Disposed

M/s Rudra Infrastructure v. The State of Telangana

Telangana HC19 Dec 2023WP/34166/2023

Case brief

AI extract

What is this about?

High Court disposed of a writ petition and miscellaneous application filed by a petitioner regarding land excluded from the Prohibitory Properties List in the Dharani Portal due to a stay order in an earlier suit. The Court did not examine merits but directed lower authorities to process the deletion application.

What did the court decide?

Directed Respondents 3 to 5 to consider the Dharani application to delete the land from the Prohibitory Properties List, issue notices to interested parties, and pass orders within two months.

M/s Rudra Infrastructure Vs The State of Telangana — Property and Title | Telangana HC (2023)

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[³¹⁸³ ]

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

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TUESDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE^{B.VIJAYSEN REDDY}

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WRIT PETITION NO: 34166 OF 2023

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Between:

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M/s Rudra lnfrastructure,^(A Partnership^{firm), H.No.10-1/22, Golden Mile} Colony, Survey No.^'100 and^'109, Kokapet^{Village, Gandipet Mandal' R R.} Districi. Repreiented by Gangidi Om^{Prakash Reddy S/o G. NarsimhaReddy,} Aged aboui 45^years,'Occ Business,^{Rl/o. H. No. 4- 117, Kokapet Village'} Gandipet Mandal, Ranga Reddy District.

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...'ET.T'ONER

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AND

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The State of Telangana, Rep. by^{its Principal Secretary Revenue Department} Secretariat, Hyderabad.

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The Chief Corirmissioner of Land^{Administration (CCLA), Government of} Telangana Opp. Annapuma Hotel, Nampally^{StationRoadAbids, Hyderabad -} 500 001.

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The District Collector, Ranga^{Reddy District.}

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The Additional Collector^{(Revenue), Ranga Reddy District.}

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The Tahsildar, Gandipet Mandal^{Ranga Reddy District.}

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...RESPONDENTS

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Petition under Article 226 of the^{Constitutionof lndia prayingthat in the} circumstances stated in the affidavit^{filed therewith,the High Courtmay be} pleased to issue an appropriate Writ, Order or Direction,^{more particularly one in} the nature of Writ of Mandamus,^{declaring the action of the Respondent Nos.2 to} 5 in failing to consider the^{Mee- seva application filed in Dharani Portalvide} Dharani Application Ref. No. 22OOO35134,^{dt. 01. 04. 2022 to remove the} petitioner Survey No. 14AA AA to an extent of Ac. 2.31^{gts videKathaNo' 60111} situated at Kismatpur Village. Gandipet^{Mandal,Ranga Reddy Districtfrom the} prohibitory list in the Dharani Portal as illegal, arbitrary,^{unconstitutionaland} contrary to the^provisions of T. s. RoR^{Act 2020 and consequentlydirect the} Respondent Nos. 2 to 5 to forthwith^{considerthe Mee- seva application(TM15)}

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vide Dharani Application Ref. No. 2200035134, dt. 01. 04. 2022 to remove/delete the petitioners Survey number from the prohibitory property list.

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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 direct the Respondent Nos. 2 to 5 to forthwith consider the Mee- seva application (TM15) vide Dharahi Application Ref. No. 2200035134, dt.01.04. 2022to remove/delete the petitioners Survey number from the prohibitory property list in Survey. No. 14AAIAA to an extent of Ac. 2.31 gts vide Katha No. 601'1 1 situated at Kismatpur Village, Gandipet Mandal, Ranga Reddy District.

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Counsel for the Petitioner: SRI K.KIRAN KUMAR Counsel forthe Respondents: AGP FOR REVENUE

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The Court made the following: ORDER

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THE HONOTJRABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.34166OF 2023

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ORDER: (ORAL)

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This writ petition is filed by the petitioner seeking to declare action of respondent Nos.2 to 5 in not considering the Dharani application bearing No.2200035134 dated 01.04.2022 submitted by the petitioner for deletion of his land admeasuring Acs.2-31 guntas in Survey No. 14AA/AA situated at Kismatpur Village, Gandipet Mandal, Ranga Reddy District, from Prohibitory Properties List, as being illegal and arbitrary.

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Heard learned Counsel for the petitioner, leamed Assistant Government Pleader for Revenue appearing for respondents, and perused the material on record.

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Petitioner claims to be owner and possessor of the land admeasuring Acs.2-31 guntas in Survey No.14AA/AA situated at Kismatpur Village, Gandipet Mandal, Ranga Reddy District, having purchased the same from Mr. Naaram Hanumanth Reddy and others by registered sale deed bearing document No.375l of 2019 dated 15.03.2019. The name of the petitioner-company is

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mutated in the revenue records (Dharani poftal). When the petitioner intended to sell a part of subject land for his personal necessities, he came to know that as there was a stay order granted in LA.No.l of 2019 in A.S.No.128 of 2009 filed by Mr. Naaram Hanumanth Reddy, vendor of the petitioner challenging the judgment and decree dated I I .02.2009 in O.S.No.283 of 1997 the subject land was included in the prohibitied properties list. Despite the fact that the said A.S. No.l28 of 2009 was disposed of on 08.04.2021 in terms of compromise, the subject land of the petitioner is still continuing in the prohibited properties list.

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That on being advised, the petitioner has submitted Dharani application bearing No.2200035134 dated 01.04.2022 for deletion of subject land from the Prohibited Properties List. However, there is inordinate delay on the part of respondent authorities in processing the Dharani application of the petitioner, as such, he is constrained to approach this Court.

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Leamed Assistant Govemment Pleader for Revenue appearing for respondents has submitted that appropriate action

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will be taken on the Dharani applications submitted by the

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petitioner in accordance with law.

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Recording the aforesaid submission of the learned Assistant Government Pleader for Revenue, without going into the merits of case, the writ petition is disposed of directing respondent Nos.3 to 5 to consider the Dharani application bearing No.2200035134 dated 01.04.2022 submitted by the petitioner for deletion of his land admeasuring Acs.2-3 1 guntas 1n Survey No.14AA/AA situated at Kismatpur Village, Gandipet Mandal, Ranga Reddy District, from Prohibitory Properties List, by issuing notice to all concemed/interested persons, and pass orders, in accordance with law, within a period of two (2) months from the date of receipt of a copy of this order. No order as to costs.

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As a sequel thereto, miscellaneous applications,

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if any, pending in the writ petition stand closed.

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SD/.MOHD. SANAULLAH ANSARI - ASSISTANT REGISTRAR

SECTION OFFICER

The Principal Secretary Revenue Department Secretariat, Hyderabad, State of Telangana.

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The Chief Commissioner of Land Administration (CCLA), Government of ]gJ-alggna^{Opp.AnnapurnaHotet,Nampaily StationRoad Abids, Hyderabad -} 500 001

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The District Collector, Ranga Reddy District.

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The Additional Collector (R-evenue), Ranga Reddy District.

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The Tahsildar, Gandipet iVlandal R.anga Reddy District.

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One CC to SRI K.KIRAN KU|VAR, Ad-vocate [OPUCI

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Two CCs to GP FOR REVENUE, High Court for the-State of Telangana, at Hyderabad. [OUT]

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Two CD Copies

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HIGH COURT

DATED:1911212023

ORDER

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WP.No.34166 of 2023

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DISPOSING OF'THE WRIT PETITION WITHOUT COSTS

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.

M/s Rudra Infrastructure v. The State of Telangana

Case brief

What is this about?

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M/s Rudra Infrastructure v. The State of Telangana

Case brief

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