✦ High Court of India · 24 Jul 2025

Ekka Beeraiah (Beerappa) v. 1. The State of Telangana

Case Details High Court of India · 24 Jul 2025
Court
High Court of India
Decided
24 Jul 2025
Bench
Not available
Length
1,118 words

Petition Under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction, more particularly one in the nature of Writ of ttlandamus to the Respondents No. 1 to 5 to resume the land on petitioner name and make correction in revenue records in respect of land under Sy.no 62/'19 to the extent of Ac.3.1O.Gts situated at Madhapur Village, Kandukur nw'i- ,/ Mandal, Ranga Reddy district and incorporate petitioner name in the Revenue records, Pahanis and in bhu bharathi portal by issuing new pattadar passbook in the interest of .lustice and procedure contemplated under record of The Telangana Rights in Land and Pattadar passbook and The Telangana Assigned Lands (Prohibition Of Transfers) Act, 1977, U/S 3(5) and 4(b) (i) and The Tetangana Assigned Lands( P roh ibition of Transfers) (Amendment) Act, 2008, As such, consequentially direct the respondents No.1 to 5. to pass the mutation proceedings tn accordance with the procedure. l.A.NO:1 OF 2025 Petition Under Section 15'l CPC praying that in the circumstances stated in the affidavil filed in suppo( of the petition, the High Court may be pleased to direct the Respondent No.2 to dispose the Representation Dt.1 1/1Z|ZO23, pending disposal of the above writ petition. Counsel for the Petitioner : SRI KAMBALAPALLI SRAVAN KUMAR REDDY Counsel for the Respondent Nos.1 to S : SRI H.SOMAIAH EZRA SHASTRI, AGp FOR ASSIGNMENT Counsel for the Respondent Nos.6 & 7 : : The Court made the following ORDER THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.21467 of 2o25 ORDER: Heard Sri K.Sraval Kumar Reddy, learned counsel for the petitioner and Sri H. Somaiah Ezra Shastri, lerned Assistant Government Pleader for Assignment, for respondent Nos. 1 to 4.

2. The petitioner is claiming that he has purchased land admeasuring Ac.3-10 guntas 1n Sy.No.62/ 19 situated at Madhapur Village, Kandukur Mandal, Ranga Redd-v District, on the strength of a registered sale deed bearing document No.2338/1987, dated 26.11.1987 executed by respondent Nos.6 and 7. Their names were also mentioned in possessory column in pahanies. According to the petitioner, the subject land is assigned land. Vide G.O.Ms.No.77, Law (F) Department, dated 06.05.2008, the Government made amendment to the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Amendment Act, 2008. The Government brought amendment to Section 4 of the Telangana Assigned Lands (Prohibition of Transfers) Act,

1977. The said amendment is as follows: 1 E1 "(b) [(i) reassign the said resurned land, other than those lands /areas as may be notilted by the Government from time to time in public interest and for public purpose, to the transferec who purchased the land in good faith and for valuable consideration on or before [3l"t December, 2Ol7l [Clause (b) of sub-section (1) of section 4 substituted by Act No.21 of 2O08], subject to the condition that he/she is landless poor person, and is in occupation of the land by using thc saicl lor agriculture or as house site, as on the date of taking possession by cviction: Provided that the reassignment in case of transferee shall be Iimited to only such an extent that the total holding of the reassignec including any other land held by him/her does not excecd 5.00 Acres dry land or 2 Acres rvct land. Providcd further that where the transferee who has purchascd thc land and got reassignment of it, or his lcgal heir, translers the rcassigncd land, the land shall be resumcd lor assignmcnt to the other eligible landless poor." Therefore, the petitioner has submitted a representation dated 1 1.12.2023 to the 2nd respondent with a request to correct the entries in the revenue record and to mutate his narne and issue new pattadar passbook. Despite receiving and ackno',\rledging the same, the 2na respondent did not consider the same. Aggrieved by said inaction, the petitioner has filed the present writ petition.

3. Learned Assistant Government Pleader for Assignment, on instructions, wouid submit that the 2.d respondent will consider and dispose of the representation dated 1 I.12.2023 submitted by the petitioner strictly in accordance with the law J by putting the petitioner and respondent Nos.6 and 7 on notice and affording them an opportunity. In the light of the same, notice to respondent Nos.6 and 7 is dispensed with.

4. Accordingly, the Writ Petition is disposed of directing the 2"a respondent to consider the representation dated 11.12.2023 submitted by the petitioner and pass orders in accordance with law by putting the petitioner and respondent Nos.6 and 7 and all interested parties on notice and affording them with an opportunity. If 2.d respondent is not inclined to accept the request made by the petitioner, he shall pass an order specifying the reasons. However, he shalt complete the said exercise within three months from the date of receipt of a copy of this order. Miscellaneous petitions pending, if any, shall stand closed. SD/-P. CH. NAGABHUSHAMBA EPUTY REGISTRAR //TRUE COPY// SECTION OFFICER

1. The Principal Secretary, Revenue Assignment Depa ment, Secretariat, State of Telangana at Hyderabad.

2. The District Collector, Ranga Reddy District at Kongarakalan. 3. The Revenue Divisional Officer, lbrahimpatnam Division, At Kandukur, Ranga Reddy District.

4. The Tahsitdar, Maheshwaram Mandal at Maheshwaram Mandal, Ranga Reddy District. 5- The Sub-Registrar, Maheshwaram Mandal at Maheshwaram Mandal, Ranga

6. Two CCs to GP FOR ASSIGNMENT, High Court for the State of Telangana at Reddy District. Hyderabad [OUT]

7. One CC to SRI KAMBALAPALLI SRAVAN KUMAR REDDY, Advocate IoPUCI

8. Two CD Copies .-.qw,r---:':;xxx'r TB:.''{" -e sr!ry .t.".-::T{xa;-i!1- .r:r{ -" , ::ryI!E.: -4rc1 To SA BS 1r,- Si47.e o6( o^ .)\ 2I JUL 20fi J o t ,, ', ./ HIGH COURT DATED:2410712025 ORDER WP.No.21467 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. // /t 7 .1

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