't. G.Dasharath 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 issue appropriate Writ, Direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the 3rd Respondent, their staff, without any due process of law, to not to interfere with the Petitioner's Agricultural land in different Survey Numbers, 127lE1 ,E2,EE,EE2 and 1281A1 , A2, E|'E2'E3 total admeasuring Ac. "13-36 Gts., and in Sy.No. 127|EE1, adm., Ac. 00-17 Gts.' in Poolapally Village and Gram Panchayat, Nawabpet Mandal, Ranga Reddy District, therein demanding to vacate and to handover the extent of land adm., Ac. 00-30 Gt.s, in Sy.No. 127lEE4l2,in Poolapally Village and Gram panchayat, Nawabpet Mandal, Ranga Reddy District, in pursuance the Show Cause Notices Vide No. 206612024, dl.3-12-2014, despite of given Reply to the show cause, on dt. '19-12-2024, without any justification is illegal, unjust, against the principles of natural justice. lA NO: 1 OF 2024 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 2nd and 3rd Respondent to not to interfere and to send his staff members to the Petitioner's private property lies, without any due process of law, pending disposal of the main Writ Petition and may order or orders as this Honble Court may deem fit and proper in the interest of justice. Counsel for the Petitioner : M/s.PRAKASHCHAKRAVARTHY Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY UIRIT PETITION No.37O27 of 2o24 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "...to issue appropriate Wit, Direction more particularlg one tn the nature of WRI'I OF MANDAMUS declczing the action of the 3rd Respondent their sto,fJ urithout ang due process of lau to not to interkre uith the Pettttoners Agicultural land in different Sunteg Numbers 127/81, E2, EE, EE2 arud 128/A1, A2, El, D2' E3 total admeasuing Ac. 13.36 Gts and ir:" Sy.No. 127/ EE1 adm Ac. 00.17 Gts in Poolapallg Village and Grarn Panchagat' Na uabpet Mandal, Ranga Reddg Distict therein demanding to uacate and to hand.ouer the erterlt of land adm Ac- 00.30 Gts in SA.No-127/EEa/2 in Poolapallg Village <znd Grdm panchaAaL Natuabpet Mand,o| Ranga Reddg Distict in pursuance the Shttw Cause Notices Vide No.2O66/2O24 dt 3.12.2014 despite of giuen Reptg to the show cause on dt 19.72.2024 without any justification is illegat, unjust, against ttle piftctples of naturaL justice... "

2. Considered the submissions of the learned counsel lor the respective parties and perused the record.

3. It is stated that the petitioners are the owners and possessors of agricultural land admeasr.rring Ac. 13.36 guntas in Sy.Nos. 127 lBl,82, F,F, EE2 & t28lAI, A2, El, E,2, E,3; admeasuring Ac.00.17 guntas in Sy.No.l27 lEEl situated at Poolapally Village and Gram Panchayat, _-3 2 Nawabpet Mandal, Ranga Reddy District, having purchased the same through registered sale deed bearing document No. 1999 of 2016 dated 22.04.2016 and by virtue of registered sale deeds, they are enjoying the sard properties as absolute owners. The case of the petitioners is that respondent No.3-the Tahsildar issued a show cause notice vide No.B/2O66/2024 d,ated, 03.12.2024 stating that an additionat Ac.O.38 guntas of land has been registered in Sy.No. 127E/l in the existing records in the name of petitioner No. i and directed them to explain reasons wfry his name should not be removed from the existing records in respect of land admeasuring Ac.O.3g guntas in Sy.No.127E,/ I and soon after receipt of the said notice, they have submitted a detailed explanation. The grievance of the petitioners is that even after receipt of the said explanation, without following the due process ol law, tkr-e respondent-,uthorities, along with their staff interfere d with their peaceful possession by demanding to vacate and handover the said extent of lands, which action on the paft of the respon dent-authorities is illegal and arbitrarv. -)

4. Per contra, learned Assistant Government Pleader for Revenue appearing for the respondents vehemently contended that the land claimed by the petitioners and their predecessors-in-interest is assigned land, which is prohibited for registration. It is further submitted that as per the policy enunciated by the State Government vide G.O.Ms.No.14O6 dated 25.07.1958, the assigrred lands are only heritable and the same are not alienable; and if the petitioners have purchased the said lands, they have to submit an application under Section 4 of the ROR Act, )

1971. for the amendment of Record of Rights (ROR) or the consequential mutation of the properties in their favour and, since they have not taken any steps, at this length of time, they are not entitled to claim possession of the subject lands.

5. This Court, without expressing any opinion as to whether the lands claimed by the petitioners are patta lands or assigned lands, since the petitioners have submitted reply, dated 19.12.202+ to the show cause notice No.2066/2023 dated 03.72.2024 issued by 4 respondenl. No.3, deems it appropriate to direct respondent No.3 to examine the reply submitted by the petitioners and pass a reasoned order within a period of three months from the date of receipt of a copy of this order and communicate the decision thereon to the petitioners.

6. With the above observations, this writ petition is disposed of. No order as to costs Pending misceilaneous applications, if any, shall stand closed. IITRUE COPY// SD/. P.CH.N A AGABHUSHAMBA TANT REGISTRAR SF.CTION OFFICER To,

1. The Principal Secretary, Revenue Department' Secretariat' State of Telangana, Telangana

2. The CollecJor, Vikarabad' Vika rabad District' 3. The Tahsildar' Nawabpet Mandal' Vikarabad District' 4. One CC to SRI PRAKASHCHAKRAVARTHY' Advocate tOPUCl 5. Two CCs to GP FOR REVENUE' High Court for the State of Telangana touTl

6. Two CD CoPies BSR BSK @i HIGH COURI- DATED:0210112025 ORDER WP.No.37021' of 2024 ( q ) () I L 31 a/t Itr 0 3 r{AR 2025 o * a s TP C DISPOSING OF THE WRIT PETITION WITHOUT COSTS