Disposed

Nalla Prabhakar v. The District Collector

Telangana HC20 Apr 2015WP/33839/2010

Case brief

AI extract

What is this about?

In a PIL under Article 226, the Court directed the Government to expeditiously remove encroachments from Bhoodan Yagna land allotted to beneficiaries if found in unauthorized occupancy, based on the Respondent Board's affidavit stating necessary steps are being taken.

What did the court decide?

It is directed that if land allotted to beneficiaries is in occupation of unauthorized occupants, the Government shall take steps expeditiously to remove the encroachment.

Nalla Prabhakar Vs The District Collector — Land Acquisition | Telangana HC (2015)

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[²⁶³⁸ J

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

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THURSDAY, THE ELEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE ALOK^ARADHE AND THE HONOURABLE SHRI JUSTICE ANIL KUMAR^JUKANTI

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WRIT PETITION NO: 33839 OF 2010

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Between:

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Nalla Prabhakar, S/o.Meenaiah, aged about^{38 years, Occ: Agriculture and MPTC of} Tattiannaram Grampanchayat, Hayathnagar^{Mandal, Ranga Reddy District.}

...PETITIONER

AND

The District Collector, Ranga Reddy^{District at Lakdikapool,Hyderabad.}

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2 The Revenue Divisional Officer,^{RangaReddy District (East), Hyderabad.}

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3 The Tahsildar, Hayathnagar^{lv1andal, R.R. District.}

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4 Bhoodan Yagna Board, represented by^{its Secretary,GandhiBhavan,} Hyderabad.

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5 The Public lnformation Officer cum D.R.O.,^{RangaReddy Districtat} Lakdikapool, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of^{lhe Constitutionof lndiaprayingthat in the} circumstances stated in the affidavit^{filed therewith, the High Court may be} pleased to issue a writ, order or direction more^{particularlyone in the natureof} Writ of Mandamus for a direction to^{the respondents to conduci impartial enquiry} into the misuse of Bhoodan Yagna^{land in the Hayathnagar Mandalof Ranga} Reddy District in^{possessionof unauthorized occupants contrary to Section 11 of} A.P. Bhoodan Board Act and to^{takestepsfor recovery of the land from the} unauthorized occupants and^{restorethe same to the boardfor proper utilization.}

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l.A. NO: 1 OF 2010(WPMP. N O: 42860 OF 2010)

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Petition under section 15'l cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased direct the respondents to conduct enquiry into the misuse of lands of the 4th respondent by calling for information from it and to protect the land from further alienation in Hayathnagar lr/andal, R.R. District.

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Counsel for the Petitioner : M/s. PAV|THRA MEDIKONDA (Not present) Counsel forthe Respondents No.1to3 : Gp FOR REVENUE

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Counsel for the Respondent No.4 : SRI KIRAN KUMAR GATTU

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Counsel for the Respondent No.5 :

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The Court made the following: ORDER

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THE HON'BLE THE CHIEFJUSTICE ALOKARADHE AND THE HON'BLE SHRI JUSTICE ANIL KUMARJUKANTI

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WRIT PETITION No.33839 of 2010

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ORDER: (per the Hon'ble the ChiefJustice Alok Aradhe)

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Ms. T. Pavithra, learned counsel represents

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Ms. T. Pushpa Rani, learned counsel appears for the petitioner. Mr. Md. Imran Khan, learned Additional Advocate

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General appears for the respondents.

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In this Writ Petition, which has been filed as Public Interest Litigation, the petitioner has prayed for the following relief:

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"For the reasons stated in the accompanying affidavit the petitioner herein pray that this Hon'ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus for a direction to the respondents to conduct impartial enquiry into the misuse of Bhoodan Yagna land in the Hayathnagar Mandal of Ranga Reddy Distnct in possession of unauthorised occupants contrary to Section I I of A.P. Bhoodan Board Act and to take steps for recovery of the land from the unauthorized occupants and restore the same to the board for^proper utilization."

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CJ & JAK, J 1v.P.No.33839 ol20IO

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Respondent No.4 Bhoodan Yagna Board has filed counter, in paras l0 and 12 of which, the following stand has

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been taken.

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"10. In reply to Para (13) of the affidavit, it is subrnitted that in cases where the land belongs to the bcneficiaries being occupied by ttre third parties shall be identified in due course. It is perti[ent to submit that the benehciaries i.e., those who have been allotted Bhoodan Lands ought to have retained the allotted land in their physical possession. No such cases are brought to the notice of the^'felangana Bhoodan Yagna Board so for. However, it is to submit that necessary steps shall be taken by the Authority, Telangana Bhoodan Yagna Board to restorc the lands which arc in the clutches of unauthorised occupants or encroachers, if any, through Revenue Department.

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In reply to the aven.nents ofparas (16) & (17) of tlie affidavit, it is to submit that necessary steps are being initiated by the Authority,^'lelangana Bhoodan yagna Board to restore the lands which are in the hands of the unauthorised occupants or eucroachers, if any, through Revenue Department."

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The aforesaid statement made by respondent No.4 on

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oath is taken on record.

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5 Therefore, it is directed that in casc the [and, which has been allotted to ths -beneficiaries, is in occupation of

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CiI & JAK, J W P No 33839 oi 2010

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unauthorized occupants, the Government shall take steps

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expeditiously to remove the encroachment from the land in

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occupation of unauthorized occupants or encroachers.

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Accordingly, the Writ Petition is disposed of.

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Miscellaneous applications, if any pending, shall stand

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closed. There shall be no order as to costs.

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SD/- MOHD. ISMAIL ASSISTANT GI RAR

//TRUE COPY//

SECTI OFFICER

To,

The District Collector, Ranga Reddy District at Lakdikapool, Hyderabad. 2. The Revenue Divisional Officer, Ranga Reddy District (East), Hyderabad.

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The Tahsildar, Hayathnagar IVlandal, R.R. District.

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The Secretary, Gandhi Bhavan, Hyderabad Bhoodan Yagna Board.

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The Public lnformation Officer cum D.R.O., Ranga Reddy District at Lakdikapool, Hyderabad.

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One CC to M/s. PAVITHRA IMEDIKONDA, Advocate. IOPUCI

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Two CCs to GP FOR REVENUE, High Court for tlre State of Telangana at

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Hyderabad. [OUTI

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One CC to SRI KIRAN KUMAR GATTU, Advocate. [OPUC]

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Two CD Copies.

BSK GJ(

HIGH COURT

DATED:1110112024

ORDER

WP.No.33839 of 2010

1 1aE S TA 16:
(
,qr_l)) 12 t4AR 2024 l.o
* r!
DEs patc$

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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\ )...-
WY^

Nalla Prabhakar v. The District Collector

Case brief

What is this about?

What did the court decide?

Nalla Prabhakar v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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