High Court · 2025

The State of Telangana, Rep. by its Department, Secretariat, Hyderabad The Chief Commissioner of Land Ad inistration, Nampally Station Road, Opp. Annapurna Hotel, Abids, Hyder The District Collector, Medak District The Revenue Divisional Officer, Na The Tahsildar, Narsapur Mandal, Me ak District B. Indira, W/o. late Srinivas Reddy, RYo K ya a o n a e H a h noo a M a n s a harla H yma h ed about 50 years, Occ. Household, al, Medak District. e n ata R mana Reddy, Aged about 54 years, pur Revenue Division, Medak District bad - 500001 Occ. Agriculture, R"/o. Nagulapally Vill ge, Narsapur Mandal, Medak District k ...RESPONDENTS Petition under Article 226 of the C nstitution of lndia praying that in the therewith, the High Court may be more particularly one in the nature of action of official respondents in not Sy.No.1 15 admeasuring Ac.2.16 gts Mandal, Medak District as per the petitioners and unofficial respondents, circumstances stated in the affidavit fil pleased to issue a writ, order or direction WRIT OF MANDAMUS to declare the adludicating the dispute over the land i situated at lbrahimbad Village, Narsapu provisions of POT Act, 1977 between the as illegal, arbitrary, null and void and viola ion of provisions of POT Act, 1977 and consequently to direct the 5th respondent against the above land by deleting the to restore the names of the petitioners ames of the unofficial respondents in terms of POT Act, 1977. ,7 IA 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 5th respondent to consider the representations, dated 23.06.2021 and 21.0f 2024 of lhe petitioners in respect of the petitioners land in Sy. No.1 15 admeasuring 4c.2.16 gts situated at lbrahimbad Village, Narsapur [Vlandal, Medak District in terms of the Special Tribunal Order in Case No.ST/F3 48212021, dated 08.O2.2021, pending finalization of the Writ Petition. Counsel for the Petitioner: SRI JALLI KANAKAIAH, SENIOR COUNSEL FOR SRI NARENDAR JALLI Counsel for the Respondent Nos.l TO 5: GP FOR REVENUE Counsel for the Respondent Nos.6 & 7: - The Court made the following: ORDER - HON'BLE SRI JUSTICE C.V.B KAR REDDY WRIT PETITION No.169 5 ot2o25 ORDER: The Writ Petition is filed s king the following relief: '...pleased to issue a wrir, order or direction re of WRIT OF more particularly one in the n MANDAMUS to declare the action o official respondents in not adjudicating the dispute over the land in Sy. No. 1 15 admeasuring Ac.2.),6 gts situated at aI, Medak District Ibrahimbad Viiiage, Narsapur Man as per the provisions o[ POT Act, 1977 between the petitioners and unofficial resp dents, as illegal, arbitrary, null and void and viola on of provisions of POT Act, 1977 and consequentl to direct the Srh respondent to restore the names of the petitioners against the above land by deletin the names of the unofficial respondents in terms of Act, 1977, ar,d pass..."

2. Considered the submissio s of the learned counsel for the respective parti s and with their consent, this writ petition is bein disposed of at the admission stage.

