Eerlapalli Narasimha v. The State of Telangana

Court: High Court for State of Telangana

Bench: B.VIJAYSEN REDDY

Judgment date: 2024-02-22

Case summary

High Court for State of Telangana judgment dated 2024-02-22. Eerlapalli Narasimha v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

[ 3183 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION NO: 33727 OF 2023 Between: 1. Eerlapalli Narasimha, S/o Pentaiah, aged about 74 yearc, Occ ; Agriculture, R! /o H. No. 3-55, Pocharam Village, lbrahimpatnam Mandal, Ranga Reddy District. 2. Eedapalli Sathaiah, S/o Pentaiah, aged about 62 years, Occ ; Agriculture, Rl/o H. No. 3-90, Pocharam Village, lbrahimpatnam Mandal, Ranga Reddy District. 3. Eedapalli Babulu, S/o Pentaiah, aged about 51 years, Occ ; Agriculture, Fi,/o H. No. 3-54, Pocharam Village, lbrahimpatnam Mandal, Ranga Reddy District. 4. Eerlapalli Anjaiah, S/o S/o Pentaiah, aged about 48 years, Occ ;Agriculture, ' Rl/o H. No. 4-2, Pocharam Village, lbrahimpatnam Mandal, Ranga Reddy District ..... PETITIONERS AND 1 .

The State of Telangana, Revenue Department, Secretariat, Secretariat Building, Secretary, Hyderabad, Rep. by its Principal Secretary. 2. The Chief Commissioner Land Administration'(CCLA), Telangana State, O/o Opp. Annapurna Hotel, Nampally Station Road, Abids, Hyderabad. 3. The District Collector, Ranga Reddy, Ranga Reddy District. 4. The Revenue Divisional Officer, lbrahimpatnam Division, Ranga Reddy District. 5. The Tahsildar, lbrahimpatnam Mandal, Ranga Reddy District. ..... RESPONDENTS 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 order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No. 3 to 5 in non-considering the representation of the petitioner on 1Ol5l2O23 and non-initiating to delete the I I I -4i land from the prohibition rist in respect of the rand .

rst of the petitioners rand in sy No 255/12lEE2 to an extent of Ac. o. o150 gts and Sy. No. 255/c/1 to an extent of Ac. o. 10 gts, 2nd petitioners land in Sy. No. 2 ssl12tEE3 to an extent of Ac. 0. 150 gts' sy. No. 255rCr2 to an extent of Ac. 0. 10 gts, the 3rd petitioner,s rand in Sy' No. 255/12i EE 1 to an extent of Ac. 0. 0150, Sy. No. 255/C/4 to an extent of Ac. O. 10 gts and the 4th petitioner's rand in sy. No. 2s5r12tEE4 to an extent of Ac. o. 0'150 gts and Sy. No. 255/c/3 to an extent of Ac. 0. 10 gts totaring to an extent of Ac. 1 .

06 gts situated at pocharam Revenue Vi|age, rbrahimpatnam Mandar, Ranga Reddy District, which is alotted to the grandfather of the petitioner prior to the commencement of prohibition of Assigned Lands Act, 1977 and by treating the patta rand of the petitioner is highry ilegar, arbitrary, unconstitutionar, violation of Principres of Naturar Juslice and vioration of Articre 14 and 3oo-A of the constitution of rndia and consequenfly direct the respondent Nos. 3 to 5 to consider the representation of the petitioner on 10/5t2023 and to derete the rand from the prohibition rist in respect of the above agricurture rand of petitioners which is situated at pocharam Revenue Village, lbrahimpatnam Mandal, Ranga Reddy District, which is alotted to the grandfather of the petitioner prior to the commencement of prohibition of Assigned Lands Act, 1977 and by treating the patta land of the petitioner. !. A.

NO:1 OF 2023 Petition Under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct rhe respondent Nos. 3 to 5 to consider the representation of the petitioner on 101512023 and to derete the land from the prohibition rist in respect of the 1st petitioners rand in sy-No. 255t12rEE2 to an extent of Ac. o. o150 gts and Sy. No. 255iCl1 to an extent of Ac. 0. 10 gts, 2nd petitioners land in Sy. No. 255/12lEE3 to an extent of Ac. o. 150 gts, Sy. No. 255 rcr2 to an extent of Ac. 0. 10 gts, the 3rd petitioner's land in Sy. No. 255/12lEE 1 to an extent of 4c. 0. 0150' sy. No. 255/C/4 to an extent of Ac. 0. 10 gts and the 4th petitioner,s rand in sv. No. 2 5sr12rEE4 to an extent of Ac. 0. 0150 gts and sy. No. 255/c/3 to an extent of Ac. 0. 10 gts totaring to an extent of Ac. 1.

06 gts situated pocharam at Revenue village, lbrahimpatnam Mandal, Ranga Reddy District, which is allotted to the grandfather of the petitioner prior to the commencement of prohibition of pending land of the petitioner Assigned Lands Act, 1977 and by treating the patta disposal of the writ Petition' : SRI RAPOLU BHASKAR Counsel for the Petitioners : AGP FOR REVENUE Counsel for the Respondents following ORDER The Court made the a? \ THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITIO N No. 33727 0F 2023 ORDER:(ORAL) This writ petition is filed by the petitioners seeking to declare the action of the rsspendent Nos. 3 to 5 in not considering their representation dated lO. O5. ZO23 for deletion of petitioners, land admeasuring Ac. 0-0150 guntas in Survey No. 255 /12lEE2 and Ac. 0-10 guntas in Survey No. 255lC/l (petitioner No. l), Ac. 0_150 guntas in Survey No. 255l12EE3 and Ac. 0_10 gunras in Survey No. 255lC/2 (petitioner No. 2), Ac. 0_01 50 guntas in Survey No. 255l12lEE1 and Ac.

