Petitioner challenged rejection of application to delete land from prohibitory list without reasons under Article 226. Court found the silent order arbitrary and violated Article 14.
Cryptic order setting aside application for deletion without reasons is set aside; directed to conduct enquiry and pass reasoned order within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA (Special Original J urisdiction)
TUESDAY ,THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO
I
PRESENT
THE HONOURABLE SRI JUSTICE B,VIJAYSEN REDDY
WRIT PETITION NO:4273 OF 2022
Between:
Tunikoju Kalpana, W/o Anjaneyulu Aged about 37 years Occ. house wife Fl/o 3- 13-6711, Mallapur suryangar colony Hyderabad.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents particularly the 2nd in rejecting the application No. 2100035549 for deleting of the land in survey No. 24lEE/2 extent 0.10 gts situated at Velpupally village, Thurkapally mandal, Yadadri Bhuavanagiri district from the the prohibitory propeprties list without assinging any reasons with a cryptic order as arbitrary and illegal and in violation of the principles of natural justice and also violative of Artilce 14, 16 and 300A of constitution of lndia consequently direct the 2nd respondent to reconsider the application filed by the petitioner vide No. 2100035549 by giving the opporutnity and to pass
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the circumstances siated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondnet No.2 to consider the application vide No. 2100035549 for deletion of the land in survey No.24lEEl1 extent Ac 0.10 gts situated at Velpupally village, Thurkapally mandal, Yadadri Bhuvanagiri Distrit from the list of prohibitory propertis pending disposal of the above writ petition
Counsel for the Petitioner:SRl. DADI RADHA KRISHNA
Counsel for the Respondents: AGP FOR REVENUE
The Court made the following: ORDER
I
1 i
THE HO]{'BLE SRI JUSTICEB. VIJAYSEN REDDY
WRIT PETITION No. 4273 of2022
ORDER:
Heard le rrned counsel for thepetitioner and the learned Assistant Govt rnment Pleader fbrRevenue appearing for the respondents.
2
Pending r.niscellaneous petitions, if any, shall stand closed.
I
//TRUE COPY//
SD/.T.KRISHNA KUMAR ASSISTANT REGISTRAR
gp
SECTION OFFICER
: l
To,
:
rsnT/
HIGH COURT
DATED:0810212C22
ORDER
WP.No.4273 ot i'022
.i.-rc5lAl4
:,
1fi t[B 2022
_i.
DISPOSING OF THE WRIT PETITION WITHOUT COS]'S
..--.s
3 issues framed by the court
Whether the rejection of application for deletion of land from prohibitory properties list without reasons violates Article 14.
Whether the cryptic order rejecting the application without assigning reasons is arbitrary and illegal.
Whether the petitioner is entitled to a detailed enquiry and reasons on her application.
4 provisions across 1 enactments
Tunikoju Kalpana
State of Telangana
District collector
Tahasildar cum Sub Registrar
B. VIJAYSEN REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
