High Court · 2025

Judgment

4. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. The Collector, Sangareddy District at Sangareddy. The Revenue Divisional Officer, .Zaheerabad Division, Sangareddy District. The Tahsildar, Zaheerabad Mandal, Sangareddy District. ...RESPONDENTS t-

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 pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in continuing the land in Sy. No. 13211 , admeasuring Ac.1-26.75 guntas situated at Bechinelli village, Zaheerabad Mandal, Sangareddy District in the prohibitory list though the said land was assigned in the name of Late Manik Rao under the category of Freedom Fighteir and further though the period of ( 1 O) years for prohibition of alienation of the said land was expired long back and further the respondents are not considering the online application dated 04-1 1-2024 vide transaction lD No. TTE0M022412480655 submitted by the petitioner for seeking deletion of the said land from the prohibitory list so as to enable the petitioner to develop the said property and also to alienate some part of the same to third parties, as illegal, t .rxi*S*t zt .l", ,r a/ unlawful, contrary to law and consequently direct the respondents to consider the above pending online application:and delete the above land from the prohibitory list. 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 issue interim order directing the respondents to consider the online application dated O4-11-2024 vide transaction lD No. TTECM022412480655 submitted by the petitioner for seeking deletion of the land in Sy. No. 132t1, admeasuring Ac.1-2O.lS guntas situated at Bechinelli village, Zaheerabad Mandal, Sangareddy District, pending disposal of main writ Petition. Counsel for the Petitioner: SRI M.DAMODAR REDDY Counsel for the Respondents: Ms. SNEHITHA, AGP FOR ASSIGNMENT The Court made the following: ORDER i t n IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAT) THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.38683 of 2O2S DATE OF ORDER: 17. L2.2O25. Between: Godke Chandrakanth AND ...Petitioner The State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, and others ORDER: ...Respondents This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following reliefr a "...to issue an order or direction more particularly one in tlrc nafire of Writ of Mandamus declaring tlrc action 67- tne respondents in continuing tlle land in Sy.,lVo. 132/ 7, admeasuring Ac.1-26.75 guntas situated at Bechinelli uillage, Zaheerabad Mandal, Sangareddy District in the prohibitory list though the said land was assigned in the name of Late Manik Rao under the Page 2 of8 category of Freed.om Fighter and furtlrcr though tlrc period of (1O) gears for prohibition of alienation of the said land was expired long back and further the respond.ents are not considering the online application transaction ID d"ated" 04-11-2024 uide No.TTECMO224124BO655 submitted by the petitioner for seeking d"eletion of the. said land from the prohibitory list so as to enable the pelitioner to deuelop the said property and also to alienate some part of the same to third parties, as ittegal, unlauful, contrary to laut and consequentlg direct the respondents to consider tlrc aboue pend"ing online application and delete the aboue land from the prohibitory list... -."

2. Heard sri M.Damodar Reddy, learned counsel appearing for the petitioner and Ms.Snehitha, learned Assistant Government Pleader for Assignment, for the respondents and perused the record

3. Learned counsel appearing for the petitioner would submit that the father of the petitioner by name late Manik Rao was the freedom fighter Government assigned land to an extent of Acs.1O-0O guntas accordingly, the in sy.No. l32lL, situated at Buchinelli village, zalrleerabad Mandal, sangareddy District, uide proceedings No.B/ 5Ol7 I lgg7 , dated 22-02-1999. Though the above assignment was made under the category of Freedom Fighter/ Political sufferer, the authorities in the prescribed I / t Page 3 of8 form issued the assignment certificate by mentioning G.O.Ms.NI.L4O6, dated 25-07-1958. In fact, the said G.O. would apply only to the assignments made in favour of landless poor persons with a condition that the assignment land shall be heritable but not alienable. In the instant case the authorities have processed the assignment proceedings in file No.B/50L7 11997 proposing to make assignment of the above land in favour of late Manik Rao under the category of freedom fighter/political sufferer and during his lifetime, he enjoyed the freedom fighter pension and therefore, the assignment in favour of late Manik Rao is only under the category of freedom fighter/political sufferer

