Smt. Bitla Komuramma And 2 Others v. State Of Telangana And 4 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRIJUSTICE A,ABHISHEK REODY wRtT PET|T|ON NO. 18381 0F 2021 Between:

1. Smt. Bitla Komuramma, W/o late B.Narsimha Ramulu, Age- 80 years, OccHouse wife, Rl/o H.No. 2-26, Sangem Mandal and Village, Warangal District

2. Smt. B.Upendramma, W/o late Sayanna, Age- 64 years, Occ- House wife, Rl/o Sangem Village and Mandal, Warangal District.

3. Smt. Kandula Prameela, Wo late Pichireddy, Age- 66 years, Occ- Agriculture, R/o H.No. 3-1 12, Muthagudem, Khammam District. ...PETITIONERS AND

1. State of Telangana, Rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad

2. The District Collector, Medchal, Malkajgiri District,

3. The Revenue Divisional Officer, Kapra Division, Malkajgiri District.

4. The Tahasildar, Kapra Mandal, Malkajgiri District.

5. The Sub-Registrar, Shamirpet, Medchal-Malkajgiri District, Hyderabad. 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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents Nos. 1 to 4 in keeping the Petitioners plots bearing plot Nos. 342, 343 and 197, in Block No/Survey No. 9951000, 1005-1008 situated at Jawaharnagar, Kapra Mandal, Medchal Malkajgiri District in prohibited properties list as illegal and arbitrary and also declare the action of Respondents Nos. 2 and 4 in not issuing the NOCs (No objection certificates) to the Petitioners to sell away their plots bearing plot Nos. 342, 343 and 197, in Block No/Survey No.

995- 1000, 1005-1008 situated at Jawaharnagar, Kapra Mandal, Medchal Malkajgiri District which were allotted to the Petitioners vide patta Nos. RDO (EAST) No. 8212020/98, dated 15.08.1998 and 15.08.2004 as illegal, arbitrary and against to the Principles of Natural Justice and violative of Articles 14,21 and 300A of Constitution of lndia and direct the Respondents to issue NOCs to the Petitioners to sell away their house sites/plots bearing plot Nos. 342, 343 and 197, in Block No/Survey No.

Mandal, Medchal Malkajgiri District and also direct the Respondent No.5 to register zale deed in respect of their plots.

O:1 OF 2021 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 Respondent No.2 and 4 to consider the Representations of the petitioners dated 01 .03.2021 for issuance of Nocs to sell away their house sites/plots bearing plot Nos.342,343 and 197, in Block No/Survey No.99S - 1000, 1005-1OOg situated at Jawaharnagar, Kapra Mandal, Medchal Malkajgiri District pending disposal of the above writ petition.

IA oF 2021 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 Respondent No.5 to register the sale deeds to be presented by in respect of their house sites/plots bearing plot Nos. 342, 343 and 197, in Block No/Survey No. 995 - 1000, 1005-1008 situated at Jawaharnagar, Kapra Mandal, Medchal Malkajgiri District pending disposal of the above writ petition. Counsel for the Petitioner: SRI p. GlRl KRISHNA Counsel for the Respondents: Gp FOR REVENUE The Court made the following: ORDER

THE HON'BLE SRI JUSTICE A.ABI{ISHEK REDDY TVRIT PETITION No.18381 of2O21 ORDER:

Heard the learned counsel for the petitioners and the learned !

Government Pleader for Revenue for all the respondents. With their consent, the Writ petition is disposed of at the admission stage.

Aggrieved by the action of respondents in keeping the subject plots of the petitioners situated at Jawaharnagar, Kapra Mandal, Medchal Malkajgiri District, in the list of prohibited properties, the present writ petition is filed. Learned Government pleader for Revenue states that if the petitioners make fresh representation/ s, the same will be considered and necessary orders will be passed by the authorities concerned, in accordance with law.

Having regard to the above made submission, without going into the merits or demerits of the case, the Writ petition is disposed of directing the petitioners to make fresh representation/ s before respondent No,2 seeking to delete the subject plots from the list of prohibited properties, within a period of two weeks from the date of receipt of a copy of this order. On such representation / s being filed, respondent No.2 shall pass necessary orders thereon, strictly in accordance with law, as expeditiously as possible, preferably, within a period of eight weeks thereof, duly putting all the interested parties on notice and considering the objections, if any. A copy of the order likely to be passed by respondent No.2 shall be communicated to the petitioners.

The miscellaneous petitions pending' if any'

shall stand closed. There shall be no order as to costs'

SD/.K.SAILESHI ASSISTANT REGISTRAR ,TRUE COPY// SECTION OFFICER To,

1. The Principal Secretary, Revenue Department' State of Telangana' Secretariat' Hvderabad z if, E "ol'i n.t c o I I e cto r, Y "3,i,:3t. U3 5..? nol,'"l;tl llr., * j s i ri D i st ri ct

3. The Revenue Drvisional ; +# T;h;;ild;i Kapra Mandal, Malkajsiri District . .

5. rhe Sub-Res ist'ar, shan;;ffi ^dd;Iii]:|LE$ajsiri District' Hvderabad a. one CC to Sii P Giri Krishna, Advocale [uruu]-

7. Two CCs to GP for ilffihG'H'fi'6outt'fo' the State of Telangana at Hvderabad. [OUT] S. Tivo CD CoPies.

9. One SPare CoPY \.bz \ MP anv

HIGH COURT DATED:17 t11t2021 1nE 5 ial6.

( )-(,:

ORDER

aJ ? I N0l,?fPt --{) WP.No.18381 <tf 2021 JJ:;c - DISPOSING OF THE WRIT PETITION WITHOUT COSTS o*$"