Kotha Haribabu v. 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 issue an appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus, Declaring the lmpugned Memo No.23019/LM&FFlA2l2025 dated 26.08.2025 issued by 2nd Respondent and also consequential lmpugned Proceeding vide No. E2l2O-4812O25 daled 09.09.2025 issued by 4th Respondent, as arbitrary, illegal, unjust, without jurisdiction, against the principles of natural justice and in clear violation of Articles 14 & 300A of Constitution of lndia and also in violation of provisions of Telangana Agricultural Land (Conversion to Non-Agricultural purposes) Act, 2006 and its Rules and The Telangana Bhu Bharathi (Record of Rights in Land) Acl,2025 and consequently set aside the same, (b) To direct the Respondents to restore the sub-divrsion survey numbers covered under Nala proceedings in 13hd-Sliarathi Portal, (c) To direct the Respondents not to meddle with the possession and en.joyment of the layout developed by the Petitioner over the lands covered under the NALA Proceedings, in any manner, except otherwise in accordance in law. lA NO: 1 OF 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 suspend the lmpugned Memo No.23019|LM&FFlA2l2025 daled 26.08.2025 issued by 2nd Respondent and also consequential lmpugned Proceeding vide No. E2120-4812025 dated 09 09 2025 issued by 4th Respondent, in the interest of .justice, pending disposal of the writ petition. lA NO: 2 OF 2025 Petition under Sectron 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 restore the sub-division survey numbers covered under Nala proceedings in Bhu-Bharathi Portal, in the interest of justice, pending disposal of the writ petition lA NO: 3 OF 2025 Petition under Sectron 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 not to meddle with the possession and enjoyment of the layout developed by the Petitioner over the lands covered under the NALA Proceedings, in any manner, except otherwise in accordance in law, in the interest of ,|ustice, pending disposal of the writ petition Counsel for the Petitioner: SRI ROHIT POGULA Counsel for the Respondents: Ms. SNEHITHA, ASST. cP FOR ASSIGNMENT The Court made the following: ORDER HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI) THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRrT PETITION No.33218 of 2o25 DATE OF ORDER: L5.L2.2O25 BETWEEN: Kotha Haribabu AND The State of Telangana Rep. by its Principal SecretarSr, Revenue Department and 5 others. Petitioner Respondents : ORDER: This Writ petition is filed for the following prayer: "...to issue aft appropriate Writ order or direction more parTicrlarlg one tn the nature of Writ of Mandamus: (a) Declartng the Impugned Memo No.23019/ LM and FF/42/2025, dated 26.O8.2025 issued bg 2"d Respondent ond c.lso consequential Impugned Proceeding uide No E2/2048/2025 dated 09.09.2O25 issued by 4h Respondent as arbitrary, illegal, unjus| rDithout juisdiction against the pinciples of naturat justice and in clear utolation of Articles 14 qnd 3O0-A of Constitution of India and also in uiolation of prouisions oJ Telangana Agricultural lnnd Conuersion to Non- Agriculturol purposes Act, 20O6 and its Rules and The Telangana BLru Bhqrqthi Record of Rights in Lqnd Act, 2025 and consequentlA set-aside the same (b) To direct the Respondents to restore the subdiui.sion surueg numbers couered under Nala proceedings in Bhu- Bharati Portal (c) To direct the Respondents tat to meddle uith the possession and enjoAment of the lagout devetoped bg the Petitioner ouer tlrc lands cotEred under the NALA Proceedings in any manner except oth.enuise in q(rordatrce in lqu..." 2

2. Heard Mr. Rohit Pogula, learned counsel for the pctrtioner :rnd Ms. Snehitha, learned Assistant Government Pleacler lor Assignment, appearing for respondent Nos. 1 to 6

3. Learned counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of non_ agricultural and Sy.No.186/2 /6.lll1/llll2, admeasrrring )42O Sq yards, S5..No. 168/2 / erl I I I | 12, admeasurrrrg '24'20 Sq.yards, Sy.No.186 l2l+t2, admeasuring 3267 Sq. yards, Sy.No. 1g6l2 16,/l/112, admeasunng 2120 Sq. .,rards and Sy.No.1g6/2 l..ttl /2, admeasuring 2420 Sq. 1'ards, total ).2,g47 Sq.yards equivalent to Ac.2.2Z guntas, situated at Ward No.22, Purlluriramaiahpaily. Kompally Revenue village, under Bhupa1pail1. \{unicipality, Jayashankar Bhupalpally Districr, havirrg purchaseci lhe same under registered sale decds. 3

