Disposed

Komirelli Lalitha v. The State of Telangana

Telangana HC20 Nov 2023WP/32003/2023

Case brief

AI extract

What is this about?

In a writ petition under Article 226 and Section 151 CPC, the High Court of Telangana directed the State and revenue authorities to consider an application to delist specific agricultural land from the prohibited property list, requiring due process and notice to interested parties.

What did the court decide?

Directed respondents to consider the petitioner's application via Dharani Portal for deletion from prohibited properties list, after considering objections and issuing notices.

Komirelli Lalitha Vs The State of Telangana — Land Acquisition | Telangana HC (2023)

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

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MONDAY, THE TWENTIETH DAY OF NOVEIMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 32003 OF 2023

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Between:

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Komirelli Laltha, W/o late K. Madhanmohan Reddy, Aged 74 years, Occ: Household, R/o 9- 6- 7, S.G.Colony, Saroornagar, Rahga Reddy D-istrict

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...PETIT|ONER

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AND

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The State of Telangana, Rep. by its Principal Secretary, Revenue Qepqrtment,^{Stamps and Registration, Secretariat,Hyderabad}

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The District Collector, Medchal Malkajgiri District.

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The Tahsildar, Ghatkesar Mandal, tVledchal Malkajgiri District.

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...RESPONDENTS

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Petition under A(icle 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 any writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in delisting the schedule property land admeasuring Ac 7- 05 gts in Sy No. 1079/EE of Yedulabad village, Keesara Division, Ghatkesar Mandal, Medchal Malkajgiri District pursuant to the application dt 21- 4- 2023, as illegal, arbitrary and unconstitutional and consequently direct the respondents No. 2 and 3 to forthwith delist the schedule property in delisting the schedule property land admeasuring Ac 7- 05 gts in Sy No. 1079/EE of Yedulabad village, Keesara Division, Ghatkesar Mandal, Medchal Malkajgiri District, from the prohibitory list pursuant to the application dt 21-4-2023.

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lA NO: 1 OF 2023

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Petition under Section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to lssue lnterim directions to the respondent Nos 2 and 3 to forthwith delist the schedule property land admeasuring Ac 7- 05 gts in Sy No. 1079/EE of yedulabad village, Keesara Division, Ghatkesar Mandal, lvledchal Malkajgiri District, pursuant to the application dl21- 4- 2023 pending the writ petition.

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Counsel for the Petitioner: SRI RAJAGOPALLAVAN TAyl Counsel for the Respondents: AGP FOR REVENUE

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.3 2OO3 of2O23

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ORDER:

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This writ petition is fited seeking the following relief: "...to issue any writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in delisting the schedule property land admeasuring Ac.7.05 guntas in Sy.No, lO79 IEE of Yedulabad village, Keesara Division Ghatkesar Mandal, Medchal-Malkajgiri District pursuant to the application dated 21.04.2023 as illegal, arbitrary and unconstitutional and consequently direct the respondent Nos.2 and 3 to forthwith delist the schedule property in delisting the schedule property land admeasuring Ac.7.O5 guntas in Sy.No, lO79 IEE of Yedulabad village, Keesara Division Ghatkesar Mandal, Medchal-Malkajgiri District from the prohibitory list pursuant to the application dated 2 1.04.2023..."

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The petitioner claims to be the owner and possessor of the agriculture lald admeasuring Ac.7.OS guntas in Sy.No, 1079 /Etr of Yedulabad village, Keesara Division

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CVBR, J wp 32()03_2023

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Ghatl<esar Mandal, Medchal-Malkajgiri District, having acquired the same by way of inheritance. It is the further case of the petitioner that her nalne was also said to have been mutated in all the revenue records, the revenue authorities also issued pattadar passbook and title deeds uide l{h.ata No.2089 ar,rd her name was also mentioned in Dharani Portal as Pattadar. It is the further case of the petitioner that even after depicting the lands as patta lands uide Khata No.2089, u,ithout considering the same the respondents have included the subject property i.e., Sy.No. 1079 consists of Ac. 15.00 guntas was listed in the Prohibited Propert5r. The grievalce of the petitioner is that seeking deletion of the subject property from the prohibited property list, she had submitted an application in the format prescribed in Dharani Portal uide Application No.2300013968, dated 21.O4.2023, but the said application was not considered by the respondent as on date.

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Learned Assistant Government Pleader for Revenue

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appearing for the respondents, on instructions, would has

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CVBR, J Wp 32003 2023

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I I

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submit that the petitioner has made an application ln Dharani Portal and the same is pending for consideration in the office of respondent No.2 and respondent No.2 has called remarks and after receiving the remarks from the office of respondent No.3, appropriate decision would be taken strictly in accordance with the provisions of the Telangana State Rights in Land and Pattadar Passbooks Act,2O2O.

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In view of the above submissions, this Court deems it appropriate to dispose of the writ petition directing the respondents to consider the Dharani application uide Application No. 2300013968, dated 21.O4.2023 submitted by the petitioner for seeking deletion of the subject land from the list of prohibited properties, after considering the objections, if any, and also issuing notice to all the interested persons, in accordance with law.

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With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

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CVBR, J Wp 32003_2023

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As a sequel, the mrscellaneous petitions pending, if

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any, shall star-rd closed

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SD/-MOHD. ISMAIL ASSISTANT REGISTRAR //TRUE COPY//

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SECTION OFFICER

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1 The Principal Secretary,^{Revenue Department, Stamps and Registration,} Secretariat, Hyderabad, State^{of Telangana.}

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2 The District C6llector,^{tVledchaltvlalkajgiri District.} J The Tahsildar, Ghatkesar^{IVlandal, IVledchalMalkaigiri District} 4 One CC to SRI RAJAGOPALLAVAN^{TAYI, Advocate} [OPUC] 5 Two CCs to GP FOR^{REVENUE,HighCourt for the State of Telangana, at} Hyderabad lOUTl

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6 Two CD Copies PSK. GJP

HIGH COURT

DATED:2011112023

ORDER

WP.No.32003 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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Komirelli Lalitha v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Komirelli Lalitha v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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