0_10 guntas in Survey No. 255lC/4 (petitioner No. 3) and Ac. 0-0150 guntas in Survey No. 25 5ll2/EE4 and Ac. O-10 guntas in Survey No. 255lC/3 (petitioner No. 4), respectively, total admeasuring Ac. l_06 guntas, situated at Pocharam Revenue Village, Ibrahimpatnam Mandal, Ranga Reddy District, from the prohibitory lisr, as being illegat, arbitrary and unconstitutional. -.... -- ,,} . f; t. -\ 2. Heard leamed counsel for the petitioners and learned Assistant Government pleader for Revenue appearing for respondents, and perused the material available on record. 3. It is submitted that the ancesror of the petitioners by name Mr. Eerlapalli Mallaiah was the absolute owner and possessor of the land admeasuring Acs. 10-00 guntas in Survey No. 255, situated at Pocharam Revenue Village, Ibrahimpatnarn Mandal, Ranga Reddy District. His name was mutated in the revenue records and he was issued pattadar passbook.

After his death, the land was partitioned among the family members, whereby an extent of Ac. 0_ 0150 guntas in Survey No. 255l12lEE2 and Ac. 0_10 guntas in Survey No. 255lC/1 (petitioner No. l), Ac. 0-150 guntas in Survey No. 255l12lEE3 and Ac. 0-10 guntas in Survey No. 255/C/2 (petitioner No. 2), Ac. 0-0150 guntas in Survey No. 255l12lEEl and Ac. 0-10 guntas in Survey No. 255lC/4 (petitioner No. 3) and Ac. 0- 0150 guntas in Survey No. 255/12lEE4 and Ac. 0-10 guntas in Survey No. 255lC/3 (petitioner No. 4), respectively, total admeasuring Ac. I -06 guntas, were allotted to petitioners ! [e'-towards their share and their names were mutated in the revenue records and they were issued pattadar pass books and title deeds . 4. It is submitted that the land to an extent of Acs. 10-00 guntas was assigned to Mr. Errlapalli Mallaiah in the year 1952 and it is not hit by the provisions ofthe Telangana Assigned Lands (Prohibition of Transfers) Lct, 1977.

However, the respondent authorities have wrongly included the subject land in prohibitory list treating it to be an assigned land, The petitioners intended to sell the land for their personal needs. However, they could not sell the land, as the land is kept in prohibitory properties list. The petitioners made a representation dated 10. 05. 2023 for deletion of their land from the prohibitory list. 5. Learned counsel for the petitioners submitted that on being advised, the petitioners submitted Dharani Application No. 2300163516 dated 14. 12. 2023 for removing the subject land from the prohibitory list. 6. Leamed Assistant Govemment Pleader for Revenue appearing for respondents submitted that appropriate action will be (1 taken on the Dharani Application submitted by the petitioners, in accordance with law. 7. Recording the aforesaid submissions and without going into the merits of the case, the writ petition is disposed of directing respondent Nos.

3 and 5 to consider the Dharani Application No. 2300163516 dated 14. 12. 2023 submitted by the petirioners for deletion of the land admeasuring Ac. 0-0150 guntas in Survey No. 255112lEE2 arrd, Ac. 0-10 guntas in Survey No. 255lC/l (petitioner No. 1), Ac. 0-150 guntas in Survey No. 255l12lEE3 and Ac. 0-10 guntas in Survey No. 255lC/2 (petitioner No. 2), Ac. 0_0150 guntas in Survey No. 255l12lEE1 and Ac. 0_10 guntas in Survey l No. 255lC/4 (petitioner No. 3) and Ac. 0_0150 gunras in Survey No. 255l12lEE4 and Ac. 0-10 guntas in Survey No. 255lC/3 (petitioner No. 4), respectively, total admeasuring Ac. 1_06 guntas, situated at Pocharam Revenue Village, Ibrahimpatnam Mandal, Ranga Reddy District, from the prohibitory list, by issuing notice to all concemed/interested persons, and pass orders, in accordance I with law, within a period of forty five (45) days i from the date of receipt ofa copy of this order. No order as to costs.

) As a sequel thereto, miscellaneous applications, if any, pending in the u,rit petition shall stand closed. SD/. K. SREERAMA MURTHY ASSISTANT R R I //TRUE COPY// s)- SECTION OFFICER To 1. The Principal Secretary, Revenue Department, Secretariat, Secretariat Building, Secretary, State of Telangana at Hyderabad. 2. The Chief Commiisioner Land Administration (CCLA), Telangana State, O/o Opp. Annapurna Hotel, Nampally Station Road, Abids' Hyderabad. 3. The District Collector, Ranga Reddy, Ranga Reddy District. 4. The Revenue Divisional Officer, lbrahimpatnam Division, Ranga Reddy District. 5. The Tahsildar, lbrahimpatnam Mandal, Ranga Reddy District 6. Two CCs to GP For Revenue, High Court for the State of Telangana at Hyderabad. [OUT] 7. One CC to Sri Rapolu Bhaskar, Advocate [OPUC] 8. Two CD CoPies SA GJP a. c) -a C l. rt, ? {s HIGH COURT DATED:22102t2024 STA HE 14: ( t ) ii) 18 IIAH 2IBI C) 1 ,J- , \ /^,. * * ORDER l) F5 r,q1r:H 99 WP. No. 33727 of 2023 DISPOSING OF THE W.

P WITHOUT COSTS. (4'i. , o * . :& I I #"

Source: High Court for State of Telangana. Archive: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.