3. It is stated that the petitione was an assignee of agricultural land in Sy. No. 1 15, a easuring Ac. 2.16 gts., situated at Ibrahimbad Villag , Narsapur Mandal, Medak District. It is further stat d that, taking into account the long possession of e petitioner, the ) :t*X*lil&j;l&a \ assignment was granted in favour of the petitioner as per the policy enunciated in G'O' Ms' No 1406' dated 25.OT.lg,8. It is further stated that aJter the assignment was granted, the name of the petitioner was also mutated in the revenue records, and the petitioner received various incentives for the cultivation of the subject land. Despite the same, without his knowledge, the respondents transferred the property stalding in his name in favour of third parties by mutating the names of the third parties in the revenue records. Aggrieved bv tl-re mutation of the names of the third parties, the validation of the sada bainama, and the issuance of a certihcate under Section 13(B) of the ROR Act, 1971, based on the sada bainama, the petitioner was constrained to file an appeal before the Revenue Divisional Officer under Section 5(B) of the ROR Act, 197 l. Pending adjudication of the said appeal, the ROR Act, 197 I was repealed and replaced by the Act 9 of 2020, and as per Section 16 of the Act, all pending cases belore the appellate authority a-rrd the revisional authority stood transferred to the 3 Tribunal constituted under the pro sions of the new n the fiIe of the Act. Thus, the aPPeal Pending Revenue Divisional Officer was Special Tribunal constituted under ansferred to the the ROR Act 9 of 2O2O and' renumbered as Case No' dated 08.O2.2021' The SPeci considering the entire material validation of the sada bainama und sT lF3l482l2O2r, Tribunal, after on record and r the provisions of the ROR Act, 1971, dismissed however, liberty is given to the Tah ildar to conduct an f the Telangana enqulry under the Provisions the said appeal, Assigned Lands (Prohibition of ansfers) Act 9 of 1977, vide its order dated O8'02'2O 1

4. Sri Jalli Kanakaiah, learn d Senior Counsel that even after the appearing for the petitioner submit specific directions issued bY the pecial Tribunal for to alienations over conducting an enquiry with regar the assigned lands, the resPonde t Tahsildar has not initiated anY action, therebY, the assignees who are not recervrng anY entitled to cultivate the lands incentives being sanctioned by the Government. ,ril-i*,i,.,fu X

5. Thc' learned Assistant Government Pleader for Revenue appearing for respondent Nos' 1 to 5 has not disputed the fact that the petitioner filed an appeal seeking the validation of the sada bainama alieged to have been executed by the assignees.

6. As per the conditions laid down in G.O No.i4O6, d.aLed. 25.07.1958, the assigned land is onlv heritable and not transferable. Contrary to the conditions laid down in the Assignment Policy of the Government, it is stated that, based on the sada bainamas, the assigned lands were alienated by issuing proceedings under Section 5(a) of the ROR Act, 1971. The Special Tribunal, duly taking into cousideration the said facts, directed the Tahsildar to conduct an enquirl' ttnder the provisions of Act 9 ol 1977, either for the resumption of the iand or for the redelivery of the lalrds to the assignees if they ar-e entitled. Questioning the inaction of the Tahsildar in not conducting the enquiry, the Present writ petition is filed. i& j,-/ _. , i,' ,i:.r r :. i, --:7 7 The ends of justice would b met if the Tahsildar 1S directed to initiate actron pur uant to the orders passed by the Special Trib a,l in Case No ST / F3 / 482 / 2021, dated, 08.O2.2 1 . If the nature of the lands are assigned lands, the ahsildar is directed to issue notice to the persons in erested/affected by the initiation of such proceedings, ass an appropriate reasoned order, and communica the same to the parties concerned within a period from the date of receipt of a. copy of his order. f twelve (12) weeks

8. With the above direction, disposed of. No Costs. e wrrt petition is Consequently, miscellaneous plications, if any, pending shall stand dismissed. D/. P. GOWRI SHANKAR DEPUTY REGISTRAR //TRUE CO Yil \ The Principal Secretary, Revenue Depa of Telangana. The Chief Commissioner of Land Admin Opp. Annapurna Hotel, Abids, Hyderaba The District Collector, Medak District. The Revenue Divisional Officer, Narsap The Tahsildar, Narsapur Mandal, Medak One CC to SRI NARENDAR JALLI, Ad Two CCs to GP FOR REVENUE, High Hyderabad. [OUT] Two CD Copies To 1 2 3 4 5 6 7 o PSK. BM SECTION OFFICER t ecretariat, Hyderabad, State e kation, Nampally Station Road, - 500001 r Revenue Division, Medak District District. te IOPUC] urt for the State of Telangana, at HIGH COURT DATED:1910612025 ORDER WP.No.16955 of 2025 E!l Ar ,G. R(-'\ ( 11 rlJB 2025 (. I. : I i ,k .,,) ) ,) t, {i .'.r'r,r,TCir\-,- DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ d LD