Disposed

P. Dattadri v. The State of Telangana

Telangana HC8 Feb 2021WP/2258/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by landowners challenging the classification of their lands as government lands and inclusion in a prohibitory list. The Court directed the District Collector to decide the pending representation within four weeks and restrained the Tahsildar from interfering until that decision is made.

What did the court decide?

Directed the District Collector to dispose of the petitioner's representation dated 01.10.2020 within four weeks; restrained the Tahsildar from interfering in the subject matter while it is sub judice

P. Dattadri Vs The State of Telangana — Landlord and Tenant | Telangana HC (2021)

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HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD

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(Special Original Jurisdiction)

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IVONDAY, THE EIGHTH DAY OF^FEBRUARY TWO THOUSAND AND TWENTY^ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE T.AMARNATH^GOUD

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WRIT PETITION NO: 2258 OF²⁰²¹

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Between:

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P. Dattadri, S/o Late^(Sri) Gangaram,^{Age. 66 years, Occu. Government Servant} (Retd.). Fl/o. H. No. 1i-1-847, New NGCIs Colony, Subahnagar, Nizamabad.

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Sri P.'Kista Reddy, S/o Hanmanth^{Reddy, Age.69years,.Occu. Contractor,} R/o.H. No. 6-18-38; New NGO's Colony,^{Subahnagar,Nizamabad}

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s. Sric. Bhooma neday, s/o Ganga^{Reddy,Age.69years, Occu. Business,R/o.H'} No. 5-7-665/7, Near Police Parade^Ground, Nizamabad.

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...'ETITIONERS

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AND

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

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The Chief Corirmissioner^{of LandAdministration, Government of Telangana,at} Abids, Hyderabad

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The Distiict Collector,^{NizamabadDistrict}

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Revenue Divisional Officer, Nizamabad^{Division, Nizamabad District}

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The Tahsildar, Dichpally Mandal,^{Nizamabad District}

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...RES'ONDENTS

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Petition under Article 226 oI^{lhe constitution of lndia praying that in the} circumstances stated in the affidavit^{filed therewith, the HighCourt may be pleasedto} issue a Writ. order or direction^{and more particularlyone in the natureof writ of} lVandamus and declare the^{- a) The action of the Sth Respondentin includingthe} lands in the Prohibitory List^{prepared underthe provisionsof section 22-A ol |he} Registration Act, l908^{'andholding the landsas government lands as arbitraryand} ex-iacie illegal. b) The^{actionof the5th Respondent, having held the Iands a_s patta} land and in"spite'of the^{knowledge of passing of the Award for the lands in sy. No-} 569 under the^{provisionsof the L.A. Act,1894 (since repealed), now, changing the} classification oi the subjection^{landsas government lands, without jurisdictionor} authority. c) Pending disposal^{of the writ petition, to direct the Sth Respondent not to} interfere *ith tn" [eaceful^{possession and enjoymentof the lands of the writ} petitioners, in the agricultural iands measuring^{Acres Sy. Nos. 568 (Extenl Acs.1-00)} and 569^(Extent Ais.^{3-03) totaling to Acres 4-03 guntas situated in Mentrajpally} Village of^{'DichpallytVlandai,without following due processof Law, and pass such} othei order or furthLr^{orders deemedfit and just in the circumstancesof the Case.}

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lA NO: 1 OF 2021

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Petition under section^{151 CPC prayingthatin the circumstancesstated in the} affidavit filed in support^{of the petition, tfre iligh Court may be pleased to directthe Sth} Respondent not to interfere^{wiih the peaceful possessionand enjoyment of the lands} of the writ^{petitioners, in the agricultural lands measuringAcres Sy. Nos.568 (Extent} Acs. 1-00) and 569^{(Extent Acs.3-03) totalingto Acres4-03 guntas situatedin} lvlentrajpaily Village of^{Dichpally l,4andal,without following due processof Law}

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lA NO: 2 OF 2021

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Petition under Section^{151 CPC prayingthat in the circumstancesstated in the} affidavit filed in support^{of the petition,tf,u llgh Court may be pleasedto direct the5th} Respondent to issue new^{Pattadar Pass Books to the lands of the writ petitioners}

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Counsel for the Petitioner^{: SRIT'VIJAYHANUMANSINGH}

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Counsel forthe Respondents:GP^{FOR REVENUE} The Court made the following:^ORDER

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THE HON'BLE SRI JUSTICE T.AMARNATH GOUD

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WRIT PETITION No.2258 of 2O2L

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ORDER:

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Heard learned counsel for the petitioner and learned Government Pleader. With their consent, the writ petition is disposed of at the stage of admission.

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1n Aggrieved by the action of the sth respondent, including the subject properties of the petitioner in the prohibitory list and holding the lands as Covernment lands as arbitrary and ex facie illegal, the petitioner filed the present r.r,rit petition

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It is the case of the petitioner that when the petitioner approached the 5tn respondent, he rejected the same with arr endorsement that the subject lands are in the prohibitory list. Aggrieved thereby, the petitioner submitted representations on 3l.Ol.2O2O and 01.10.2020 before the 3.d respondent/ District Collector enclosing the necessary documents to support his case and the same is pending unconte sted.

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In view of the facts and circumstances of the case and in the interest of justice, the r.r,rit petitior-r IS disposed of directing the District Collector/3*t respondent to dispose of the representation dated 01.10.2020 of the petitioner 1n accordance u,ith lau', after giving opportunity to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. It is needless to observe that

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since the matter^{is subjudrce before the District Collector' the}

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5th respondent^{shouid not interfere in the subject matter'}

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There shall^{be no order as to costs'}

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Miscellaneous^{petitions, if any, pending in this Petition'}

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sha1l stand^ciosed

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Sd/.K.SAILESHI ASSISTANT^REGIS R //TRUE COPY// \-"

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SECTION OFFICER

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To 1. The District^{Collector, NizamabadDistrict} 2. o;; Ec't,;'s"r;i.VX;i^{Hunuma n Si nsh, Advocate^[QPucl} 5. i;; cc.i"^{cp rol nevenue, High iourtfor the Siate of Telanganaat} Hyderabad [OUT]

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Two CD^CoPies

\ }--

HIGH COURT

TAJ

DATED:0810212021

t r'( ?A 14:
c/
o 16 F[B 2C21
* *

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ORDER

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WP.No.2258 ot 2021

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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1b^{v 2</sup>}

P. Dattadri v. The State of Telangana

Case brief

What is this about?

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P. Dattadri v. The State of Telangana

Case brief

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