Eerlapalli Bhaskar v. The State of Telangana
Court: High Court for State of Telangana
Bench: B.VIJAYSEN REDDY
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-02-22. Eerlapalli Bhaskar v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
[ 31831 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY ,THE TWENTY SECOND DAY OF FEERUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PET ITION NO: 33738 OF 2023 Between: 49 Occ. 1 Eerlaoalli Bhaskar, S/o Late Lakshmaiah, aged about years, Village, lbrahimpatnam Mandal, Agriculture, Rl/o H. No. 3-10712, Pocharam Ranga Reddy District. aged 42 years, 2 Eerl5oalli Sudhakar, S/o Late Lakshmaiah, about Occ. Agriculture, Rl/o H. No. 3-107/1 , Pocharam Village, lbrahimpatnam Mandal, Ranga Reddy District. ... PETITIONERS AND Secretariat 1. The State of Telangana, Revenue Department, -Secretariat, Buildino. Secretary. Hvderabad, Rep. by its Principal Secretary. 0/o 2. ih;-blii'"i Commissioner Land Admini3tration (CCLA), Telangana State, Hyderabad' Opp. Annapurna Hotel, Nampally Station Rold, Abid-s' 3. tre Olstrict Collector, Ranga Reddy, Ranga Reddy District. - -nevenue -Officer, Ranga Reddy 4.
fHe Divisional lbrahimpatnam Division, District. Reddy District' 5. The Tahsildar, lbrahimpatnam Mandal, Ranga ... RESPONDENTS of lndia Petition under Article 226 of the constitulion 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 lhe nature of writ of Mandamus declaring the action of the respondent No. 3 to 5 in non-considering the representation of the petitioner on 10. 5. 2023 and non-initiating to delete the land from the prohibition list in respect of the land of the 1st petitioners land in Sy. No. 255/12lAA/1 to an extent of Ac. o. 09 gts and 2nd petitioner's land in Sy. No. 255/12l AAl2 to an extent of Ac. 0.
09 gts situated at Pocharam Revenue is allotted to the Village, lbrahimpatnam Mandal, Ranga Reddy District, which grandfather of the petitioner prior to the commencement of prohibition of Assigned Lands Act, 1977 and by treating the patta land of the petitioner is of Principles of Natural Justice highly illegal, arbitrary, unconstitutional, vioiation and violation of Article 14 and 300-A of the Constilution of lndia and consequently direct the respondent Nos. 3 to 5 to consider the representation of the petitioner on 10. 5. 2O23 and to delete the land from the prohibition list in respect of the land of the 1st petitioner's land in Sy. No. 2 S'll2lAAtl to an extent of Ac. 0. 09 gts and 2nd petitioner's land in Sy. No. 255/1 2/ AA/2 to an extent of Ac. 0. 09 gts situated at Pocharam Revenue Village, lbrahimpatnam Mandal, Ranga.
Reddy District, which is allotted 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 lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cou( may be pleased to direct the respondent Nos. 3 to 5 to consider the representation of the petitioner on 10. 5. 2023 and to delete the land from the prohibition list in respect of the land of the 1st petitioner's land in Sy. No. 255l12lAAl1 to an extent of Ac. 0. 09 gts and 2nd petitioner's land in Sy. No. 255/'l 2/AAl2 to an extent of Ac. 0. 09 gts situated at Pocharam Revenue Village, lbrahimpatnam Mandal, Ranga Reddy District, which is allotted 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 pending disposal of the writ petition Counsel for the Petitioner: SRl. RAPOLU BHASKAR ,l Counsel for the Respondents: AGP FOR REVENUE I The Court made the following: ORDER THE HONOURABLE SRIJUSTICE B. YIJAYSEN REDDY WRIT PETITION No. 33738 oF 2023 ORDER: (ORAL) This writ petition is filed aggrieved by the action of the respondent Nos. 3 to 5 in not considering the representation of the petitioners dated 10. 05. 2023 for deletion of the land admeasuring Ac. 0-09 guntas each in Survey No. Z55ll2lANl and Survey No. 255ll2lAN2 of petitioner Nos. l and 2 respectively, situated at Pocharam Revenue Village, Ibrahimpatnam Mandal, Ranga Reddy District, from the prohibitory list, as being illegal, arbitrary and unconstitutional. 2. Heard leamed counsel for the petitioners and learned Assistant Govemment Pleader for Revenue appearing for respondents, and perused the material available on record. 3. It is submitted that the grandfather of the petitioners by name Mr.
Eerlapalli Mallaiah was the owner and igbsolute possessor of the land admeasuring Acs. l0-00 guntas in Survey No. 255, situated at Pocharam Revenue Village, Ibrahimpatnam Mandal, Ranga Reddy District. His name was mutated in the revenue records and he was issued pattadar passbook. That prior to his death, the grandfather of the petitioner partitioned the property, whereby an extent of Acs. 5_00 guntas was allotted to his brother by name Mr. Eerlapalli Lingaiah and he continued to have patta and possession over the remaining extent of Acs. 5_00 guntas. 4. It is stated that the said land to an exrent of Acs. 5_00 guntas was devolved on petitioners and otheromer ". ' fi thmitv members, after rhe death of *. uJ,. ,;, :, . Mallaiah' The petitioner Nos'l and 2 were arotted * tent of Ac. 0_09 guntas "*tt'u'u"' each towards their share and their names were mutated in the revenue records and they were issued paftadar pass books and title deeds. 5.
It is submitted that the land to an extent of Acs. l0_00 guntas was assigned to Mr. Errlapalli Mallaiah in the year 1952 and it is not hit by the provisions of,the Telangana Assigned Lands o (Prohibition of Transfers) Act, 1977. However, the respondent authorities have wrongly included the su bject land in prohibitory list treating it to be an assigned ,* petirioners inrended 'i1 to -'7 sell the land for their personal needs. However, they could not sell the land, as the land is kept in prohibitory properries list. The petitioners made a representation dated 10. 05. 2023 for deletion b of their land from the prohibitory list. 6. Leamed counsel for the petitioners subrnitted that on being advised, the petitioners submitted Dharani Application No. 2300163527 dated 14. 12. 2023 for removing the subject land from the prohibitory list. I I 7.
Leamed Assistant Govemment pleader for Revenue appearing for respondents submitted that appropriate action will be taken on the Dharani Application submitted by the petitioners, in accordance with law. 8. 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. 2300163527 dated, 14. 12. 2023 submitted by the petitioners for deletion of the land admeasuring Ac. 0_09 guntas each in Survey No. 255/l2lANl and Survey No. 255/l2lAN2 of petitioner Nos. l #t t and 2 respectively, situated pocharam at Revenue Village, Ibrahimpatnam Mandal, Ranga Reddy District, from the prohibitory list, by issuing noticd to all concerned/interested persons, and pass orders, in accordance with law, within a period of forty five (45) days from the date of receipt of a copy of this order. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition shall stand closed. SD/. A. PRATHIMA ASSISTANT GIS //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Depa(ment, Secretariat, Secretariat Building, Secretary, Hyderabad, 2. The Chief Commissioner Land Administration (CCLA), Telangana State, 0/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 SRl. RAPOLU BHASKAR, Advocate [OPUC] 8. Two CD Copies BM GJP i , s a ? -3 f o l HIGH COURT DATED:2210212024 (r. ilrE S14 I o € t e i) + o lJ 10 ilnB z 202t a * * Spa rCti ORDER WP. No. 33738 of 2023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS t\D*" 1X I
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