The High Court · 2025
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Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed ttrerewith, the High court may be pleased to issue an appropriate writ, orde;- or Direction, more particularly one in the nature of writ of Mandamus, declaring the action of the 1st to 5th respondents more particularly 4th respondent in not mutatlng the name of the Petitioner and his brothers sons in revenue records as well as Dhararni web Land Electronic record in respect of the assigned land admeasuring Ac 0-20 Gts in sy.No.255/4 of Hayat Nagar Mandal, Ranga Reddy Dist though order in Proceedings No.Bl2875t92 Dated 29.10.1992 issued by the 4th respondent though the said proceeding was set aside vide proceeding No A21930/2017 Dated 03.09.2019 and proceeding No.A211243t2O20 Dated 06.o1 .2022 passed by the 3rd respondent which resulted rn irreparable loss consequently seeking direction to 1st to 5th respondents more particularly 4th respondent to mutate the name of the Petrtioner and the Petitioner sons in revenue records as well as in Dharanai Web land recorCs in respect of the assigned land admeasuring Ac 0-20 Gts in Sy.No.255/4 of Hayat Nagar lVandal, Ranga Reddy Dist Counsel for the Petitioner : SRI V R MACHAVARAM Counsel for the Respondents: SRI L. RAVINDER, AGP FOR REVENUE, REPRESENTING GP FOR REVENUE The Court made the following: ORDER THE IION'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.33OOZ OF 2o24 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief/s:- "... to issue an appropriate writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the lsr and Srh respondents more particularly 4th respondent in not mutating the name of the Petitioner and his brothers sons in revenue records as well as Dharani Web Land Electronic record in rcspect o[ thc assigned land admeasuring Ac O-20 Gts in Sy.No.255/4 of Hayat Nagar Mandal, Ranga Reddy Disr though order in Proceedings No.B/2875/92 Dated 29.1O.t992 issued by the 4rh respondent though the satd proceeding was set aside vide procceding No.A2l93O/2017 Dated 03.09.2019 and proceeding No.A2/t2a3/2O2O Dated O6.OL.2022 passed by the 3,n respondent which resulted in irreparable loss consequently seeking direction to lsr and srh respondents more particularly 4lh respondent to mutate name of the Petitioner and the Petitioner sons in revenue records as well as in Dharanai Web land records in respect of the assigned land admeasuring Ac 0-20 cts in Sy.No.255/4 of Hayat Mandal, Ranga Reddy District, and pass such other or orders .,."
2. Heard Mr.V.R.Machavararn, learned counsel for the petitioner and Mr.L.Ravinder, learned Assistant Government Pleader for Revenue representing learned Government Pleader for Revenue appearing for respondents.
3. The brief facts of the case are that the petitioner's father was declared as the land less poor in the year 1992; that he submitted an application to respondent No.4 for allotment of Government Land for doing agriculture; that the Government after satisfying with the eligibility conditions and following due procedure as contemplated under law had allotted an 2 extent of land admeasuring Ac.0-20 Gts in Sy.No.255/4A, situated at Arnanagal Hayat Nagar Village, Hayat Nagar Mandal, Rarrga Reddy Dist, vide allotment fiie No.Bl2B75l1992 dated 29.1O.1992; that the Ofhce of the 4tL respondent had issued a Patta Certificate and the said assigned land was halded over to the allottee by physical deliverv and by fixing the boundaries; that the Office of the 4tt, respondent had mutated the name of the allottee in the revenue records a-tld the same is reflected in the Pahani Patrikas; that ever since the a-llotment the allottee and his family members were in peaceful possession and enjoyment of property. While so, the respondent officials resumed the subject larrd by virtue of Proceedings in File No.Cl2609/2OO2 dated 07.05.2O02 passed by respondent No.4; that aggrieved by the same, the petitioner fiied an Appeal before respondent No.3, u,hich r.r'a s numbered as Case No.A2 l93Ol20 17; that respondent No.3 vide order dated 03.09.2019 opined that neither the petitioner nor his father, who is original assignee was party in the proceedings under challenge before him and so the said authority is not inclined to entertain the Appeal but the 4th respondent was directed to re-verify the entries in 3 the revenue records before and a-fter the order under challenge before him and 4th respondent; that again the petitioner processed the earlier Appeal before respondent No.3 in respect of proceedings No.C/ 2609 I 2OO2 dated 07 -O5.2OO2; that the said case is numbered before respondent No.3 vide Case No.A2/ 1243/2O2O and that respondent No.3 had passed a detailed order allowing the Appeal vide order dated
06.01.2022 opining that the order of resumption passed by the Tahsildar/4th respondent in File No.C12609 12002 dated
07.05.2OO2 was set aside; that the petitioner had also made applications under Dharani Website and the said applications were filed under the module of pass book data correction in Dharani Web Land Portal by the Petitioner and his brother's sons vide application dated 03.01.2023 seeking a pass book for the said assigned land to the extent of land admeasuring Ac O.1O gts in the name of the petitioner and Ac 0.05 gts in the name of the petitioner's brother's sons respectively' But the said application is kept pending. Aggrieved by the same, the petitioner preferred the present Writ Petition.
