High Court · 2025

Judgment

1. lifi i,Eli ...PETITIONERS b v its p ri n cip a r s ec reta ry, Depa rrm ent ":Ll?ili#:i',+?B!:i#ed Telangana.

2. The District Collector, Medchal-Malkajgiri District. 3. The Tahsirdar. Medchar Mandar, Medchar, Medchar-Markajgiri District, 4' The Revenue Divisionar fficer, Keesara Division at Keesara, Medchar. 5' The Deputv rnspector of survey, Keesara Division, Medchar-Markajgiri District, Telanganh.

6. Smt. C.Suvarna, W/o Late..Krishna, Aged about 55 years, Occupation House wire, Ryo H. No. 6-58 G u ndrapochampl iiv,irli gi l iu'"oth}-ruJIIiiii,i' riili,iJt, Telangana. ...RESPONDENTS I l l, L''r Petition under Article 226 of the Constitution of lndia praying that in the circumstancesstatedintheaffiddvitfiledtherewith,theHigh.-Qourtmaybe pleased to issue a writ, order or direction, more particularly one in the nature of a writ of mandamus, declaring the inaction of the resp6ndents more particularly respondentNo.3to5innotconsideringourobjectionletterdated29.o3.2024in responsetothenoticeunderFileNo.A2tlS2t2o24dated,l2.o3,2o24,andfor attemptingtoconductthesurveyundertheinfluenceofanunofficialrespondent (respondent No. 6) during the pendency of civil suit O S' No 326 of 2O24 belore the Hon'ble Principal Junior civil Judge, Medchal-Malkajgiri District at Medchal and without disposing or giving any reply to the objections is illegal' improper' un,iustandarbitraryandcontratolawviolatingprincipalsofnaturaljusticeand offendsArticlel4,2land300.4ofconstitutionoflndiaandConsequently,direct the respondents to refrain from conducting any survey on application of the 6th respondentuntilthedisposalofo.S,No.326ol2024pendingbeforethBHon,ble PrincipalJuniorCivilJudge,Medchal-MalkajgiriDistrictatMedchal,inthe interestofjustice.Furthermore,grantsuchotherordersasthisHonbleCourt deems appropriate and necessary under the circumstances of the case' IA NO :, 1OF 2024 PetitionunderSectionl51CPCprayingthatinthecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to directtherespondentsmoreparticularlyrespondentNo.3to5torefrainfrom conductinganysurvey/demarcationonapplicationofthe6threspondentUntil the disposal of o.S. No, 326 ot 2024 pending before the Hon,ble Principal Junior Civil Judge, Medchal-Malkaigiri District at Medchal' pending disposal of the above main Writ Petition Counsel for the Petitioners: SRI SYED WAHEED ALI Counsel for the Respondent No.1 to 5: AGP FOR REVENUE Counsel for the Respondent No.6: SRI P'SAI SANTOSH WRIT PETITIO N NO: 35162 OF 2024 Between: ;' Smt. C. Survama, W/o Late Krishna, Aged 57 yeap, Housewife, R/o H' No 6- 58, Gundlapochampally Village, Medchal - Malkajgiri District' ...PETITIONER AND

4. The State of Telangana, Rep. by its Principal Secretary' Revenue Department, Secretariat, Hyderabad' The District Collector, Medchal - Malkajgiri District, Medchal' The Revenue Divisional Officer, Keesara Division, Keesara, Medchal - Malkajgiri District. The Tahsildar, Medchal Mandal, Medchal, Medchal - Malkaigiri District' ...RESPONDENTS Petition under Article 226 ol 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, particularly in the nature of Mandamus declaring the action of the respondents in not considering the Application No. 2400585327 made by the Petitioner for conversion of the lands covered by Sy. No. 608/3, 610/E, 611/A, 613/3' 621 ' 622t2,624,62811 admeasuring 0.05 gts' 0.06 gts,0.02 gts,0.03 gts, 1.15 gts.0.20 gts.0'05 gts and 0"12 gts total admeasuring Ac 2. 26 guntas situated Gundlapochampally Village and Mandal, Medchal - Malkajgiri District as illegal and arbitrary and contrary to the provisions of the Telangana Agricultural Land (conversion for Non- Agricultural purposes) Act, 2006 and consequently direct the respondents to consider the said application forthwith by issuing permission for NALA conversion in respect of the said lands. IA NO 10F 2024 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 directtheRespondentstoconsiderApplicationNo.24005S532Tmadebythe Petitioner for conversion of the lands covered by Sy. No. 608/3, 610/E, 611/A, 6131g, 621, 62212, 624,628/1 admeasuring 0.05 gts, 0'06 gts, 0'02 gts' 0'03 gts' a !:f v-;1E=3:- -::4 t+--L-=-U

