The High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to grant an order, direction or writ, more so in the nature of Writ of Mandamus, declaring the Memo bearing Rc.No.D4A0434110912022 dated 29.08.2022 issued by the Respondent No. 2, rejecting the request of the Petitioner for allotment of alternate land to an extent of Ac. 03-00 Gts. in Sy. No. 99 of Kannala Village, Bellainpally Mandal, Mancherial District, Telangana, as illegal, arbitrary, highhanded, unconstitutional, biased, apart from being contrary to the Report bearing Rc.No.B/7206/2010 dated 26.03.2011 of the Respondent No. 4, violative of the principles of natural justice as well as the rights guaranteed to the Petitioner under Article 14, 21 and 300-4 of the Constitution of lndia, with a consequent prayer to set aside Memo bearing Rc.No.D4A0434lSO9l2O2Z dated 29.08.2022 issued by the Respondent No. 2 and direct the Respondent No. 2 to allot alternate land to an extent of Ac. 03- 00 Gts. in Sy. No. 99 of Kannala Village, Bellampally Mandal, Mancherial District, Telangana . lA NO: 1 OF 2025 Petition under Section 151 CPc praying ttlat in the circumstances stated in the affida'rit fired in support of the petition, the High court may be preased to direct the Rerspondent No.4 to furnish Report bearing Rc. No. 8/7206/2010 dated 26.03.2O1 1 tc the petitioner COUNSEI f.r ThE PEtitiONEr: MS. ZAIANAB KHAN RE'P SRI. S. NAGESH REDDY Counsel for the Respondents: SRI L. RAVINOER, AGp FOR REVENUE FOR SRI K. MURALIDHAR REDDi GP FOR REVENUE The Court m:rde the fottowing: ORDER THT HON'BLE SRI JUSTICE E.V.VENUGOPAL No. WRIT ORDER: The petitioner has filed the present writ petition under Article 226 of the Constitution of India, seeking a Writ of Mandamus to declare the Memo Rc.No.D4 AO434 / 5Og /2022 dated 29.08-2022, issued by Respondent No.2, as illegal, arbitrary and violative of constitutional rights. The memo rejected the petitioner's request for allotment of alternate land measuring Ac.O3-OO Gts., in Sy'No'99 of Kannala Village' Bellampally Mandal, Mancherial District, Telangana. The petitioner contends that the rejection contradicts the report Rc.No'B/7206l2OlO dated 26.03.2011 by respondent No.4, breaches principles of natural justice and infringes Articles 14, 2L, and.3oo-A of the constitution' A consequential direction is sought to set aside the impugned memo and to allot the requested land.

2. Heard Mrs.Zainab Khan, learned counsel representing learned counsel for the petitioner Sri S.Nagesh Reddy and sri L.Ravinder, learned Assistant Government Pleader appearing on behalf of learned Government Pleader for Revenue Sri K'Muralidhar Reddy. ,- 'Page 2 of5

3. The learned counsel for the petitioner submits that the petitionor invokes Article 226 of the Constitution challenging Memo Rc.No.D4 AO434 I 5Og I 2022 dated 29.08.2022 issued by respondent No.2, vrhich rejected his request for allotment of alternate land admeasuring Ac.03-oo Gts., in Sy.No.99 of Kannala Village, Bellamp,ally Mandal, Mancherial District, Telangana. The rejection is alleged to be arbitrary, iltegal and contrary to constitutional rights under l\rticles 14, 21 and 3OO-A, as well as in violation of natural justice irnd the official report dated 26.o3.2O11 in Rc.No.B/7206l2OlO issued l:y respondent No.4. The petitioner's mother, Smt.Naseem, was granted assigned land to an extent of Ac.O3-SO cents in Sy'No'62PP under final patta dated 31.07.1989. However, due to an error in land availability, officials later admitted the assignment was unfeasible and recomrlended alternate allotment in Sy.No.99, as per the 20ll report' Despite several representations and a favorable directive via Memo dated 28.01.2021, no action was taken- (2,) It is further submits that following a writ petition in W.P. No. 3OlO8 of 2022, this Court directed respondent No.2 to consider the representations. However, the respondents, relying on a report dated

