Eerlapalli Achamma 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 Achamma 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 N o:33782 OF 2023 Between: Eerlap-alli- Achamma, wo Buchaiah, aged gg about years, occ ; Agricurture, FUo '-' H. No. 3-58, Pocharam Viilage, tbrahimpa"tnam '" Mandai, ha"gi n"Jov oiiiili. ..... PETITIONER AND 1 The Statlof Telangana, Revenue Department, Secretariat, Secretariat uuttdrng, Secretary, Hyderabad, principal Rep. by its Secretary. 2. - The chief commissioner. Land Administration (ccLA), Terangana state, o/o - Opp. Annapurna Hotet, Nampally Station ---' - Road, nUlOs, ffyOeriOrA. - 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 rndia 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 df the petitioner on 10. 5. 2023 and non-initiating to delete the land from the prohibition list in respect of the land of the petitioner,s land in sy. No. 255/12lU to an extent of Ac. 0. 18 gts and sy. l. {o. 255/F to an extent of Ac. 1 . o0 gts totaling to Ac. 1 . 18 gts situated at pocharam Revenue Village, lbrahimpatnam Mandar, Ranga Reddy District, which is aflotted to the grandfather of the petitioner prior to the commen@ment of prohibition of .
Assigned Lands Act, 197r and by treating the patta land of the petitioner is highly illegal, arbitrary u nconstitutio nal, violation pranciples of of Natural Justice and violation of Article 14 and 300-A of the constitution of lndia consequently 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 respect of the land of the petitioner's land in sy. No. 255/1 2tu lo an extent Ac. o. 18 gts and Sy. No. 255/F to an extent of Ac.. l . 00 gts totaling to Ac. 1. 1g situated at Pocharam Revenue Village, lbrahimpatnam Mandal, Ranga Reddy District which is allotted to'the grandfather of the petitioner prior to commencement of prohibition of Assigned Lands Act, 1977 and by treating patta land of the petitioner. I. A.
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 court may be pleased 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 of the petitioner's land in Sy. No. 255/12tU to an extent of Ac. 0. 1g gts Sy. No. 255/F to an extent of Ac. 1. 00 gts totaling to Ac. 1. 1B gts, situated Pocharam Revenue village, lbrahimpatnam Mandal, Ranga Reddy District which is allotted to the grandfather of the petitioner prior to the commencement prohibition of Assigned Lands Act, 1971 and by treating the patta land of petitioner pending disposal of the writ petition. Counsel for the Petitioner : SRt RAPOLU BHASKAR Counsel for the Respondents : AGP FOR REVENUE The Court made the following ORDER THE HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.
782 0F 2023 ORDER: (ORAL) This writ petition is filed by the action of the "ggrieved respondent Nos. 3 to 5 in not considering the representation of the petitioner dated 10. 05. 2023 for deletion of the land admeasuring Ac. 0-18 guntas in Survey No. 255/l2N atd, Ac. 1-00 guntas in Survey No. 255lF, total admeasuring Ac. l-lg guntas, 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 petitioner and leamed Assistant Government pleader for Revenue appearing for respondents, and perused the material available on record. 3. It is submitted that the ancestor of the petitioner by name Mr. Eerlapalli Mallaiah was the absolute owrrcr and possessor of the land admeasuring Acs. 10-00 guntas in Survey No. 255, situated at Pocharam Revenue Village, Ibrahimpatnam Mandal, Ranga i" r\- Reddy District. His name was mutated in the r.
evenue records and he was issued pattadar passbook. After his death, the land was divided among the family members, whereby an extent of Ac. O-lg guntas in Survey No. 255ll2N and, Ac. l-00 guntas in Survey No. 255lF, total admeasuring Ac. l-18 guntas, was allotted to the petitioner towards her share and her name was mutated in the revenue records and she was issued pattadar pass book and title deed. 4. It is submitted that the land to an extent of Acs. l0_00 guntas was assigned to Mr. Errlapalli Lingaiah in the year 1952 and it is not hit by the provisions of the Telangana Assigned Lands (Prohibition of Transfers) Acq 1977. However, the respondent authorities have wrongly included the subject land in prohibitory list treating it to be an assigned land. The petitioner intended to sell the subject land for her personal needs. However, she could not sell the land, as the land is kept in prohibitory properties list. The petitioner made a representation dated 10. 05.
2023 for deletion ofher land from the prohibitory list. J 5. Leamed counsel for the petitioner submitted that on being advised, the petitioner submitted Dharani Application No. 2300163520 dated 14. 12. 2023 lor removing the subject land frbm the prohibitory list. I \ 6. Learned Assistant Govemment Pleader for Revenue / appearing for respondents submitted that appropriate action will be taken on the Dharani Application submitted by the petitioner, 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. 2300163520 dated 14. 12. 2023 submitted by the petitioner for deletion of the land admeasuring Ac. 0- l8 guntas in Survey No. 255/l2N and Ac. l-00 guntas in Survey No. 255lF, total admeasuring Ac.
l-18 guntas, situated at Pocharam Revenue Village, Ibrahimpatnam Mandal, Ranga Reddy District, from the prohibitory list, by issuing notice to all concerned/interested persons, and pass orders, in accordance with law, within a period N of forty five (45) days from the date of receipr 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. V. S. PRASAD ASSISTANT REGIS //TRUE COPY// SECTI OFFICER To 1. The Principal Secretary, Revenue Department, Secretariat, Secretariat Building, Secrelary, State of Telangana at Hyderabad. 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. 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 "\ Y HIGH COURT DATED:2210212024 THE SI4 14: ( ORDER \. f WP. No. 33782 ot 2023 o 15 fiAn znn . d+ * * sPATC HE9 DISPOSING OF THE W. P WITHOUT COSTS. X..
Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.