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High Court for State of TelanganaWP/32255/2023disposed of no costs

Baluri Raju Alias Ramanjan Reddy v. The State Of Telangana

2023-11-23B.Vijaysen Reddy6 pages

[ 31831 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 32255 oF 2023 Between:

Baluri Raju @ Ramanjan Reddy, S/o. Baluri Raji Reddy, Aged 37 Years, Occ. Private.Employee, Rl/o. H.No.5-108, Pedda Demi, Demikalan Village, Tadwai Mandal, Kamareddy District ...PETITIONER AND The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

The District Collector, Kamareddy District,(Erst-while Nizamabad.District) The Tahsildhar, Tadwai Mandal, Kamareddy District ...RESPONDENTS Petition under Article 226 ol 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 Respondent No-2 is included Sy.No. 1481311 an extent of 4c.O2.29 gts, situated at Kankal village Shivar of Tadwai Mandal, Kamareddy District in the Prohibited Property list in Dharani Portal is totally erroneous without there being any reason and wlthout putting the petitioner on notice is highly arbitrary and illegal violation of Article 14,21 and 300-4 of the constitution of India and against the principles of natural justice and consequently direct the respondents to delete petitioner land in Sy.No. 1481311 an extent of Ac.O2.29 gts, situated at Kankal village Shiver of Tadwai Mandal, Kamareddy District from the Dhrani Portal prohibited property list.

I lA NO: 1 OF 2023 Petition under Section 151 of 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 consider Online Dharani application No. 2300029390 dated 301912023 and release the petitioner land in Sy.No. 14\l3l1 an extent of 4c.02.29 gts, situated at Kankal village Shivar of Tadwai Mandal, Kamareddy District from the prohibited property list in the Dhrani Portal, pending disposal of the writ petition.

Counsel for the Petitioner: SRI ANUGU SANJEEVA REDDY Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER

..

HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETIT]ON No.32255 OF 2023 ORDER: (ORAL) This writ petition is filed aggrieved by the action of the respondent authorities, particularly respondent No.2, in not considering Dharani Application No.2300029390 dated 30.09.2023 submitted by the petitioner for removing his land admeasuring Acs.2-29 guntas in Survey No.148/3/1 situated at Kankal Village Shivar, Tadwai Mandal, Kamareddy District from the prohibitory properties list, as illegal, arbitrary and unconstitutional.

2.

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, and perused the material available on record.

3.

lt is claimed that the petitioner is the pattadar and possessor of the aforesaid subject land having purchased the same under registered sale deed bearing document No.1 156 of 1996 dated 18.04.1996. The petitioner was issued pattadar passbook No.150629 vide Khala No.430 and his name was entered in the revenue records. It is also stated that the petitioner's name is being reflected in pahanies. Upon introduction of Dharani web portal, the petitioner was granted new pattadar passbook bearing No"f12210020243 and since then, he has been receiving Rythu Bandhu benefits from the -l i I

.t z BV n-"t W.l'.No.32255 2021 Government. Recently, when the petitioner visited the Primary Agriculture Co-operative Credit Society for crop loan, he came to know that the subject land has been included in the prohibitory properties list. The petitioner submitted Dharani Application No. 2300029390, dated 30.09.2023, for deleting the subject property from the prohibitory list, however the same has not been acted upon, as such, the petitloner is constrained to approach this Court.

4. Learned Assistant Government Pleader for Revenue submitted that appropriate action will be taken on Dharani Application of the petitioner.

5. Recording the aforesaid submissions of the learned Assistant Government Pleader for Revenue, this writ petition is disposed of directing respondent Nos.2 and 3 to consider Dharani Application No. 2300029390 dated 30.09.2023 submitted by the petitioner for removing his land admeasuring Acs.2-29 guntas in Survey No.148/3/1 situated at Kankal Village Shivar, Tadwai Mandal, Kamareddy District from the prohibitory list, by issuing notice to the concerned/interested persons and pass orders in accordance with law within a period of two

(02) months from the date of receipt of a copy of this order. No order as to costs.

J BVI{.J W.P.No.32255 2021 As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.

sD/- P.Ch. NAGABHUSHAMBA ASSISTANT REOIqTRAR //TRUE COPY// $l- -- SECTION OFFICER To,

1. The Principal Secretary' Revenue Department' State of Telangana' Secretariat, HYderabad.

2. The District Collector, kamareddy District' (Erst-while Nizamabad'District)

5. fn" frn.itOhar, Tadwai Mandal, Kamareddy District

4. One CC fo Sri Anugu Sanjeeva Red-dy' Advocate [OPUC] 5 i;; CCs to Gp foiRe;;;ue, High Court for the State of Telangana. [OUT]

6. Two CD CoPies GJ\- crP \-*-

HIGH COURT DATED:2311112023

ORDER

( -r$g STA 16:

WP.No.32255 of 2023 1 4 0Et 2[23 zt, Cti .Ll J + t Drsil Li DISPOSING OF THE WRIT PETITION WITHOUT COSTS