Parvaz Addi Debara v. 1. The State of Telangana

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 pass an order or direction or writ in the nature of Mandamus duly declaring the action of the respondent in not considering the representations of the petitioner the latest one dated 16.06.2025 to release and hand over the land to an extent of Ac. 0.20. Guntas in Sy No. 49, Pakabanda Village, Khammam Urban Mandal, Khammam District which was wrongly fenced along the declared surplus land of Ac. 1 .14 Guntas (out of total Ac. 1 .34 Gunas land), as illegal, arbitrary and against the principles of naturaljustice and consequently direct the respondents to conduct enquiry and release the permitted patta land of Ac. 0.20. Guntas in Sy No. 49, Pakabanda Village, Khammam Urban Mandal, Khammam District to the petitioner. lA NO: 1OF 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 respondents to consider the representation dated 16.06.2025 release the permitted patta land of Ac. 0.20. Guntas in Sy No. 49, Pakabanda Village, Khammam Urbern Mandal, Khammam District to the petitioner in the interest of justice. Counsel for the Petitioner: SRI P. RAMA SHARANA SHARMA Counsel for the Respondents: ASST. GP FOR REVENUE The Court made,the following: ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL trIRIT PETITION No.24339 of 2O25 ORDER: This Writ Petition, under Article 226 of the Constitution of lndia, is filed seeking the following relief: "....to pass an order or direction or wit in the nafitre of Mandamus dulg declaing the action of the respondent in not considering the representations of the petitioner the latest one dated 16.06.2025 to release arud hand ouer the land to an extent of Ac.0.2O Guntas in Sy.No.49, Pakabanda Village, Khammam Urban Manda| Khammam District which was uronglg fenced along the declared surplus land of Ac.1.14 Guntas out of total 4c.1.34 Gunas land as illegal, arbitrary and against the pinciples of natural justice and consequentlg direct the respondents to conduct enquiry and release th.e permitted patta land of Ac.O.2O Guntas in Sg.No.49, Pakabanda Village,, Khammam Urban Mandal Khammam Distict to tLrc petitioner in tLrc interest of justice....o

2. Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for Revenue, appearing for the respondents and perused the record.

3. Learned counsel appearing for the petitioner would submit that the uncle of the petitioner namely Sri Rasheed Harmoji Dabara had land to an extent of Ac.1.34 guntas in PageZ of 6 Sy.No.49, situated at Pakabanda Village, Khammam Urban, Khammarn District. After the demise of Sri Rasheed Harmoji Dabara, l:he petitioner being his nephew had become his legal heir. inherited his properties. During the urban Ceiling proceedings Sri Rasheed Harmoji Dabara has filed a declaraticrn uide Special Case No.A/3584/Kmrrr/75 1n respect o[ his land to an extent of Acs.1.34 guntas and the Special Ctfficer of ULC has found surplus of Ac.l.2O guntas and accordingly, the sarne has been taken by the Government under ULC in the aforesaid case.

4. Aftr:r surrendering the said land, the Mandal Surveyor has fenc:ed the ent.ire extent of Ac.1.34 guntas instead of Ac.1.2O guntas, which was declared as surplus, thereby the permitted extent of Ac.0.2O guntas also remained in the taken over land. The petitioner is the resident of Secunde'rabad and used to visit Khammarn very rarely, he could not realise that the land to an extent of Ac.O.2O guntas has bee:n merged vvith the declared surplus land by virtue of wrong fencing by the concerned officers. The demarcation i/ Page 3 of6 and fencing had happened somewhere in the year 20L4 or so as whenever the petitioner visited previously the land of Acs.O.2O guntas was available. The petitioner realised the same in the year 2Ol5 and from then he is roaming around the Collectorate Office and other Revenue Offices but no specific action has been rendered so far.

5. In the year 2012, Sri Abdul Ahad, one of the neighbours of the petitioner's land tried to encroach the subject property illegally. To that effect, the petitioner filed a Civil Suit for injunction uide O.S.No.62l of 2OI2 before the learned Principal Junior Civil Judge at Khammam. The Court was pleased to pass a judgment granting perpetual injunction uide order dated L7.O2.2O14, where the said defendants chooses not to contest and remained ex parte.

6. On the several representations made by the petitioner, respondent No.2 directed respondent No.3 to conduct an enquiry afresh and do needful on the representation uide Lr.Rc.No.DCO/ E3/ EPRT/0O93 /2022, dated 03.1O.2023. Page 4 of6 Despite the said direction, noting has been done so far. Earlier, rr:spondent No.2 also wrote a letter to the Assistant Director f]urvey and Land Records, Khammarn directing him to condur:t enquiry and submit report. The said officer has conducecl survey and submitted that the land to an extent of Ac.0.20 gpntas in Sy.No.49 belongs to the petitioner and it is a patta ltrnd, however, the official copy of the said report has not been issued to the petitioner till date. The petitioner also filed latest representation dated L6.O6.2O25. Despite receipt of the s€rne, no action has been taken. As the petitioner is an old a,{ed person and suffering with old aged ailments and cannot 'cravel to Khammam frequently, has filed this writ petition.

7. Learned Assistant Government Pleader for Revenue on instructions would submit that the land to an extent of Acs.1.3.1 guntas in Sy.No.49, situated at Pakabanda Village, Khammam Urban, Khammam District is ceiling surplus land and thr: sarne was fenced by the Revenue and Municipal Authorities to protect the same from illegal encroachments : :i Page 5 of6 as such the subject property is valuable government land and situate in the middle of the Khammam city. The respondent-authorities are busy with Munneru River floods due to heavy rains in erstwhile Khammam and warangal Districts and also busy with implementation of the different Government Schemes. The respondent-authorities will consid.er the case of the petitioner and pass appropriate orders strictly in accordance with law.

8. In the light of the aforesaid facts and circumstances of the case, upon perusing the material available on record and without making any observation on the merits and demits of the case, this writ petition is disposed of directing the respondent-authorities to consider the representation made by the petitioner dated 16.06.2025 and pass appropriate ord.ers, strictly in accordance with law, by putting the petitioner and all interested parties on notice and affording them €rn opportunity. They shall pass a reasoned order, communicate copy of the said order to the petitioner and complete the said exercise within a period of eight (08) weeks Page 6 of6 from the Cate of receipt of copy of this order. There shall be no orders as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. SD/. A. SREENIVASA REDDY ANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Hyderabad.

1. The Principal Secretary (Revenue), The State of Telangana, Secretariat,

2. The Dis;trict Collector, Khammam District, Khammam. 3. The Revenue Divisional Officer, Khammam Division, Khammam. 4. The Tahsildar, Khammam Urban, Khammam District. 5. One C(l to SRI P. RAMA SHARANA SHARMA, Advocate [OPUC] 6. Two C(ls to GP FOR REVENUE, High Court for the State of Telangana. IOUTI

7. Two CD Copies BN w HIGH COURT DATED i10t1012025 o D l.' DEl-il WP.No.24:139 of 2025 '! i .".'(' rl;.. ., t $ tiB $1$ + Lj:-- z]} I DISPOSING OF THE WRIT PETITION WITHOUT COSTS \o Yxa* s1L) \