Writ petition challenging possession certificates issued to allottees on alleged private patta land. Court held land was assigned government land transfer prohibited dismissing petition.
Disallowed declaration of ownership and setting aside of possession certificates.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
IVONDAY, THE FIFTH DAY OF JULY
TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICE P NAVEEN RAO
WRIT PETITION NO: 5812 OF 2021
Between:
...PETITIONERS
AND
Petition under Article 226 of lhe Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, the High Courtmay bepleasedto issue an appropriate writ, order or direction, more in thenature ofMandamus, declaring thepetitioners are the absolute ownersand possessorsof the land to an extent of Ac.0.'14guntas in Sy. No. 04 situatedat Gandhi NagarGram Panchayat, Ghanapur (Mulugu) Mandal, JayashankarBhupalpallyDistrict and set aside the Possession Certificates daled 17 t1212020 issued by the4th respondent
lA NO: 1 OF 2021
Petition under Section 151 CPCpraying that in thecircumstances stated in the affidavit filed in support of thepetition, theHighCourt may be pleasedto suspend the operation of the Possession Certificates dated1711212020 issued by the 3'd respondent
Counsel for the Petitioners : SRI S.MALLESWARARAO Counsel for the Respondent Nos.1 to 4 : GPFOR REVENUE Counsel for the Respondent Nos.4 to 6: -
The Court made the following: ORDER
PNR,J wP No.5Et2 of202l
2
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO,5812 OF 2O2I
ORDER:
This writ petition is filed praying to grant the following relief:
".... to issue an appropriate writ order or direction more in the nature of Mandamus declaring the petitioners are the absolute olvners and possessors of the land to an extent of Ac.O. 14 guntas in Sy.No.204, situated at Gandhi Nagar Gram Panchayat, Ghanapur (Mulugu) Mandal, Jayashankar Bhupalpallt- Districr and set aside the Possession Certificates dated 17 .12.2020 issued by the 3"1 respondent and pass such order or other orders as this Hon'ble Court ma1'deem think fit in the interest ofjustice."
PNR,J WP No.58l2 o!2A21 -)
land, the purchase made by the petitioners, father was in contravention of the Telangana Assigned Lands (prohibition of Transfers) Act., 1977 (Act 9 of 1977) and petitioners cannot claim as a matter of right possession and enjoyment of the land and oppose assignment of land to the poor persons for construction of houses. Therefore, I do not see any error in the decision of the Tahsildar (3'a respondent) in allotting house plots to the respondents 4 to 6 on land belonging to the Government. Further, such assignment was already made. Writ petition is accordingly dismissed. pending miscellaneous petitions shall stand closed.
To
SD/.K, AMMAJI ASSISTANT REGISTRAR' //TRUE COPYII SECTION OFFICER
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HIGH COURT
DATED:0510712021
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ORDER
WP.No.5812of 202'l
DISMISSINGTHE WRIT PETITION.
S
2 issues framed by the court
Whether petitioners can claim right to possession of assigned land despite alleged bona fide purchase from assignee.
Whether Tahsildar was justified in allotting house plots to the poor on government land instead of private patta land.
2 provisions across 2 enactments
Paka Swarooa Rani and others
The State of Telangana
The District Collector
The Tahasildar
Smt. Sripathi Sandhya and others
P NAVEEN RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
