High Court · 2025

in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent Nos.2 to 4 to consider the representalion d1.14.03.2O22 submitted by the petitioner in accordance with law, pending disposal of the writ petition. Counsel for the Petitioner: SRI MADEPALLT NAVEEN KUMAR Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.31832 of 2O22 ORDER: This writ petition is filed seeking the following relief: "to issue an order, direction or urit, more particularlg one in the nafitre of Wit of Mandamus declaing the inaction of respondent Nos.2 to 4 in rejecting to sanction the Nala Conuersion to an extent of Ac.0-21 Wntas situated in Surueg No.SO/ 1 of Dudyal Shiua4 Bodhan, Nizamabad Distnct is illegal, arbitrary, unjust and in uiolation of Article 21 and 3O0-A of the Constitution of India and also uiolatiue of the prouisions of the Telangana Agianltural Land (Conuersion for Non- Ag icttlfitral Purposes) Act, 2006..."

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondent Nos.l to 4. I

3. Learned counsel for the petitioner submits that the petitioner's father is the bonafide purchaser of the subject land uide reglstered sa-le deed No. l2O4 of 2022 on the file of Sub- Registrar at Bodhan on 22.03.2022. Since then, the petitioner is in possession of the property. It is further submitted that the land pertaining to the petitioner to an extent of Ac.0-36 guntas has been acquired by the Government for the purpose of grave yard and the petitioner received the compensation in the year I I 2 - 2OO2. The pel.itioner has made necessar5r ropresentation to respondent Nos.2 to 4 to obtain remaining Ac.O-21 guntas in Survey No.5O/ 1 pertaining to the petitioner herein, but the same was rejected utde proceedings No. Bl87OA/2013, dated Ol.l2.2ol4 stating that it is not possible to acquire the above said land, aggrieved by the szune, the petitioner preferred W.P.No. l27l7 of 2O15 on the hle of this Court stating that the subject land is being encroached by Schedule Caste community persons, where the said land has been acquired and was given to said persons for the purpose of grave yard and constructed a compound wall iuound the grave yard meant for t-hem in an extent of Ac.O-ll6 guntas and the very pulpose of filing W.P.No.l28l7 of :2015 has become infructuous and the petitioner sought to withdnaw the petition. The said writ petition is accordingly dismissed. It is further submitted that in order to prevent further r:ncroachments in the said ext-ent of Ac.O-21 guntas situated in Survey No.SO/ 1 of Dudyal Shivar, Bodhan, Nizamabad District, the petitioner started laying stones to construct a barbed wire fencing, but the Town Planning Officer of the Municipal Administration Department removed those stones stating that petiti.ner has started construction without a layout 3 plan. Accordingly, the writ petitioner is constrained to file another writ petition W.P.No. 14907 of 2O2I before this Court and the said writ petition got dismissed uide a detailed order. It is lurther submitted that on the directions of this Court in W.P.No. 14907 of 2021, the petitioner applied for Na-la conversion for his own land to an extent of Ac.0-2 1 guntas situated in Survey NO.50/ 1 of Dudyal Shivar, Bodhan, Nizamabad District, in accordance with the Telangana Agricultural Land (Conversion for Non-agricultural Purposes) Act, 2006 (for short "the Act, 2006") to respondent No.2. With regard to the same, the petitioner paid an amount of Rs.2,500/- by way of cha-llan in Meeseva uide challal No.NWP220OOOO729 on 10.OI.2022. Accordingly, the copy of the challan has been handed over to respondent No.4. But after few weeks, the petitioner got a message from the concerned department that the commercia-l value of the land has increased and instructed the petitioner to pay an additiona-l amount of Rs.99,187/- and accordingiy the petitioner remitted the said amount on 15.02.2022 and produced the challan receipt before respondent No.4. In accordance with the payment made to respondent No.4, the petitioner approached respondent No.4 on 1O.O3.2O22 and the petitioner has been informed that his application, for which relir:f he sought, is 4 rejected.