26.08.2,,022, rejected the petitioner's claim citing (i) lack of cultivation by the petitioner or his mother and (ii) ineligibility under Government Memo dated 18.06.2O12, which proposes restrictions on land Page 3 of5 assignment within 1.5 km of municipal limits. The petitioner contends that the memo lacks legal finality, was misapplied and the rejection was passed without affording personal hearing- (b) Learned counsel further submits that the mother of the petitioner died on 17.O8.2O12 and the petitioner made several representations dated 08.08.2018, O3.OL.2021 and LO-O3.2O21 to the Minister for Forest and Environment, Law and Endowment requesting to allot alternate land to an extent of Ac.3-5 Gts., in Sy.No.62PP of Kanala Village, Bellampally Mandal, Mancherial District. However, vide Memo dated 28.01.2021 in Rc.No.B/ 56/2021, the Tahsildar, Bellampally Mandal directed the Mandal Surveyor, Bellampally and Girdvar Bellampally to enquire and submit compliance report in pursuance of the letter of the Minister for Forest, Law and Endowments dated O4.O1 .2O2L stating that unfortunately the land assigned to the mother of the petitioner to an extent of Ac.3.5O Gts., in Sy.No.62 was allotted to others and a request made to identify the alternate Government land. Despite the same, no action has been taken by the respondents and as such the petitioner is constrained to file another representation on 14.O6 .2022 to the respondent No.2 to take necessary action in allotting the alternate land. (c) It is further submitted that the original assignment was cancelled due to official oversight, not on account of any lapse by the Page 4 of5 petitio,er's family. The denial of arternate land, despite a binding recomrnendation from 2OLt, is unjust and unconstitutional. Aggrieved by the impugned memo, the petitioner seeks its quashing and a consequential direction for allotment of Ac.o3-00 Gts., of land in Sy.No.!)9, submitting that no other effective remedy exist and irrepar;lble loss would be caused without this court,s intervention.

4. on the other hand, the learned Assistant Government Pleader, appearing for the learned Government pleader for Revenue, submit:; that the petitioner's request for allotment of Ac.3.oo in Sy.No.99 of Kannala village, Bellampally Mandal, Mancherial District, was rejr:cted under the impugned proceedings, citing specific reasons. It is contended that the land in question lies within 1.5 km of municipal limits, which is in violation of the restrictions imposed by the Governrnent Memo dated 1g.06.2012 regarding rand assignment. Accordi.gly, the petitioner's case was not considered and the writ petition is liable to be dismissed.

5. Having heard the learned counsel on both sides and upon meticulous perusal of the material available on record, this Court is of the view that the present writ petition can be disposed of with certain directions. Accordingly, the petitioner is granted liberty to submit a detailed representation to the 2.d respondent, along with all relevant and subr;tantive documents in support of his claim, within a period of F Page 5 of5 four (4) weeks from the date of re'ceipt of a copy of this order. Upon receipt of such representation, the 2nd respondent shall consider the same in accordance with law and pass appropriate orders aS expeditiously as possible, preferably within a period of twelve (L2l weeks thereafter.

6. With the above direction, disposed of. No order as to the costs' the present writ Petition is Miscellaneous aPPlications, if any pending, shall stand closed. SD/. K.BHAVANI SWAMY ANT REGIS /TRUE COPY/ CTION OFFICER To, - --^r^-, Darranr tc I. The Principal Secretary' Revelu.e-Dega.ng",nt: )' iii; bi;fi &boriectoi fuian-cherial District' relangana' 3. rhe Revenr" rjliJid#ibfii;;L Biiimi'irii' Miilcherial District' relansana 4. The TahsirO 5. one cc to snil"d'. Nixc_d.S.l1-crobv, Advocate [oPucl 6. rwo ccs to cp Fori ir-e\Er'ruelfiibiid';;'tl;i fhe staie or relansana at 7. Two CD CoPies r, ti"ii'l' p g'ly-nn*gar' rvrincne rial District' Te langan a' retariat, Hyderabad Hvderabad [OUTI -S-"-9 " BM TKS gr{ HIGH COURT DATED:0811012025 ORDERI WP.No.24064 of 2025 q iI Itl l\u 1 '! t DISPO$ING OF THE WRIT PETITION WITHOIJT COSTS