Nallavally Madhava Reddy v. The State Of Telangana
[ 3183 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 32921 OF 2023 Between:
Nallavally Madhava Reddy, S/o. Nallavally Veera Reddy, Aged about 48 years Occ: Cultivation, Fl/o. H.No.2-5'l , Aspalli Guda, Shabad, Shabad, Rangareddy Telangana ...pETrroNER AND
1. The State of Telangana, Revenue Department Rep. by its Principal Secretary, Secretariat Buildings, Hyderabad.
2. The District Collector, Rangareddy Rangareddy District. ...RESPONDENTS Petitlon 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 an appropriate Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd respondent in not considering the application No. 22O0104723. dt 26. 12. 2022 for removing the land admeasuring Ac 4. 0200 Gts in Sy No 4931E12. situated at Shabad (v) and (M) Rangareddy District from prohibited list from dharani portal as arbitrary illegal and contrary to provisions of Telangana Rights in Land and Pattadar Pass Books acl2020.
lA NO: 1 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 2nd respondent to forthwith consider the representation dated 26. 12- 2022 pending disposal of the writ petition.
Counsel for the Petitioner: SRI SHARAD KUMAR BISAWA Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: ORDER
HONOURABLE SRI JUST]CE B. VIJAYSEN REDDY WRIT PETITION No.32921 OF 2023 ORDER:(ORAL) This writ petition is filed by the petitioner to declare the action of respondent No.2-District Collector, Rangareddy District, in not considering Application No.2200104723 dated 26.12.2022 for removing the land admeasuring Acs.04-0200 guntas in Survey No.493/E/2 situated at Shabad Village and Mandal, Rangareddy District, from the prohibited properties list in Dharani Portal, as arbitrary and illegal.
2.
The petitioner claims to be the absolute owner and possessor of the subject land admeasuring Acs.04-0200 guntas in Survey No.493/E/2 situated at Shabad Village and Mandal, Rangareddy District, on the strength of e-pattadar passbook bearing No.T05220201592 having Khata No.3414 dated 02.05.2018. lt is submitted that the petitioner was earlier issued manual passbook bearing No.205911 with patta No.5911 and his name was mutated in the revenue records vide proceedings No. G|11312011 dated 26.01 .2012. While so, the petitioner verified Dharani Portal and it was found that his land was shown in prohibitory list, as such, he submitted application No. 2100095137 dated 29.10.2021 for deleting the subject land from the prohibited properties list. lt is stated that on such , a'
i
rc h BVR.J w.P.No.3292l 2021 application, respondent No.2 deleted the subject land from the prohibited properties list. However, again in December, 2022, surprisingly, the subject land was again shown as "Prohibited for trbnsaction" and, thereby, the petitioner submitted Dharani Application No.2200104723, dated 26.12.2022, for deletion of his land from the prohibited properties list, but the same is not yet being considered and there is inordinate delay on the part of respondent No.2 in considering the said Dharani application. Hence, the petitioner is constrained to approach this Court 3.
The Tahsidar, Shabad Mandal, Rangareddy District, is suo moto impleaded as respondent No.3 in this writ petition. 4.
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, and perused the material available on record.
5.
Learned Assistant Government Pleader for Revenue submitted that appropriate action will be taken on Dharani application of the petitioner.
6.
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.22OO1O4723 dated 26.12.2022 submitted by the petitioner for
J BVR,J W.P.No.3292l 2023 deletion of the subject land admeasuring Acs.O4-0200 guntas in Survey No.493/E/2 situated at Shabad Village and Mandal, Rangareddy District, from the prohibited properties list in Dharani Portal, by issuing notice to ail the concerned/interested persons and pass orders in accordance with raw within a period of two (02) months from the date of receipt of a copy of this order. No order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
r s D/- N. c H$LDffi i.J[tt&[tR //TRUE COPY/I vt.'
SECTION OFFICER To 1. The Principal Secretary, Secretariat Buildings' Hyderabad, State of Telangana, Revenue DeParlment.
2. The Districi Collector, Rdngareddy Rangareddy District
5. o;ec b sdl sHARAD (utuna BlsAWA, Advocate [oPU-c-] ;. iil cciio ci ron REVENUE, High court for the State of Telangana, at Hyderabad. [OUT]
5. Two CD Copies f5",- PS CJ
HIGH COURT DATED:0511212023 l i l I I
ORDER
WP.No.32921 of 2023 I 1t\E STA 14:
I ci 1E oEc zon 't,:
* DISPOSING OF THE WRIT PETITION WITHOUT COSTS.
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