High Court · 2025

Judgment

1. The state of relangaryr, Rep.by.its principal secretary, Department of Revenue, Secretan=at guitOingi, FiyOeraOaO. 2- The District colleclor, Mkarabad district At vikarabad 3- The Revenue Divisionalofficer, Tandur Revenue Division, Tandur, Vikarabad district

4. The Tahsildar, Tandur Mandal, Vikarabad district ...RESPONDENTS

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 declaring the action of the respondents in laying I9_{_ on thu midst of the petitioner land admeasuring Ac. 4-20 gts in Sy.No.206l12 and 2ffi113 situated at Gingurthi village, Tandur Mandal, Vikarabad district without paying compensation or without following due process of law is illegal, arbitrary, contrary to law and violation of Principles of natural Justice and violation of Article 300A of the Constitution of lndia and consequenly direct the respondents to stop the laying of road on the petitioner above stated land without paying compensation or without following due process of raw. lA NO: 1 OF 2025 Petition under section 151 cPC praying that in the circumstarrces stated in the affidervit filed in support of the petition, the High court may be pteased. to Direct the respondents to stop the laying of road on the midst of the petitioner land admeasuring Ac' 4-20 gts in sy-No. 206112 and 206/13 situated at Gingurthi village' Tandur Mandal, Vikarabad district without paying compensation or without following due process of law pending disposal of the writ petition. counsel ltor the petitioner: SRr MD. reBAL ALr JAvrD Counsel tbr the Respondents: AGp FOR REVENUE The Courrt made the foilowing: ORDER THE HON'BLE SRI JUSTICE C.V.BHASI{AR REDDY WRIT PEfITION 0.16028 of2O2S ORDER: This writ petition is filed seeking following relief: "For the reasons stated in the accompanying aflidavit, the Petitioner herein prays that this Honble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in laying the road on the midst of the petitioner land admeasuring Ac. 4-20 gts in Sy.No. 206/12 and,206/13 situated at Gingurthi village, Tandur Mandal, Vikarabad district without paying compensation following or without following due process of law is illegal, arbitrary, contrary to law and violation of Principles of natural Justice and violation of Article 3OOA of the Constitution of India and consequently direct the respondents to stop the laying of road on the petitioner above stated land without paying compensation or without following due process of law and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case."

2. It is stated that the petitioner's husband purchased land admeasuring Acs. 4.2O guntas in Survey Nos.206/ 12 and 206 /13, situated at Gingurthi Village, Tandur Mandal, Vikarabad District (for short, 'the subject landJ, having purchased the same through registered Sale Deed uide Document No.794 of 1984 dated 28.05.1984. It is further stated that the petitioner's husband died on 24.05 .2021 and till date, the petitioner is in continuous possession of the subject land. It is further stated that the respondents acquired the subject land for the public purpose for laying road without issuing any notice or without issuing land acquisition proceedings or without paying any compensation. The grievance of the petitioner is that the respondents came to the subject land on 16.05.2025 and L9.O5-2O25 and started laying the road in the midst of the subject land, but with the help of 2 cvBR, J " W.P.No.16028 of 2O25 her ghildrg4, _p9ti_tiqlrg_r..stppped_ tbe_.ac_t .of ,Jayjng the road by the respondents. Hence, the present writ petition.

3. Oonsidereci the submissions of the learned counsel for the petitioner anrl learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent, this writ petition is being disposed at the admission stage. 4- Learned Assistant Government pleader for the Revenue appearing for the respondents vehemently conterrded that the petitioner's husband has purchased the subject land which is a Government land/assigneri lanci contrary to the provisions of the Andhra praciesh Assigned LanCs (Prohibition of Transfers) Act, LTTT (for short, fthe Act 9 of re77).

5. Ars seen from the record, the petitioner's husband has purchased the subject land through registered Sale Deed bearing Document No.Z94 of L984 dated 28.05.1984, the petitioner has not iiled any document showing that her nam(: was mutated in the revenue records as per the provisions of the Telangana. State Rights in Land and Pattadar passbooks Act, 2O2O (for short, the ROR Act, 2O2O) and whether pattadar passbook and tifle deed was issued to the petitioner in respect of the subject land.. 6' In view of the above and since it is stated that tJ:e petitioner,s husband has purchased the subject land which is a Government/assigned J 3 CVBR, J W.P.No.16028 of 2O25 land, the petitioner is not entitled to claim any right over the subject land and more particularly, in the absence of any document showing that the name of the petitioner was mutated in the revenue records as per the provisions of the ROR Act, 2O2O and since the petitioner has only relied upon the registered Sale Deed bearing Document No.794 of 1984 dated

28.05.1984, this Court is of the opinion that ends of justice would be met if the petitioner is permitted to submit a representation to the respondents with regard to her grievance duly enclosing the registered Sale Deed dated

28.05.1984 and if the petitioner satisfies with the requirement that petitioner's husband is the owner of the subject land by virtue of the registered Sale Deed dated 28.05. L984, the respondents are directed to follow the due procedure in accordance with law.

7. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// SD/-P.GOWRI SHANKAR DEPUTY REGISTRAR I SECTION OFFICER To, district

1. The Principal Secretary, Department of State of Telangana, Hyderdbad. 2. The District Co-ilect6r, Vit<ariOiO district 3. The Revenue Divisional officer, Tandur 4. The Tahsildar, Tandur Mandal, Vikarabad district 5. One CC to S{lvtp. tqbatAti Javid, Advocate tOpUCI 6. Two ccs to.Sp for Revenue, High court roitne siat6 of relangana, at 7. Two CD Copies At Revenue Division, Hyderabad TOUTJ rriat Buildings, The Tandur, Mkarabad TJ GJP , ./v I I \ HiGH COURT DATED:13/0G/2A25 ORDER toR THE S o U t, 2 Z /'Pfl N26 <. WP.No.16028 of 2025 ",t- ,: ;.. 'k DISPOSING OF THE WRIT PETITION /a /z 3 *