Ac.02.00 gUntas in Sy. No.441, situated Balemla Village, Suryapet fVlandal, Suryapet Disrtict and enter the petitioners' names and issue Pattadar Passbooki and Title Deeds to the petitioners for an extent of Ac.04.00 guntas in Sy. No.441, situated Balemla Village, Suryapet Mandal, Suryapet Disrtict, pending disposal of the main writ petition. Counsel for the Petitioner : SRI SANNIDHIRAJA MALLESWARA RAO Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTIC C.V.BHASKAR REDDY U/RIT PETITION No. 159O8 of 2O25 ORDER: This writ petition has bee liled seeking to declare tl-re action of respondent No.4 in not nsidering the letter issued by respondent No.3 vide Lr.No.D 1/4 /2025 daLed 05.03.2025 as illcgal and arbitrary and for other propriate reliefs. It is stated that the peti oner's father rvas granted assignment patta by the Govc ment in rcspcct of land admeasuring Ac.O4.00 guntas in Survey No.441, situated at Balemla village, Suryapet Mandal d Distlict, ar-rd he died on

25.12.1955 ieaving behind the pe oners as his surviving legal heirs. it is further stated that the amcs of the pe tilioners have been mutated in the revenue rec rds and they are eking out their livelihood by cultivating the said land. It is also stated that despite the same, when the ad accnt land owner was trying to lorcefully occupy the subject 1an belonging to the petitioners and threatening them not to ente into their land, they were constrained to submit reoresentati ns on the file of the District Legal Services Authority, Suryap t and the said Authority directed respondent No.3 to t necessary action and file report. The grievance of the petiti ner is that pursuant to the 2 same, even though respondent No.3 directed respondent No.4 to consider the matter and hle a report vide Lr.No.Dl/444.2025 dated 05.O3.2025, so far respondent No.4 has not considered the case of the petitioners, much less initiated any steps for eviction of the encroachers from the subject land. Considered the submissions of the learned cottnsel for the parties and perused the record. It is evrdent that initially the petitioner's faLher rvas granted assignmcnt patta in respect of the subject land in te rms of the poiicy enunciated by the Government vide G.O.Ms.Nc. 1406, datecl 25.O7.1958 and after his death, the petitioners, being the legal heirs, are cultivating the said land. It is scttled law that once lands are assigned in favour of landless poor persons, they are eligible to cr.rltivate the said lands, as long as thc;r do not violate the-terms and conditicns of assignmenl paltas. I[ is nol the case of the petitioners Lhat thc Govcrnment has initiatcd arry ection against them alleging any violation of terms and conCitions of assignment nor the Governrnent is rnaking efforts to take forceful possession of the subjecl land. The specihc grievance of the petitioners is that third parties are intcrfering with his patta rights over the subjcct land. Therefore, the petitioners are entitled to approach ) I 3 the competcnt Civil Court and eek appropriate relief. The present writ petition, as filed, by th petitioners is misconceived In view of thc above, this urt without expressing any opinion on the merits of the ma er, deems it appropriate to dispose of the writ petition by legating the petitioners to approach the competent civil court seeking appropriate relief, in accordance with lalv. The w-rit is accordir-rgly dispo d of. Pending miscellaneous app ations, if any, shall stand closed. Thcre shall be no order as //TRUE C PYII hT Pn nc pa S ecre a ry Depa rtm n 5 a rfa ad cta e of Te ansana H ydela b The District Collector, Suryapet Disrtict d o Revenue, Sd/. M. OSMAN ALI BAIG ISTANT REGISTRAR SECTION OFFICER cretariat Buildings, I The Revenue Divisional Officer, Surya et Revenue Division The Tahsildar, Burgampahad Mandal. uryapet Disrtict. One CC to SRI SANNIDHIRAJA MALL Two CCs to GP FOR REVENUE, High touTl SWARA RAO, Advocate. [OPUC] ourt for the State of Telangana I To, 1 2 3 4 5 6 7 Two CD Copies. BSK PVL HIGH COURT DATED:1910612025 I ltri- S r4 t[ L '\{ o ,J o 1g ruB z6 CI * DES F,,^,T rj\-t ORDER WP.No.15908 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS o a{ n,