The High Court · 2025

...RESPONDENTS : lPetition under Article 226 of the Constitution of lndia praying that in the cirdrmstahces stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order, or orders or direction, more particularly, one in the nature of a Writ of lVandamus, declaring the inaction of the Respondents in not finalizing the allotment and handing over possession of Ac. 3.00 gunta of Government waste land in Sy. No. 234/112 o,t Mutharam Village, palakurthi Mandal, Jangaon District, recommended by the 4th Respondent, Tahsildar, Pafakurthi vide proceedings RC.No. 8.1332712024 dated 09.0',l.2025, to the Petitioner, an Ex-Serviceman, under the Ex-Servicemen quota in terms of G.O.Ms. No. 743, Revenue Departmenl, dated 30.04.1963, as arbitrary, illegal, and violative of Articles 14 and 21 of the Constitution of lndia, and consequenfly direct the Respondents to forthwith finalize the process of allotment, issue necessary assignment orders, and hand over physical possession of re said land to the Petitroner. lA NO: 1 OF 2025 Petition under Section 151 CpC praying that in the circ rmstances stated in the affidavit filed in support of the petition, the High court ma / )e pleased to direct the Respondents not to alienate, assign, or otherwise alter t1 ) status of Ac. 3.00 guntas in Sy No. 2341112 of Mutharam Village, palakurtr- Mandal, Jangaon District, and to consider the Petitioner,s case for allotnt ,nt under the Ex_ Servicemen quota, and to keep the said extent reserved for th€ petitioner. Counsel for Jhe Petitioner: SRt M. LAXMAN RAO, REPRESE 1 TING M/S CHILLAW ADVOCATES AND LEGAI. )ONSULTANTS Counsel for the Respondents: SRI H. SOMAIAH EZRASHASfRI, AGP FOR ASSIGNMENT The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PE"ITION No.32412 ot 2O25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief "...pleased lo issue a Wit order or orders or direction more particularly one in the nature of a Wnt of Mandanus decluttng tLLe imc|rn of tlrc Resportdents in nol rtnalizing the allol trtertl atd hand tg ouer possession of AcS.3.OO gtutta of Couernment Luaste land in Sg.No.23a/ 1/ 2 of llluthararn Village, Palakurthi Manda[ Jangaon Distict recornttertded by the 4th Respondent Tahsildar proceedings R.C.No.B/ 3327/ 2024 dated 09.O1.2025 to the Petitioner an Ex-seruicemart under the Ex-Seruicemen quota in tenns of G.O.Ms.No.743 Reuenue Department dated 30.O4.1963 as arbitrary illegaL and uiolcttiue of ArticLes 14 and 2 1 of the Corrstitutiort of India and consequentlA direct the Respondents to fonhwith finalize the process o/ allotment issue rtecr:ssary assigtmtent orders and hand ouer physical possession of the said land to the Petitioner..." l)alakttrlhi

2. Heard Sri M.Laxman Rao, Iearned counsel representing M/ s. Chillar.r, Advocates and Legal Consultants, for the petitioner and Sri H.Somaiah Ezra Shastri, learned Assistant Government Pleader for Assignment, for the respondents and perused the record rge 2 of ()

3. Learned counsel appearing for the pe t tioner nrould submit that the petitioner herein is an , x-scrviceman (Havildar, Elx.No.26l3994P), having servcd hc r orabl-v in the Indian Armed Forces from 22.12.2OO4 to 30.0t ,2024, and is now domiciled in Malakajgiri District, Telangar L, State. He is entitled to the benefits under G.O.Ms.No.7 13. Revenue Department, dated 30.04.1963, u,hich proi rles for the assignment of agricultural land to ex-serviccrr an zrnd their families to promote their u,ellare post dernobtl zatior-r u,hich is a policy reflecting the Statc's dutv to supp. -t tl-rose who safeguard ttrc nation

4. Pursuant to the said G.O., r,r,hich rernait.r,. in lorce and applicable in the State of Telangana, thc petr r one r applied for allotment of government u,aste land for r lricr-rlture tn S5,.No.234, Mutharam Village, Palakurthi Marr, lal, Jangaon District, undcr thc ex-serviceman quota. Tl r application was dul1, forr.varded by the Rcgional Sainik We farc Officer, Ranga Reddv- Districr, uide Lr.No.1432 lLandll( 24 D, dated

25.O9.2024, to the District Collector, Jangaon. Th<: District Collector utde Lr.No.E1 11206 12024, dzrted 28.11.2024, Prge 3 ol6 directed the Revenue Divisional Officer, Ghanpur Division to process the request, lulfilling the procedural mandate under the said G.O. The RDO, in turn, uide Lr'No'B1606 12024, dated 16. 12.2024 called for a detailed report from the Tahsildar, Palakurthi Mandal, on the availability of land in terms of the G.O.

