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Begari Murahari v. The State of Telangana

Court: High Court for State of Telangana

Bench: E.V. VENUGOPAL

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2026-01-20. Begari Murahari v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

[ 32ss l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL WRIT PETITION NO: 1553 OF 2026 Between: 1. Begari Murahari, S/o. Begari Kistaiah, Aged about 44 yearc, Occ. Agriculture, Ri. /o. H. No. 2-73, Kammela, Chevalla, Ranga Reddy District. 2. Begari Ramesh, S/o. Begari Kistaiah, Aged about 43 years, Occ. Agriculture, y Rl/o. H. No. 2-73, Kammeta, Chevalla, Ranga Reddy District. ... PETITIONERS AND 1 The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 The Chief Commissioner of Land Administration, Nampally, Hyderabad 3 The District Collector, Ranga Reddy District, Kongarakolan Village, lbrahimpatnam Mandal, Ranga Reddy District. ...

RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances slated in the affidavit filed therewith, the High Court may be pleased to issue a appropriate writ or direction, more particularly a Writ in the nature of [\/andamus declaring the inaction of the respondents No. 3 in de-listing the schedule property i. e. land admeasuring Ac 0. 38 Gts in Sy No. 102/1A, and Ac 0. 38 Gts in Sy '10211AA No. in total Ac 1. 36 Gts situated at Kammeta Village, Chevella Mandal, Ranga Reddy District from prohibitory list as illegal, arbitrary and unconstitutional and consequently direct the 3rd Respondent to delete the schedule prope(y i. e. land admeasuring Ac 0. 38 Gts in Sy No. 102i'1A, and Ac 0. 38 Gts in Sy No. 10211AA in total Ac 1. 36 Gts situat6d at Kammeta Village, Chevella ft/andal. Ranga Reddy District from the List of Prohibited Properties maintained under section 22A of lndian Registration Act 1 908 by Revenue Authorities aid.

lA NO: 1 OF 2O26 Petition under Section i 51 cpc praying . r that in the ci Lrmstances stated in the affidavit filed in support of the petition, the High court mz, be pleased to issue interim direction to the respondent no. 2 and 3 to forthwith p. ( cresis the application of the petitioners dated. 11lo6l2o2s made to respondent r r . 2 and pending 3. disposal of the writ petition Counsel for the Petitioners: MS. AYESHA HUMERA, REPRI: ;ENTING M/S RAJAGOPALLAVAN TAYI Counsel for the Respondents: MS. SNEHITHA, AGp FOR R: /ENUE The Court made the foltowing: ORDER - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRT JUSTICE E. V. VENUGOPAL WRIT PETITION No. 1553 of 2o26 Dated: 2O. OL. 2O26 Between: Begari Murahari and 1 other . . . Petitioners And The State of Telangana represented by its Principal Secretary, Revenue Department and 2 others ...

Respondents ORDER: This Writ Petition is fiied under Article 226 of Constitution of India seeking the foilowing relief/s:- "... to issue an appropriate wnt or direction, more particularly a Writ in the nature of Mandamus declaring thc inaction of rhc respondents No. 3 in delisting the schcdule property i. c land admeasuring Ac. 0. 38 Gts. in Sy. No. 102/1A and Ac. 0. 38 Cts. in Sy. No. 102/lAA in total Ac. 1. 36 GtS. situated at Kammeta Village, Chevella Mandal, Ranga Reddy District from prohibitory list as illegal, arbitrary and unconstitutional and consequently direct the 3 Respondent to delete the schedule property i e. land admeasuring Ac. O. 38 Gts. in Sy. No. 102/1A and Ac. 0-38 Gts. in Sy. No. 102/lAA in total Ac. 1. 36 Gts.

