The High Court · 2025

Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be ...RESPONDENTS pleased to issue Writ, Order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents herein in not considering their representation s dl.2l12l2O24 for changing the nature of the properties from Assigned Lands to Patta Lands and to de-notify the lands from the prohibited list of properties as illegal, arbitrary and violative of Articles 14,21 and 300-A of the Constitution of lndia and consequently direct the respondents to change the nature of land i.e. Ac. 3-11 gts in Sy.No.9/181E,1212,9118lEl3,9l19lEl2l2,9119lEl3, gl2olEi2l2, gl2otEl3. gt36lEt2, gt4tEt2l2 9t4tEt3 of the 1st Petitioner, Ac.4.39 gts in Sy. Nos.9/1212,9113lA,Sl14lAh,9/35/4 and 9l42lAl2 of the 2nd petitioner, Ac. 2.05 gts, in 9l34lA of the 3rd petitioner, Ac.2.17 gts, in Sy.No. 9l37lAl2 and 9l39lA111 of the 4th petitioner, Ac.1.36 gts in Sy.Nos.9/39/A of the 5th petitioner, Ac.4.12 gts in Sy.Nos. gl31lE,9131lE,9l9lA1 of the 6th petitioner and Ac.1.25 gts in Sy.Nos. 9l9lA, 9l3OlE,9/30/4 and 9131lA of the 7th petitioner. Thimmaipally Village, Kandukuru Mandal, Rangareddy District from Assigned Lands to Patta Lands. lA NO: 1 OF 2024 Petition under Section '1 51 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 respondent No.2 to consider the representation of the petitioners dl.2l12l2O24 pending disposal of the main writ petition. Counsel for the Petitioner : SRI P.ROY REDDY Counsel forthe Respondents: ASST.GP FOR REVENUE The Court made the following: ORDER I THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY IVRIT PETITION No.371O3 of 2O24 ORDER: This Writ Petition is hled under Arttcle 226 of the Constitution of India for the following relief: "..ro issue wit or order or direction more partianlarlg in the nature of Wit of Mand-amus decloring th-e action of the respondents herein in not consideing their representations dt.2/12/2024 for changing the nature of the properties from "Assigned Lands" to 'Patta Lands" and to de-notifA the land.s from the prohibited list of properties os illegal, arbitrary and_ uiolotiue of Articles 14, 21 and 3OO A of the Constitution of India and consequentlg direct the respondents to change the nature of tand i.e. Ac.3.11 gts in Ss.No.9/18/E/2/2, 9/18/E/3, 9/19/E/2/2, 9/ j9/E/3, 9/20/E/2/2, 9/20/D/3, 9/36/E/2, 9/4/E/2/2, 9/4/E/3 of the 1.t Petitioner, Ac.4.39 gts in Sg.Nos.9/12/2, 9/13/A, 9/14/A/j, 9/SS/A and 9/42/A/2 of the 2"d petitioner, Ac.2.O5 gts in 9/34/A of the 3d petitioner, Ac.2.l7 gts in Sg.No.9/ 37/ A/ 2 and 9/ 39/ A1/ I of the 4th petitioner, Ac. 1 .36 gts in Sy Nos.9/39/A of tlle 5h petitioner, Ac.4.12 gts in Sg.Nos.9/30/8, 9/31/E, 9/ 9/Al of tlTe 6th petitioner and Ac.1.25 grts in Sy. iVos- 9/ 9/ A, 9/ 30/ E, 9/3O/A and 9/31/A of the Vh petitioner, Thimmaipatlg ViIIage, Kandulotru Mand-al, Rangareddy Dlstnct from "Assigned Lands" to 'patta Lands. and, pass.. "

2. Considered the submissions of the learned counsel for the respective parties and with their consent this writ petition is disposed ofat the admission stage.