5. The Mandal Survcyor and Mandal Girdavar, Palakurthi Mandal, conducted a joint inspection ol the government land in Sy.No.234 (total extent Acs-27O.28 €iuntas) and submitted reports dated 23.12.2024 and 30 12 '2024, respectively, confirming the availability ol suitable waste land for allotment, ensuring compliance \\'ith the G O's intent to utilize unassigned land for ex servicemen' Based on the above, the Tahsildar, Palakr-rrthi Mandal, u'ho is the competent authority for assigning land not exceeding Acs.2.5O guntas wet or Acs.5.00 guntas dry, recommended allotment ol Acs.3.OO guntas (dfv land equivalent) in Sy.No.234/ 1/2, Mutharam Village to the petitioner under the ex servicemen quota. The recommendation was issued uide Re.*io.B 13327 12024, datcd 09.O1.2025, enclosing a ['agc .l ol (r locatron sketclr and forwarded to the RDO, Ghr npLlr Station, u,ith a cop_\ to the District Collector, Jangaon trigqering the statutorv dutv to act Llndcr the G.O

6. The recommended extent complies u r h tlre G.O., r'r'hich entitlcs each ex-serviccman upto Acs.2.' 0 glurtas !r,et or Acs.5.00 glrntas dry land (with 1 Ac. u,et . 2 Acs. dry), free of marl<et value (subject tc conditions), a r C rhe lar-rd is unassigr-red govcrnment ivaste land at the d i ;posal of the State. The pctitioner meets all eiigibility criter': 1(i), (ii), ancl l1 of the G.O., having bee un rier Pa ras 'r h onorably discharged n,il hout any miscor-rduct, creatrr L i a Legitimate expectation of allotment based on the prcscrit t d procedure. Dcspite the clear recommendation and the rr i ndzrte under the G.O. to r:xpcdite assignments for ex-servicc" .en's rve lf:u-e, responde nt Nos.2 to 4 have failed to take anr I trthcr action to finalize thc allotmcnt, issue necessary assrr I incnt orders and hand ovcr phvsical posscssion of the lancl. The ir-raction persists as of 08.1O.2025, causing undue 1-rar lship to the petitioner, u,ho relies on this allotment fot agricultr-rral t'ace 5 of6 livelihood and rehabilitation, amounts to violation of his right to livelihood. Hence, the present u'rit petition' t Learned Assistant Government Pleader for Assignment 7. on instructions, lvould submit that the case of the petitioner is under consideration, the respondent-authorities will consider the sarne and pass appropriate orders in accordance with lar't'.

8.Inviewoftheaforesaiddiscussion,thiswritpetttronts disposed of, directing the respondent-authorities to consider the case of the petitioner in finalizing the allotment and hancling over possession of Acs'3'00 guntas of government waste land in Sy.No.234 lll2, sins'ated at Mutharam Village' Palakurthi Mandal, Jangaon District' recommended by respondent No.4 uide Proceedings No'B 13327 12O24' dated Og .O7 .2025 and pass appropriate orders strictly in accordance with law, by putting the petitioner on notice and affording him an opportunity lf respondent authorities are not inclined to accept the request made bv the petitioner' they shall pass an order assigning specific reasons and communicate cop!' of the said order to the petitioner and I'agc 6 o, 6 !-E\ -**-q .l \ complete the said exercise as expeditiously as lossible and in accordance ."l,ith law. There shall be no order ts to costs' As a sequel, miscellaneous petitions, if : ry, pending, sha, stand dismissed /ffRUE coPY// ^:rtl3ff-+E[E?HxtG sECTloN oFFICER I I i I i 1 To, 1 2 3 Telangana State' u*l]iitffi "JalT'd,i:tru'""?i"iffi i'll:'B:?{lP:**''"ransana The District Collector' Jangaon District' Jangaon' Telar ;ana State' The Revenue Divisional Officer' Ghanpur (Station) DN i ion' Jangaon District' The Tahsildar, Palakurthi Mandal' Jangaon District' T : angana State' 'M/s ehillaw Advocates And Legal Consurt tnts' Advocate iT"? to The_cp for Assignment, Hish court for th r state of relangana' at Hyderabadlou ll 7. Two CD CoPies One CCto 6 4 5 TJ PNlK M,, ,-,, HIGH COURT DATED:2711012025 ORDER WP.No.32412 of 2025 - : i, ,.-.,1] -ii::: -"..,, t 0 t[; ii,lfr .:,) !, !-) o '1 // - --:.i DISPOSING OF THE WRIT PETITION WITHOUT COSTS i 1 tYv