WP/35102/2023 of Smt. Kollu Jayalaxmi Kumari Vs The State of Telangana on 29 December 2023

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Sp€cial Originat Jurisdiction)

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

PRESENT

- THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

WRIT PETITION NO.35102 OF 2023

Between:

Smt.. Kollu Jayalaxmi {u1ngli, Wo Chava Satyanarayana Aged 69 years occ. Rtd.Ernployee [R/o ][H.No.6-2-129 ][l\ilodal House, ][JammibandS ][bazair, ][Khammam,]Khammam District.Ernployee [R/o ][H.No.6-2-129 ][l\ilodal House, ][JammibandS ][bazair, ][Khammam,]Khammam District.

...PETITIONER

AND

'1 . The State of Telangana, Rep. by Principal Secretary, Revenue Department,Secretariat, HyderaEad.Secretariat, HyderaEad.

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

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

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

5. The Tahasildar, Aswaraopet Mandal, Bhadradri Kothagudem Diskict.

...RESPONDENTS

Petition under Article 226 of lhe Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, 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 representationdt.16-10-2023 submitted by the petitioner to delete his land to an extent of Ac.9-38 gts., in Sy.no.108/33 situated at Aswaraopet Revenue Village and Mandal,Bhadradri Kothagudem District, from the prohibitory list and issue digital passbook for the subject land, as illegal, arbitrary and violative of principles of naturaljustice and consequently direct the respondent nos.2 to 5 to delete the land of thepetitioner from the prohibitory list and issue digital pass book in favour of thepetitioner.

lA NO: 1 OF 2023

Petition under Section 151 cpc praying that in the circumstances stated inthe affidavit fired in support of the petition, the High court may be preased todirect the respondent nos.2 to 5 to consider and dispose of the representationsubmitted by the petitioner dt.16-10-2023 with regard to deretion of rand from theprohibitory list and arso for issue of digitar pass book in favour of the petitioner inrespect of the rand to an extent of Ac.g-3g gts., in Sy.no.10'/33 situated atAswaraopet Revenue virage and Mandar, Bhadradri Kothagudem District,pending disposal of the writ petition in the interest of justice.

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

Counsel for the Respondents: AGp FOR REVENUE

The Court made the following: ORDER

THE HONOURABLE SRJ JUSTICE B. VIJAYSEN REDDYWRIT PETITION No.35102 OF 2023

ORDER: (ORAL)

This writ petition is filed by the petitioner seeking to declareaction of respondent Nos.3 to 5 in not considering the petitioner'sonline application bearing No.2300009729 dated 09.03.2023 fordeletion of her land admeasuring Acs.9-38 guntas in SurveyNo.108/33 situated at Aswaraopet Revenue Village and Mandal,Bhadradri Kothagudem District, from prohibited properties list, asbeing illegal and arbitrary.

2. Heard leamed Counsel for the petitioner, {eamed AssistantGovernment Pleader for Revenue appearing for respondents, andperused the material on record.

3. Learned counsel for the petitioner has submitted thatpetitioner is owner and possessor of the land admeasuringAcs.9-38 guntas in Survey No.l08/33 situated at AswaraopetVillage and Mandal, Bhadradri Kothagudem District, havingpurchased the same by virtue of registered sale deed bearingdocument No.226 of 1992 dated [21 ].02.1992. After introduction of Dharani portal, the respondent authorities have mechanically

included the subject land in the prohibited properties list. Aftergetting to know the same, the petitioner has submitted onlinegetting to know the same, the petitioner has submitted onlineapplication No.2300009729 dated 09.03.2023 for deletion of herland from prohibited properties list. Despite repeatedrepresentations and applications of the petitioner, there is inactionland from prohibited properties list. Despite repeatedrepresentations and applications of the petitioner, there is inactionon the part of respondent authorities in processing the applicationof the petitioner, as such, the petitioner is constrained to approachthis Court.of the petitioner, as such, the petitioner is constrained to approachthis Court.

4. Learned Assistant Government Pleader for RevenueRevenueappearing for respondents has submitted that appropriate actionwill be taken on the online application submitted by the petitlonerin accordance with law.

Learned Assistant Government Pleader for RevenueRevenue

5. Recording the aforesaid submission of the leamed AssistantGovernment Pleader for Revenue, without going into the merits ofcase, the writ petition is disposed of directing respondent Nos.3 to5 consider petitioner's Dharani application bearingNo.2300009729 dated 09.03.2023 for deletion of her landadmeasuring Acs.9-38 guntas in Suwey No. 108/33 situated at Aswaraopet Revenue Village and [Mandal, Bhadradri ][Kothagudem]District, from prohibited [properties ][list, ]by [issuing notice ][to ][all]concerned/interested [persons, ]and [pass ][orders, ][in ][accordance ][with]law, within a period of forty five [(45) ]days [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.]

SD/- V. [HARI ][PRASAO]ASSISTANTGlsRSECTION [OFFICE][ R]

//TRUE [COPY//]

To,

l.TheDistrictCollector,BhadradriKothagudemDistrict,AtKothagudem.

2. The [Revenue Divisional ][officer, ][Kothagudem, ][Bhadradri ][Kothagudem ][District.]

3. TheTahasildar,AswaraopetMandal,BhadradriKothagudemDistrict.

4. One CC [to ][SRI M. ][V' ][HANUMANTHA RAO' Advocate ][IOPUCI]

5. Two CCs [to ][GP ][for ][Revenue' High Court ][for the ][State ][of ][Telangana ][at]Hyderabad [OUTIHyderabad [OUTI

6. Two CD [CoPies]

MPGJP

HIGH COURT

DATED:2911212023

STAT€If,ao2 3 [J[\ ][?$2[]oIIDE !]PAORDER

WP.No.35102 of 2023

DISPOSING OF THE WRIT PETITIONWITHOUT COSTS

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