WP/35104/2023 of Chava Satyanarayana Vs The State of Telangana on 29 December 2023

[ [31831]

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)

FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRI JUSTICE B. VIJAYSEN REODY

WRIT PETITION NO:35104 OF 2023

Between:

Chava Satyanarayana, S/o Hanumaiah Aged 71 years occ: Rtd. Employee r/oH.no.6-2-129 Modal House, Jammibaniia bazAar, Khammam, KhaformamDistrict.

...PETITIONER

AND

1The State of.Telangana, Rep. by Principal Secretary, Revenue Departrnent,Secretariat, Hyderabad.Secretariat, Hyderabad.

2The Chief Commissioner of Land Administration, State of Telangana, atHyderabad.Hyderabad.

3The District Collector, Bhadradri Kothagudem Diskict. At Kothagudem.

4The Revenue Divisional Officer, Kothagudem, Bhadradri Kothagudem District.

5The Tahasildar, Aswaraopet Mandal, Bhadradri Kothagudem District

...RESPONDENTS

Petition under Article 226 of lhe Constitution of lndia praying that in thecircumstances stated in the affidavit filed ttrerewith, the High Court may bepleased to issue Writ or direction preferably Writ of mandamus. declaring theaction of the respondent nos. 2 to 5 in not taking action on the representatiofld1.16-1O-2023 submitted by the petitioner to delete his land total Ac.19-39 gts.,i.e. Ac.9-39 gts., in Sy.no.108/32 and Ac. 10-00 in Sy.no.108/34 situated atAswaraopet Revenue Village and Mandal, Bhadradri Kothagudem District, fromthe prohibitory list and issue digital pass book for the subject land, as illegal,arbitrary and violative of principles of natural .justice and consequently direct therespondent nos.2 to 5 to delete the land of the petitioner from the prohibitory listand issue digital pass book in favour of the petitioner, lA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may be pleased todirect the respondent nos.2 to 5 to cons,ider and dispose of the representationsubmitted by the petitioner dt.16-10-2023 with regard to deletion of land from the prohibitory list and also for-issue of digital pass book in favour of the petitioner inrespect of the land total Ac..lg-39 gts., i-e Ac.9_39 gts., in Sy.no.iOglSZ;nOAc.10-00 in sy no-108/34 situ.ated ai Aswaraopet Revenue viflage and Mandar,Bhadradri Kothagudem District, pending disposar of the writ [-petition ]in iheinterest of justice.

Counsel for the Petitioner: SRI M.V. HANUMANTHA RAO

Counsel for the Respondents: AGp FOR REVENUE

The Court made the following: ORDER

I

HONOURABLE SRI JUSTICE B. VIJAYSEN ITE,DDYWRIT PETI1'ION No.35t04 0F 2023

ORDER: (ORAL)

This writ petition is filed by the petitioncr seeking to declareaction of respondent Nos.2 to 5 in not considcring petitioner,sDharani Applicarion No.2300009733 dared 0g.03.2023 for deletingthe land admeasuring Acs.9-39 Guntas in Survey No. l0 g/32 andAcs. l0-00 Guntas in Survey No. l0g/34, total admeasur.ingAcs. l9-39 Guntas, situated at Aswaraopet Revenue Vittage andMandal, Bhadradri Kothagudem District, from the prohibitory listol properties, as being illegal, arbitrary unconstitutional.

2. Heard learned counsel for the petitioner and learnedAssistant Government Pleader lbr Revenue appearing forrespondents and perused the material available on record.

3. It is claimed that the petitioner is the absolute owner andpossessor of the land admeasuring Acs.9-39 Guntas in SurveyNo. 108/32 and Acs.10-00 Gunras in Sur.vey No. l0g/34, rotaladmeasuring Acs. l9-39 Guntas, situated at Aswaraopet RevenueVitlage and Mandal, Bhadradri Kothagudem District, having ffi\ ::ri\. .r"

purchased the sarne by way of registered sale deeds bearingdocurnent Nos. 196 of 1992 and 240 of 1992 dated 22.02.1992 and03.03.1992 respectively. Since then the petitioner has beencultivating his [and. After introduction of Dharani Portal, thepetitioner found that his land was included in the prohibitory list ofproperties. Hence the petitioner submitted Dharani ApplicationNo.2300009733 dated 09.03.2023 and representation dated16.10.2023 for deleting his land from the prohibitory list ofproperties. The grievance of the petitioner is that there is a delayon the part of the respondent authorities in disposing of theapplication submitted by the petitioner, as such, he is constrainedto approach this Court.

4. Learned Assistant Government Pleader for Revenue submitted that appropriate action ['will ]be taken on theDharani Application of the petitioner, in accordance with [aw.

5. Recording the aforesaid subrnission of the leamedAssistant Govemment Pleader for Revenue, without going into themerits of case, the writ petition is disposed of directing respondentNos.3 to 5 to consider petitioner's Dharani Application No.2300009733 dated 09.03.2023 for deleting the landadmeasuring Acs.9-39 Guntas in Survey No.l08/32 and Acs. [0-00Guntas in Survey No.108134 total admeasuring Acs. l9-39 Guntassituated at Aswaraopet Revenue Village and Mandal, BhadradriKothagudem District, from the prohibitory list of propeftiesmaintained under Section 22-A of the Registration Act, 1908, byissuing notice to all concemed/interested persons, and pass orders,in accordance with law, within a period of forty five [(45) ][days from]the date of receipt ofa copy of this order. There shall be [no order]as to costsadmeasuring Acs.9-39 Guntas in Survey No.l08/32 and Acs. [0-00Guntas in Survey No.108134 total admeasuring Acs. l9-39 Guntassituated at Aswaraopet Revenue Village and Mandal, BhadradriKothagudem District, from the prohibitory list of propeftiesmaintained under Section 22-A of the Registration Act, 1908, byissuing notice to all concemed/interested persons, and pass orders,in accordance with law, within a period of forty five [(45) ][days from]the date of receipt ofa copy of this order. There shall be [no order]as to costs As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.

SD/-L. SIVA PARVATHIASSISTANT REGISIRARsEcno)tFFrcER

//TRUE COPY//

To,1The Principal Secretary, Revenue Department, The State of Telangana,Secretariat, Hyderabad.1The Principal Secretary, Revenue Department, The State of Telangana,Secretariat, Hyderabad.

2The Chief Commissioner of Land Administration, State of Telangana, atHyderabad.Hyderabad.

JThe District Collector, Bhadradri Kothagudem District. At Kothagudem.4The Revenue Divisional Officer, Kothagudem, Bhadradri Kothagudem [District]5The Tahasildar, Aswaraopet Mandal, Bhadradri Kothagudem [District]6Two CCs to GP FOR REVENUE, High Court for the State of [Telangana, at]Hyderabad [OUT]4The Revenue Divisional Officer, Kothagudem, Bhadradri Kothagudem [District]5The Tahasildar, Aswaraopet Mandal, Bhadradri Kothagudem [District]6Two CCs to GP FOR REVENUE, High Court for the State of [Telangana, at]Hyderabad [OUT]7.ohe cc to SRI M.v. HANUMANTHA RAO, Advocate [OPUC]8Two CD Copies8Two CD Copies 7.8BN8BN

BM

HIGH COURT

BVR,J

DATED:2911212023

ORDER

WP.No.35104 of 2023

DISPOSING OF THE WRIT PETITIONWITHOUT COSTS

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