Neela Ramnarsaiah And Another v. The State Of Telangana And 3 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 17075 OF 2022 Betwee n:
'1 . Neela Ramnarsaiah, S/o late Narsaiah, Aged about 77 years, Occ:Agriculture' R/o Jeedikal Village, Lingala Ghanapuram Mandal, Jangaon District
2. Neela Sathyanarayana, S/o Ramnarsaiah, Aged about 38. years, Occ:Agricultuie, R/o Jeedikal Village, Lingala Ghanapuram Mandal, Jangaon District ...PETITIONERS AND
1. The State of Telangana, Rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.
2. The Dist. Collector, Yadadri-Bhuvangiri District, At Bhongir Town Road, Raigiri, Yadadri-Bhuvangiri District.
3. The Revenue Divisional Officer, Bhuvangiri Yadadri-Bhuvangiri District.
4. The Tahsildar, Alair Mandal, Yadadri-Bhuvangiri District ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, direction, more particularly one in the nature of writ of mandamus declaring the inaction of the respondents in removing of Sy.Nos.237iE, 2341E, 232AA, 233lAA and 23BlAA2 situated at Golanukonda Revenue Village, Alair lr/andal, Yadadri-Bhongir District from the prohibited lists is illegal, arbitrary and against the principal of Natural Justice and consequently direct the respondents to remove the Sy.Nos.237lE, 2341E, 232AA, 233lAA and 238lAA2 situated at Golanukonda Revenue Village, Alair Mandal, Yadadri-Bhongir District from the prohibited lists as there is no possibility to make any transaction regarding the said survey numbers as they are in prohibited list.
lA NO: 1 OF 2022 Petition under Section '1 51 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 to remove the Sy.Nos.237lE,2341E,23244,233lAA and 238lAA2 situated at Golanukonda Revenue Village, Alair Mandal, Yadadri-Bhongir District from the prohibited lists, pending disposal of the above writ petition. Counsel for the Petitioner: SRl. PULIMAMIDI SHASHIDHAR REDDY Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.17O75 of 2o22 ORDER:
Heard learned counsel for the petitioners and learned Government Pleader for Revenue appearing for the respondents. With their consent, this writ petition is disposed of at the admission stage.
I 2.
This writ petition is filed seeking a writ of mandamus to declare the action of the respondents in not removing Survey Nos.237lE, 23418, 232lAA, 233lAA and 238/AA2 of Golanukonda Revenue Village, Alari Mandal, Yadadri - Bhongir District, from the prohibited list of properties, as illegal and arbitrary.
3.
The case of the petitioners is that they are the absolute owners and possessors of lands admeasuring Ac.2.ll guntas in Sy.No.232lEE, Ac.0.34 gutnas in Sy.No.233 lA, Ac.t.26 guntas in Sy.No.234lE, Acsc.2.O9 guntas in Sy.No.237/8, Ac,t.29 guntas in Sy.No.238 lAAl2 and Ac.2.lB guntas in Sy.No.23BlA, totaling to Acs. 12.07 guntas situated at Golanukonda Revenue Village, Alair Mandal, Yadadri - Bhongir District. They stated that son of one Neela Yadagiri, who is the son of petitioner No.l herein, and two daughters of Neela yadagiri filed O.S.No.94 of
2o 19 on the file of V Additional District Judge, Bhongir, for cancellation of Relinquishment Deed No'4941 of 2019, dated 10.01.2019 and in the said suit, temporary injunction was granted in I.A.No.49O of 2019. They further stated that in view of the said injunction that was granted in I'A No'49O of 20 19' the subject lands were included in the prohibited list of properties lt is further stated that the said injunction order granted in I.A.No.490 of 20 19 was vacated on Ol 12'2021 Thereafter' the petitioners herein approached the respondents for deletion of their lands from the prohibited list, but the respondents have not considered their request and the subject lands are continued in the prohibited list of properties.
4.
Learned counsel for the petitioners submitted that there are no orders passed by any competent authority restraining the petitioners from dealing with the subject lands' 5.LearnedGovernmentPleaderforRevenue,oninstructions' L submits that the subject lands were included in the prohibited I list of properties by virtue of orders in IANo490 ot 2019 and also admitted that the said injr.rnction granted in the said application was already vacated subsequently' However' it is stated that the said lands are being continued in the prohibited list of properties as the main suit in O S No'94 of 2019 is
pending and that appeal in S.A.SR.No.16553 of 2015 is pending before this Court and tried to justify in continuing the properties of the petitioners in the prohibited list.
6.
Having considered the written instructions submitted by the Tahsildar, Yadadri - Bhongir, respondent No.4, this Court is of the considered view that mere pendency of O.S.No.94 of 2019 or S.A.SR.No.16553 of 2015 is not a ground to enable the ,l respondents to continue or include the subject lands of the petitioners in the prohibited list of properties and such action of the respondents is nothing but depriving the rightful owners from enjoying their properties and also violative of Article 300-4 of the Constitution of India.
7.
In the light of the above, this writ petition is allowed directing the respondents to delete the subject lands of the petitioners from the prohibited list of properties within a period of three weeks from the date of receipt of a copy of this order. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
SD/-B.SATYAV I //TRUE COPY// ASSISTANT REGISTRAR ( i', SECTION OFFICER To,
1. The Principal Secretary, Revenue Department' State of Telangana' Secretariat, HYderabad.
The Dist. Collector, Yadadri-Bhuvangiri District, At Bhongir Town Road' Raigiri, Yadadri-Bhuvangiri District'
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3. The Revenue Divisional Officer, Bhuvangiri yadadri-Bhuvangiri District.
4. The Tahsildar, Alair IVlandal, Yadadri-Bhuvangiri District
5. One CC to SRl. PULIMAMIDI SHASHTDHAR REDDY Advocate tOpUCl
6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. louTl
7. Two CD Copies.
B. One Spare Copy.
GB \ t--
HIGH COURT DATED:0610412022 ta, o.
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ORDER
WP.No.17075 o12022 DISPOSING OF THE WP WITHOUT COSTS @