4. It is further submitted that upon approac:hing respondent No.2 on 74.03.2022, the petitioner has been informed that W.P.No.l49O7 of 2O2l was pending in this Court and hence Nala conversion cann,)t be granted to the petitioner l..erein. Further, the petitioner a61ain approached respondent No.2 on the same day and submitted a copy of the orders of this Court passed rn W.P.No.l4gO7 ol' 2021 , which was dismissed cn 2O.L2.2O21. Despite the said ,rrders have been submitted to rr:spondent No.2, no action has lter:n initiated with regard to said Nala Conversion till date. In c,rder to apprehend the encrr>achments, the petitioner filed an application for demarcation of land in the month of Decem'ber, 2O2O before the then Reve:nue Divisional Oflicer (for short "RDO"), Bodhan and paid requisite fee for the sarne. In pursuance of the same, the Deputy Inspector of Land Survey has con<lucted survey on 07.06.2021. Since, the grievance of the petitioner has not been addresseri by the official respondents, the petitioner filed this writ petition seeking the relief as stated suf)ra and prayed to allow this writ petition.

5. Learned Assistant Government Pleader for Revenue placed on record a copy of instructions issued by the Commissioner, Municipal Council, Bodhan uide Lr.No.Gll12Ol2022, dated

03.O3.2022, addressed to the Tahsildar respondent No.4, Bodhan, Nizamabad, stating that the subject land has been covered under a slaughter house of Municipality, Bodhan, situated at Dudyal Tarfa, Narsi Road, Bodhan. It is further submitted that the said slaughter house has been in use for the past five (O5) decades and the land is at present vacant, proposed for construction of a modern slaughter house. It is further submitted that the land was inaugurated by the then MLA, Bodhan, in the year 2021 for the said purpose. It is further contended that, in order to grab the said propert5r pertaining to the slaughter house, the petitioner is making unsu.ccessful efforts. It is further submitted that the a letter has been addressed by the Municipal Commissioner to respondent No.4 to protect the land in question and that the subject land is under dispute with the Municipal Council, Bodhan. Since the petitioner has filed representation before Municipality, Bodhan, 1n respect of the subject land and also approached respondent Nos.2 and 4 with a request for conversion of agricultural land into NaIa, t[e same I \ 6 was rejected, and no infirmity can be found in the rejection order passed by respondent No.2. Accordingly, it is prayed to dismiss the writ petition.

6. This Court, without making any observations on the merits and demerits of the case, after hearing the learned counsel for the petitioner arld the learned Assistant Governrnent Pleader for Revenue and up,rn perusal of the material on re,cord, is inclined to grant liberty to the petitioner to approach the concerned authorities b1' filing a detailed representation along \ rith necessary documents to establish his bonafides and to prove his legal ownership c,ver the propert5z by producing documents such as revenue recorcls, pahani, 1-B Register, etc., within a period of four (O4) weeks fi:om the date of receipt of a copy of this order. Upon such frling, the official respondents shall consider the same and pass appropriate orders strictly in accordan<:e with law, as expeditiously as possible.

7. With the above observations, this writ petition is disposed of. No order as to costs 7 As a sequel thereto, miscellaneous applications, if any pending in this petition, shall stand closed. SD/.P. PONNA KRISH A ISTANT RE //TRUE COPY// ECTION OFFICER To, '1 , The Principal Secretary, Revenue Department Secretariat Buildings, Hyderabad, State of Telangana.

2. The District Collector. Nizamabad, Nizamabad District. 3. The Revenue Divisional Officer, Bodhan, Nizamabad District. 4. The Tahsildar. Bodhan Mandal. Nizamabad District. 5. One CC to SRI MADEPALLI NAVEEN KUMAR, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at BSR Hyderabad [OUT]

7. Two CD Copies v i HIGH COURT DATED:2310'312025 t!;{ |.J \\') 1 ltt\ T6 )j ORDER WP.No.31832'. of 2022 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS @ Solro f at