1.15 gts.0.20 gts.0.05 gts and \12 gts total admeasuring Ac 2 26 guntas situatedGundlapochampallyVillageandMandal,Medchal.Ma*jjgiriDistrict. Counsel for the Petitioner: SRI G'SUNDARESAN Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER 6 E'*t" I i HON'BLE SRI JUSTTCE C.V.BHASKAR REDDY WRIT PETITION Nos. 16815 and 35L62 of 2o24 COMMON ORDER: The issue involved in both the writ petitions is intrinsically interconnected and therefore, they are taken up and heard together and are being disposed of by this common order.

2. W.P.No.16815 of 2024 is fiIed seeking the following relief: "...pleased to issue a writ, order or direction, more particularly one in ttte nature of a writ of mandamus, declaring the inaction of the respondents more particularly respondent Nos.3 to 5 in not considering our objection letter dated 29.O3.2024 in response to the notice under File No.A2/182/2024, d,ated 12.03.2024 and for attempting to conduct the survey under the influence of an unollicial respondent (respondent No'6) during the pendency of civil suit O.S. No.326 of 2024 before the Honble Principa-l Junior Civil Judge, Medchal-Malkajgiri District at Medchal and without disposing or giving any reply to the objections is illegal, improper, unjust and arbitrary ald contra to law violating principals of natural justice and offends Article 14, 2I ar,ld 3O0-A of constitution of India and Consequently, direct the respondents to refrain from conducting any survey on application of respondent No.6 until the disposal of O.S. No. 326 of 2024 pending before the Hon'ble Principa-l Junior Civil Judge, Medchal-Malkajgiri District at Medchal, in the interest of justice. F\rthermore, grant such other orders as this Hon'ble Court deems appropriate and necessary under the circumstances of the case..." )

3. W.P.No.3S162 of 2024 is filed seeking.the foltowing relief: "...to issue a Writ Order or direction, particularly in the natu re of Mandamus declaring the action of the respondcnts in not No. 2 4 o o 5 8 5 3 2 7 m ade o,,n!'J"",',1i.11i r..T;"" lijj:?H: lands covrrred by Sys.No 608/3, 610/8, 611/;,iri1r, Arr, 622/2, 624, 6281 1 admeasuring 0.05 gts.,'O.O6 ,o , U.OZ gts., 0.03 gts., 1.15 gts., o_2o gts., o.os gts., ,rra 6.rz gt"., fota_l admeasuring Acs.2.26 jr.rtas situated Gundlapo<.hampally Village and Manda.l, Medchal_Ma_lkajgiri District_as illegal, arbitrary ard contra-ry to the provisions of the Telangana Agricultural Land (Conversion for won Agricultur:rl purposes) Act, 20O6 ,rrd "o.r""qr"rtly air".t. the respondents to consider the said apptication i.",fr"r,f, by issuing permission for NALA "o.rr.."i', ir, .."p"", of ,fr" said lands irnd pass..." 4 Petitioner in W.p.No.35 762 of 2024 is the respondent No.6 in W.p.No. 16g15 of 2024. For the sake of convenience, W.p.No.3S162 of 2024 is taken up as leading case to decide the lis in these cases.