situated at Kammeta Village, Chevella Mandal, Ranga Reddy District from the List of I'rohibited Properties maintained under scction 22A of Indian Registration Act 1908 by Revenue Authorities and pass such other order/orders as this court may deems fit and proper in the interest ofjustice ... " 2. Heard Ms. Ayesha Humera, learned counsel representing M/ s. Rajagopallavan Tayi, learned counsel for the petitioners artd Ms. Snehitha, learned Assistalt Government Pleader for Assignment for respondents' Perused the record. \ 3. Learned counsel for the petitioners woulc submit that the petitioners have submitted a representatiorr zrdCressed to respondent No. 2 seeking to de list the propertie ; u,hich have been kept under prohibitory list under sectior 212-A of th,e Registration Act. The petitioners are the origin:LJ r:lzfmants to the lands admeasuring Ac. 0. 38 Gts. in Sy. Nc. lOlt, and llA, Ac. 0. 38 Gts in Sy. No. lO2 totally IIAA admeasr rir:g Ac. 1. 36 Gts.

situated at Kammeta village, Chevella -V; r1da1, Ranga Reddy District. In the said process, the rLr rlr:s of the petitioners were mutated in the revenue records, lnd pattadar passbooks and title deeds were issued in. l votrr of the petitioners vide Khata No. 1452 ald 1453. The r:-itioners are 1r the originai claimants of the property, irhe:rein the Government granted patta to the petitioner:; grandfather D. Saianna, in the lzear 1957 under Laoni Rules, 1. 950, which was reflected in Kasara Pahali in respect of tre schedule property, and since then he was in occupation o. !. :re schedule property. Thereafter, upon his demise, the sche < ule: properQz was succeeded by the petitioners father B. KistaLr ]r . rhere the final patta was issued in his name. After the de:t ise of father of the petitioners, the petitioners, being th,r legal heirs succeeded to the schedule property by inh,: 'itance. The J I assigned land was given in accordalce with Laoni Rules, 1950, vide GO Ms. No.

1406 dated26. 07. 1958 read with GO Ms. No. 1724 11959, dated 26. 03. 1959, and the GO Ms. No. 993, dated 13. 10. 1996, and the sarne was reflected in the assignment register. While the case of the petitioners is quite clear, the official respondent has not acted upon the representations made by the petitioners herein to de-list the property. Aggrieved thereby, the present writ petition is filed seeking appropriate directions 4 . Learned Assistant Government Pleader for Assignment submits that the petitioners have filed application under the TM-33 Module and the rules under Bhubharti Act, seeking to de-list the property from prohibitory list. Had the appiication been filed in accordance with the rules, appropriate action would have been taken by the authorities. Hence, he seeks appropriate directions. 5.

Having regard to the submissions of the learned counsel for the petitioners as well as the learned Assistant Government Pleader for Assignment, this Court, without making any observations on the merits or demerits of the case deems it appropriate to direct the petitioners to fi1e al I - approprtate application as per TM 15 Modr le to de-list their property. It is needless to mention that ug on filing of such applications respondent No. 3 shall examinr: thr: same strictly in accordance with lau. ar_rd pass appro. rria te orders by conducting the necessary enquiry and i r terms of GO Ms. No. 9B by foru,arding the case to the thr:e member high level committee to review land records ald nr ma. ge prohibited properties under sectio n 22_A, for condur: ing appropriate proceedings 6 With the above direcrion, this Writ peti ior:. is disposed of. No costs. As a sequel thereto, miscellaneous p: . itions, if any, pending in the Writ petition shall stand closed. s I ; r s rra ,-.. ,o i? 'i? 3,:?

t^ffi //TRUE COPY// tISECTION OFFTCER To, \, '1 . The principal Secreta Revenue Department, lelangana, secret€ uyoera#. r at, rhe State of 2. The Chief Commissio . ,,g,,,ffiii,. ,,r,ffi ffi,,*. J:? t:* H:; :l J;'#", 4 One cc to sri Rajagopalravan Tayi, Advocate topucl u Revenue, Hish lvo""? r"ot court for l"rog,lri",. the state of feransana, at 6. Two CD Copies TJ HIGH COURT DATED:20101t2026 .. A','iAF- 1u . '. iot' /+ -) ,) '1 I O n 1I ORDER L . i :, * -c) WP. No. 1553 of ,'i/ 2026 -. -;r. - FSFr DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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