4. Learned counsel for the petitioner seeks a direction to respondent No.4 to mutate the name of the petitioner and his 4 brother's sons rn the revenue records as well as in the Dharani Web land records in respect of the subject land and pass appropriate orders
5. Learned Assistant Government pleader for Revenue by filing counter affidavit contends that the assignee has violated the conditions of assignment and provisions of the Telangana Assigned Lands (prohibition of Transfers) Act, lgZZ (for short, "the Act") and the entire lands have been resumed back to the Government; that rhe petitioner filed another Appeal vide File No.A 1/ 1243 /2O2O before the then Revenue Divisional Officer/respondenr No.3. Vide order dated 06.01 .2022, tne order passed by Tzrhsildar on 07.05.2005 was set aside; that the (i.overnment had preferred a Revision petition under Section 48 of the ,{ct before the Additional Co[ector, Ranga Reddy District and the same is pending consideration.
6. IJc further contends that the subject lanci was already resumed back b_l.. the Government and the petitions submitted by the petitioner.u-c not considered; that the petitioner had illegalll, trespassed into the Government land anrj a complaint was mzrdc to the police b.y the respondents vide C.C.Nos.906 5 of 2O2O arld 123612020 before the learned XXIV Additional Metropolitan Magistrate Court, Cyberabad, at Hayathnagar under Sections 427 and 447 of I.P.C.; that the petitioner was also found guilty and punished with penalty; that the petitioner had already paid the said penalty. He further states that upon resumption, the subject land was included in the list of prohibited properties under Section 22A of Registration Act. Hence, he states that the Writ Petition is misconceived and seeks to dismiss the Writ Petition. 7 . Having regard to the submissions of both the learned counsel and upon considering the fact that the Revision preferred by the Government under Section 48 of the Act is pending consideration before the Additional Collector, Ranga Reddy District, this Court is inclined to direct the Additional Collector, Ranga Reddy District, to dispose of the said Revision, as expeditiously as possible, preferably within a period of ninety (90) days from the date of receipt of the copy of the order, by putting the interested parties on notice and affording them sufficient opportunity of hearing. No costs. 6 8 With the above direction, this Writ Petition is disposed of. No costs Miscellaneous petitions pending, if aly, shall stand closed. SD/. S.MALLIKARJU NA RAO NT REGISTRAR AS //TRUE COPY// S CTION OFFICER To 1 3 4 5 6 7 8 I The Principal Secre:tary, for Department of Revenue, Hyderabad, The State of Telangana. Telang:rna The Dist Collectcr zrnd lv'lagistrate, Ranga Reddy Dist, Telangana The Revenue Divisional Officer lbrahim Patanam, Revenue Division, Ranga Reddy Dist, Telang ana. The Tahsildai'. Hayat Nagar lt4andal Ranga Reddy Dist,Telangana The lVandal Revenue lnspector, Hayat Nagar Mandal, Ranga Reddy Dist, Telangana. One CC to SRI V R IVACHAVARAIV1, Advocate [OPUC] THE ADDITIONAL COLLECTOR, RANGA REDOY DISTRICT. Two CCs to GP frOR REVENUE, High Court for the State of Telangana. Two CD Copies PVL TKS r!'l HIGH COURT DATED:2711012025 I o(J Y t 1Hi S14 ('v 2 3 tltAR 2tl26 P -2. * ORDER WP.No.33007 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ Ir- rn4 # N ,,\g\/a