3. It is stated that the petitioners are the successors-in-interest of the original pattadars for the lands admeasuring Ac.3. I I gts in sy.No.e/181E/2/2, 9/18/813, elle/E/2/2, e/te/E/3, e / 20 / E/ 2 I 2, e / 20 / E I s, e / 36 /E / 2, e / 4 / E/ 2 / 2, e / 4 / E/ s, Ac.4.3e 2 i-l CVBR, J w 37ro3 2024 gts in Sy.Nos.g/1212, s/13lA, slL4lAl t' s/35/A and 9la2/A/2' Ac.2.O5 gts in 9l34lA' Ac.2.l7 gts in SY.No.9 137 lAl2 and in Sy.Nos.9/39/A, Ac'4'12 gts in 9139 lAtlr, Ac.1.36 gts Sy.Nos.9/3O/ E, gl3rlE, glglAl and Ac'1'25 gts in Sv'Nos'9/9/A' gl3)ll, 9/3OlA and 9l3l/A, Thimmaipally Village' Kandukuru Mandat, Rangareddy District' It is further stated that the said lands were assigned as per the provisions of the Laoni Rules/Circular 14' dated O8.1 1. 1954 framed under Section 172 of tt,le Telangana Land Revenue Act, 1317 fasli (for short, 'the ActJ and sethwars were also issued in the year 1956 itself' It is further stated that when the petitioners tried to alienate the said lands' they found that the properties are notilied vrder 22-A of the Registration Act' 19O8 and placed in the prohibited list of properties'

4.Learnedcounselforthepetitionershasvehementlycontended that there is no prohibition for alienation for the lands which are assigned under the Laoni rules, and in fact the said lands have been assigned following the procedure as contemplated under Section 54 of the Act. Therefore, the policy laid down by tlre Government in G.O.Ms.No. 1406, dated 25'O7 '1958 is not applicable to the assignments which have been granted under the provisions of the Act or the Rules made thereunder' trarned counsel further stated that the pelitioners have submitted representations' dated ",ry 3 CVBR, J wp_37103_2024

02.12.2024 for changing the nature of the properties from the Assigned lands'to ?atta Lands'and de-notiS the lands from the list of prohibited list of properties, but the respondent authorities have not taken any action sofar.

5. Learned Assistant Government Pleader for Revenue vehemently contended that all the assignments granted either under the provisions of the Act or the Board Standing Orders or the policy enunciated in G.O.Ms.No.74O6 are the assigned lands and the violations of the conditions are amenable to the provisions of the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977. Therefore, there is no illegality or irregularity on the part of the respondents classifying the lands as lavoni patta lands and prohibiting the same for alienation.

6. The issues involved in this writ petition as to whether the subject lands which are assigned are prior to the policy enunciated under G.O.Ms.No.l406 and whether the said assigned lands are I I prohibited for transfer or alienation, are required to be examined by the District Collector, duly taking into consideration of the Rules made under the provisions of the Act and subsequent policy being enunciated under G.O.Ms.No. 14O6 and applicabilit5r of the conditions incorporated therein to the pattas granted under the provisions of the Lavoni rules. Since it is the case of the petitioners 4 CVBR, J wp_37103 2024 1 ttrat they have submitted representation on the file of the District collector to delete the lands from the prohibited list of properties and as it is stated that the Government is competent to examine the said issue under section 22-A(41 of the Registration Act, 1908, this Court is of the opinion that the ends of justice would be met if the District Collector is directed to examine the representation as per the policy enunciated by the Government in G.O.Ms.No.1406 and the eligibility of the petitioners for deletion of their lands from the list of prohibited properties and pass a reasoned order after providing personal hearing opportunity to the petitioners and communicate the same to the petitioners within a period of three (O3) months from the date of receipt of a copy of this order. 7 . With the above observations, this Writ Petition is disposed of' No order as to costs As a sequel, the miscellaneous petitions, if aly, pending in this writ petition shall stand closed SD/.MOHD. ISMAIL NT REGISTRAR ASS //TRUE COPY// t

2. CTION OFFICER 'l . The Principal Secretary, Revenue Department' Secretariat Building'State of +f;5tti:r%3I1fiiss:3:", or. Land Administration' Government or relansana' :fi 3,'"d d v D i st ri ct, H vp e1q b.a d' +f, IBilII 5"# i ":Lt;'fi -Mandai' Ransareddv Diskict ii'iI futil'iior-tl kundukuru ?*:Si","'Sf ";BRtE5Pruf fl Y;'i*,h"i"Y31"''"'"orrerangana t?,otJ, copies BSK BS J 4 5 6 7 ( To, I HIGH COURT DATED:0210112025 ORDER WP.No.37103 of 2024 s- ,.* / i?\ l,r- ).? 9F TE L4 a2 .* \s j * v ( ,'raliH + DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?+ >9 I a \o cep-d>