4. Le arned counsel for the petitioner would further submit that in the impugned proceedings issued by respondent No.4 uide Memo No.23019/LM&FF I At /2025, dated 26.08.2025, based upon the recommendations made by the District Collector - oflicial respondent No.4, in letter No.E2/20-4812024, dated27.O4.2025 and on the reference made by respondent No.3, uide CCLA's Ref.No.LR- I I 3202182 / 2025, dated 26 .O7 .2025, respondent No.2 accorded permission to the District Collector, Jayashankar Bhupalpally to cancel the proceedings sold out in favour of the Hari Constructions/ Kotha Haribabu, situated at Kompelly Village of Bhupaipally Mandal, since the subject land has already been purchased by the Government for the purpose of providing house sites to the Backward Classes and landless poor persons. The proceedings for which permission for cancelation has been accorded are as under:

1. 2101088624 for land in Sy.No.186 /2/erl/2,

2. 210108A635 for land in Sy.No.186/2/er2,

3. 2101088640 for Iand in Sy.No.186 /2/arl/l/l/2, 4 4 21O1088649 for land in Sy.No. tB6l2l art / | I I I | 12, J 2101088644 for land in Sy.No. 186 l2lert/tl2

5. Lcarned counsel for the petitioner would mainly contend that the oflicial respondents have acted in violation of due procedure contemplated under the Telangana Agricultural Land (Conversion to Non_Agricultural purposes) Act, 2006 (for short ,the Act, 2006). He would further submit that the statutory provision under Section 5 (4) of the Act, 2O06 mandates that notice to the affected party before any adverse action is taken. In the absence of such notice, the impugned action is contrar)r to the mandatory procedure prescribed under law. Hence, he would seek to pass appropriate orders.

6. On the other hand, learned Assistant Government Pleader for Assignment would submit that since the land in question has alread_v been purchased by the Government for the purpose of allocation of house sites to the landless poor persons, no impunity can be attributed on the part of the ofhcial respondents in issuing the said proceedings. 5 She would submit that this writ petition is filed under misconception. She would further submit that, if any action is contemplated under permission accorded to respondent No.4, obviously the necessary procedure contemplated under law sha,ll be followed by respondent No.4. Hence, she would seek to dismiss this writ petition. 7 . Having heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Assignment, ald upon careful perusal of the material placed on record, this Court is of the opinion that it has been stated by the respondents that notice would be issued to the petitioner under Section 5(4) of the Telangana Agricultura-l Land (Conversion to Non-Agricultural Purposes) Act, 2OO6 (for short, "the Act, 2006"l. The said notice is proposed to be issued prior to the permission accorded by the District Collector to cancel the earlier proceedings, in terms of the Memo issued by the Chief Commissioner of Land Administration (CCLA), bearing Ref. No. LR-I/32O2182/2025, dated 26.07.2025. It is further observed that respondent No.2, acting on tJle said 6 references, initiated proceedings and accorded permission for cancellation of the proceedings under which the petitroners hacl purchased the subject properties. Consequently, respondent No.4 had calcelled the NALA proceedings sold out in favour of the petitioner.

8. In view of the above, this Court is of the considered opinion that adherence to the mandatory requirement under Section 5(4) of the Act, 20O6, including issuance of prior notice and affording an opportunity of hearing to the petitioners, is essential before aly adverse action is conhrmed.

9. Therefore, this Court is of the considered opinion that the said proceedings are issued without fo[owing the procedure contemplated under law under Section 5(4) of th e Act, 2006 and accordingly, the notices are in clear violation of the principles of natural justice and not as per the procedrrre contemplated under the 1aw. Therefore, the proceedings issued by respondent No.2 uid.e Memo No.23O19/l,MAFF/A2 l2O2S, dared 26.08.2025 are set_ aside and the matter is remanded to respondent No.4 with 7 a direction to issue necessa_rJr notices to the petitioner herein and all concerned, and a_fter granting suflicient opportunity of headng to them, take appropriate action, strictly in accordance with law. i 0. With the above directions, this writ petition 1S disposed of. There shall be no order as to costs. Miscellaneous applications, if any pending, shall also stand closed SD/.P. PONNA KRISHNA ASSISTANT REGlSTRAR G SECTION OFFICER //TRUE COPY// To, Hyderabad.

1. The Secretary, Revenue Department, State of Telangana, At Secretariat, 2. The Secretary, Revenue (Land Matters and Freedom Fighters) Dept., State of ^ Igl.rlg-rn", Ai Secretariat, HyaeraOaO. 3. Chref Commissioner for Lanri Administration Telangana, Hyderabad. 4. District Cofiector, Jayashanker enupirDaiiv DiitriJi. = 5. Revisional Divisional officer, Bhupdlpdlly bivision, Jayashanker Bhupalpally \ District. ? 6x1'3t il 3X iR3?.,i!iv$tt,il^ j xlx*:?j?LBh 8 Two ccs to GP FoR ASSTGNT\reNr, nigh-court roi ttre state of rerangana. 9. Two CD Copies u pa, p a,,v D istrict BN HIGH COURT DATED:15112t2025 ORDER WP.No.33218 ot 2025 o' o i + oR THE S 6 2 4 t'ltq lnrc t 7 -i_: DISPOSING OF THE WRIT PETITION WITHOUT COSTS b