4. The general assignment in favour of landless poor persons is only under G.O.Ms.No.L4O6, dated 25-07-1958 and as per the said G.O., the assignee is eligible for grant of assignment only to the extent of Acs.S-OO in case of dry land t and Ac. 2-2O guntas in case of wet land. But in the instant case, late Manik Rao was assigned Acs.lo-0O of land in Sy.No.L32/1 and therefore, the above assignment in favour of late Manik Rao is only under the category of freedom Page 4 of8 Iighter/political sufferer. Mere mention of G.o.Ms.No. 1406, dated 25-07-1958 in the assignment proceedings of Late Manik Rao, as there is evidence on record to show that late Manik Rao is a freedom fighter and therefore, the above assignment shall be deemed to be assigned under freedom fighter quota. The Division Bench of the Hon'ble High court in the matter of BHEL Emplogees cooperatiae Housing Societg, Sangareddg Vs. Sta/te of Telanganlq, and otherst held that by mere mentioning of G.o.Ms.No.1406, dated 25- 07- 1958 in the assignment proceedings, does not make the assignment in favour of landless poor persons and if the assignee could able to prove that he is the freedom fighter or Ex. serviceman, the said assignment shall be deemed to be assignmentmadeund'ercategoryoffreedomfighterorEx. serviceman. Therefore, G.O.Ms.N o.Lll7 , dated 1 1- 1 1- 1993 issued bi the Government prohibiting alienation of the assignment made in favour of freedom fighter or Ex. serviceman shall be only for a period of (10) years from the date of the assignment and after expiry of (1O) years' such (- t zozt 1+1 ALD 132 : t Page 5 of8 land shall be deemed to be patta land and the assignee is entitled to alienate the same to third parties.

5. It is further submitted that since late Manik Rao is admittedly a freedom fighter and therefore, the above assignment in his n€rme is only under the category of freedom fighter. Upon the death of late Manik Rao, the above assigned land is mutated in the name of his wife by name Narsamma by proceedings of MRO in file No.B/5017 11997, dated 22.O2.L999 and she was also issued pattadar passbook and title deed uide patta No.492. After death of late Narsamma, the petitioner and his brothers who are the legal heirs of late Manik Rao got divided the above assigned land and thereby the petitioner got mutated his name to an extent of Ac.l-26.75 guntas with sub-division Sy.No.L32/L /2 out of Acs.10.00 of land in Sv.No.I32 and remaining land had been mutated in the narne of the other legal heirs of late Manik I Rao. Accordingly, the Revenue Authorities issued Dharani passbook in the name of the petitioner uide Khata No.60251 and as on today, it is the petitioner who is in possession and Page 6 of8 enjoyment of land to an extent of Ac.l-26.75 guntas at Buchinelli village.

6. Since the said village is situated near to Zaheerabad Town and also National Highway and thereby the said land attain characteristics of urban property and thereby the petitioner wanted to develop the above land by obtaining necessary nala permission and also intended to alienate some part of the land to third parties. However, the above land is included in the prohibitory list as prepared under the provisions of Section 22-A of The Registration Act. Since the above assignment in favour of late Manik Rao is under category of freedom fighter and the prohibited period of (1O) years had already been expired long back and therefore, the said land shall have to be deleted from the prohibitory list so as to enable the petitioner to develop the above land and also to alienate some part of the land to third parties as the Government have issued number of G.Os permitting the Ex. I Serviceman, Freedom Fighter, Political sufferer to alienate the assigned land after expiry of (10) years. Accordingly, the petitioner earlier submitted the online application dated 12- Page 7 of8 06-2023 for seeking deletion of the said land from the prohibitory list and sa.me had not been considered and accordingly, the petitioner submitted another online application dated O4-LL-2O24 uide transaction ID No.TTECMO224L248O655 for seeking deletion of the above land from the prohibitory list. Despite receiving the same, the respondent-authorities have not acted upon it. Hence, the present writ petition

7. Learned Assistant Government Pleader for Assignment \ would submit that the applications submitted by the petitioner are under consideration. The respondent- authorities will consider the sarne and pass appropriate orders in accordance with law. I I

8. In the light of the aforesaid facts and circumstances of the case and upon perusing the material available on record this Writ Petition is disposed of, directing the respondent- I authorities to consider the online application submitted by the petitioner dated 04.LL.2024 uide Application Transaction No.TTECMO22412480655 Application No.ECM0224L2480655 and pass appropriate orders, strictly \ Page 8 of8 in accordance with law, by putting the petitioner and all interested parties on notice and affording them an opportunity. They shall pass a reasoned order, communicate copy of the said order to the petitioner and complete the said exercise as expeditiously as possible and as per the procedure laid down under law. There shall be no orders as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. To, //TRUE COPY// SDL P.PONNA KRISHNA ASSISTANT REGISTRAR sEcn6troFFrcER /

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

2. The Collector, Sangareddy District at Sangareddy. 3. The Revenue Divisional Officer, Zaheerabad Division, Sangareddy District. 4. The Tahsildar, Zaheerabad Mandal, Sangareddy District. 5. One CC to SRI M.DAMODAR REDDY, Advocate [OPUC] 6. Two CCs to'GP FOR ASSIGNMENT, High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies BS o. I "/ I I I HIGH COURT DATEDi 1711212025 ORDER WP.No.38683 of 2025 tt \iE STA o (J O B JAN ?[2[ * 'v 7 .;) .{:\ * DISPOSING.OF THE WRIT PETITION, WITHOUT COSTS o