5. Considercd the sqfpi55ions of the learned counsel for the petitioners and learned Assistant Ciovernment Pleader for Revenue appearing for the respondents. 6 It is stated that the husband of the petitioner is the absolute owner and possessor of the agricultural land to al extent of Acs.2.26 g.untas in Sy.Nos.6Og/3,610/E,611/A, ) ) r) 6t3/3, 62r, 622/2, 624, 628/r, 60813, Orcp]'-6tt1t, 613 13,621, 622/2, 624 and 628/1. It is the case of the petitioner that the name of her husband was mutated in the revenue records and consequently, pattadar passbook and title deed were issued urde pass book No.102320 (patta No.375). It is further stated that after the death of the husband of the petitioner, she was granted succession of the subject property and thereafter, her narne was recorded in the revenue records as pattadar and possessor. It'is further stated that the petitioner has made an application, dated 04.09.2024 seeking for conversion of the subject land from agricultural land into non-agricultural purpose as per the provisions of the Telangana Agricultural Land (Conversion for Non-Agricultural purposes) Act, 2006 (for short, "the Act, 2006") ald she also complied with all the requirements of the said Act, 2006. The grievance of the petitioner is that even after receipt of the said application, the respondent authorities did not consider the same. 7 . Learned counsel for the petitioner has submitted that disputing tde right and title of the petitioner a suit for bare : rnJunction ylde O.S.Nt>)326 of 2024 has been Jiled by the petitioners in W.P.No.168 l5 of 2024. Learned counsel for the petitioner further submitted that, pending adjudication of the said suit, the petitioners in W.p.No. 16g11 of 2024 Irled a writ petition before this Court uide W.p.No.160 l5 of 2024 and the said w,rit petition was dismissed as infructuous. Learned counsel for the petitioner further submitted that mere pendency of the writ petition does not take away the right of the petitioner for seeking conversion of the agricultura-l lands into non-agricultural purpose and the statutory authorities are always conferred with the powers to entertain applications, if such applications comply with all the requirements.

8. Learned counsel for the petitioners in W.p.No.16g15 of 2024 has submitted that at the instance of petitioner in W.P.No.35162 of 2024, the respondent authorities, without considering the petitioners, objections, dated 29.O3.2024, are trying to conduct the survey that too during pendency of the civil suit ) ) q ( ( , I

9. As it is stated by the learned counsel for the petitioner that mere pendency of the writ petition or the suit does not take away the power or authority of the statutory authorit5r to entertain or to exercise the powers as conferred under the statute, this Court is of the view that the ends of justice would be met if the respondent authorities are directed to examine application No. T06100260925, submitted by the petitioner seeking for conversion of the subject land from agricultural to non- agricultural purpose, strictly in accordance with the provisions of the Act, 2006 and the Rules made there under. Further, if the petitioners in W.p.No. 16g11 of 2024 or the third parties or the parties in the suit have frled any objections by duly enclosing the restraining/prohibitory order for entertaining the application submitted by the petitioner, consider the same after hearing them and after issuing notices to all the interested/effected parties pass a reasoned order ald communicate the reasons to the petitioners in both the writ petitions within a period of eight (08) weeks from the date of receipt of a copy of this order. 1

10. With the above observations/directions, both the writ petitions are disposed of. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No costs. //TRUE COPY// SD/.P. PADMANABHA REDDY Rq\gT:9ISJTtR [J$tcnou oFFlcER To,

1. The Principal Secretary, Revenue Department' Secretariat' Hyderabad' State ofTelangana..

2. The District Collector, Medchal - Malkajgiri District' Medchal' 3. The Tahsildar, Medchal Mandal, Medchal' Medchal-Malkajgiri District' Telangana.

4. The Revenue Divisional Malkajgiri District.

5. The DePutY lnsPector District, Telangana. Officer, Keesara Division, Keesara, Medchal of Survey, Keesara Division' Medchal-Malkajgiri

6. One CC to SRI SYED WAHEED ALl, Advocate [OPUC] 7. One CC to SRI G SUNDARESAN, Advocate [OPUC] B. One CC to SRI P SAI SANTOSH, Advocate [OPUC] 9. Two ccs to GP FOR REVENUE, High court for the state of Telangana at Hyderabad [OUT]

10.Two CD CoPies BSR BS YY- ) ) HIGH COURT CVBR, J DATED: 1010312025 COMMON ORDER WP.Nos.16815 and 35162 ot 2024 2 0 t,lri ru[ ,1/ * /)c :-i PA-t C'( * DISPOSING OF BOTH THE WRIT PETITIONS, WITHOUT COSTS r(