Umaleti Prasad v. The State Of Telangana
[ 3168 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION NO: 10133 OF 2023 Between:
Umaleti Prasad, S/o Shaskr, Aged about 52 yrs, Occ. Farmer, R/o. Tirthala, Khamam Rural, Khammam.
...PETITIONER AND
1. The State of Telangana, Rep.by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.
2, The District Collector, Khammam District3- The Tahsildhar, Khammam Rural and 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 any writ order/s or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.2 in blocking the land of the petitioner admeasuring Ac 9.39 Gts in 620/4/l(3/1/'1 , Thirthala Village, Khammam Rural Mandal, Khammam District as being illegal, arbitrary and unconstitutional and consequently directing the respondent No.2 to unblock the land of the petitioner admeasuring Ac 9.39 Gts in 620/tu1(3/1/1 , Thirthala Village; Khammam Rural Mandal, Khammam District.
lA NO: 1 OF 2023 Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may.be pleased to direct the respondent No.2 to unblock the land of the petitioner admeasuring Ac 9.39 Gts in 620lNK13l1l'1 , Thirthala Village, Khammam Rural Mandal, Khammam District, pending disposal of the writ petition.
lA NO: 2 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 to direct the respondents not to interfere with the agricultural activities like cleaning of bushes, digging of pits for plantation and levelling the land in respect of the land of the petitioner admeasuring Ac 12.39 Gts in Sy. Nos. 609/41/'1l'1 and in 620lNK3l1l1, Thirthala Village, Khammam Rural Mandal, Khammam District, pending disposal of the writ petition.
Counsel for the Petitioner: SRI V. VENKATA MAYUR Counsel for the Respondents: SRI J. AMRUTH RAO, ASST. GP FOR REVENUE The Court made the following: ORDER
HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITIONNo.10133 of2023 /"
ORDER:
Heard Sri V. Venkata Mayur, learned counsel for the petitioner and Sri J.Amruth Rao, leamed Assistant Govemment Pleader for Revenue appearing for the respondents 2.
The petitioner herein is claiming that he is the absolute owner and possessor of land admeasuring Ac.12.39 Guntas in Sy.Nos.609lAlllll and in 620/A/W3l1/l situated at Theerthala Village, Khammam Rural Mandal, Khammam District. ln proof of the same, he has filed copies of latest Pattadar Passbook and also Dharani status. The subject property is mentioned in prohibitory list. Therefore, he has submitted written representation with respondent No.2 with a request to delete the subject land from the prohibitory list. However, Sri V. Venkata Mayur, leamed counsel for the petitioner would submit that when petitioner tried to submit an online application, it was not accepted on the ground that there was no option in the Dharani Portal. Therefore, petitioner had submitted written representation. Despite receiving and acknowledging the same, he did not act upon the same. Therefore, the present writ petition. 3.
Leamed Assistant Government Pleader for Revenue would submit \ I that the petitioner has to submit online application with respondent No.2 I I i I \ I
as per CCLA's Circular No.l/2021, dated l5-01-2021 and respondent No.2 will consider the same and pass appropriate orders in accordance with law.
4.
In view of the above submission, this writ petition is disposed of granting liberty to the petitioner to submit online application in terms of CCLA's Circular No.1/2021, dated 15-01-2021 with respondent No.2 with a specific request to delete the subject land from prohibitory list. On submission of such online application, respondent No.2 shall consider the same in accordance with larv also the instructions issued by Chief Secretary and CCLA's Ref.No.CMRO1369l12022 dated 03.1 1.2022, and pass appropriate order by putting the petitioner and affected parties on notice and affording them an opportunity. If, the 2"d respondent is not inclined to accept the request made by the petitioner, he shall assign specific reasons and pass a reasoned order and communicate copy of the said order to the petitioner. He shall complete the entire exercise within eight (08) weeks from the date of making of the said online application. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. No costs.
SD/-A.V,S. P ASSISTANT REGI AD R To, tffRUE COpyil SECTION FFICER Revenue Department, The State of Telangana, 1 The principal Secreta ry, Secretaria Hyderabad The District Collector Khammam District The Tahsildhar, Khammam Rural and District One CC to SRt V VENKATA MAYU Two CCstocpFO tou 4.
5.
6.
R REVEN th Court for R, Advocate PUC State of Telangana l UE, HI to the Tworl CD Copies \ \* BN r ;lir},r - .: i8S
I t HIGH COURT DATED:1310412023 i.
,?- cI o 1: ..\ .t 'I 21 [3t ?E?1
ORDER
WP.No.10133 of 2023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I I i J I \S1 .* k 5'1r I