The High Court disposed of a writ petition directing the District Collector and Tahsildar to consider the petitioner's Dharani application to remove specific land from the prohibited list of properties within 45 days.
Directed Respondents to consider the Dharani application within 45 days and pass appropriate orders.
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.
[3183 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE TWENTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITION NO:34377 OF 2023
Between:
Sri Bhavanasi Jaya Kumar, S/o. Sreenivasulu, Aged 57 years, Occ. Agriculture, R/o. H.No.8-2-6'15/AB, Road No.1'1, Near Spring Fields School, Banjara Hills, Hyderabad.
..,PETITIONER
AND
...RESPONDENTS
Petition under Article 226 ol the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Order, Direction or Writ, more part,iculady a Writ of Mandamus declaring the action of the Respondent No.2 in not considering the Petitioners grievance in Dharani Webportal vide Application 2300028031, Dt.1510912023 to delete the land admeasuring Ac.0-39 gts out of Ac.4-35 gts in Sy. No.190/4/U situated at Pedda Amberpet Village, Abdullapurmet Mandal, Ranga Reddy District from PROHIBITED LIST as illegal, improper, unjust, arbitrary, violative of Art. 300-4 of the Constitution of lndia and consequently direct the respondents to consider the petitioner's grievance in Dharaniportal vide Application No 2300028031, Dt.1510912023 and issue e-pattadar passbooks in favour of the petitioner.
lA NO: 1 OF 2O23
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 respondents to consider the petitioners grievance in Dharani portal vide Application No. 2300028031, Dt.'15109-/2023 to delete the land admeasuring Ac.0-39 gts out of Ac.4-35 gts in Sy. No.'190/4/U situated at pedda Amberpet Village, Abdullapurmet Mandal, Ranga Reddy District from 'pRoHlBlrED Llsr,,.
Counsel for the Petitioner : SRI V.YADU KRISHNA SAINATH
Counsel for the Respondents: ASST. Gp,FOR REVENUE
The Court made the following: ORDER
HONOURABLE SRIJUSTTCEB. VIJAYSEN REDDY
WRIT PETITION No.34377 0$ 2023
ORDER:(ORAL)
This writ petition isfiled seeking to declareinaction of respondents inconsideringpetitioner's Dharaniapplication No.230002803 I,dated15.09.2023,for deleting the land of the petitioner admeasuringAc.0-39guntas out of Acs'4-35guntas in Survey No.190/4/U,sihrated at PeddaAmberpet Vittage' Abdullapurmet Mandal,Ranga ReddyDistrict, fromthe prohibitory tist ofproperties,as being illegal,arbitraryand unconstitutional.
2
passbook in respect of the subject land. However, the petitioner found that in Dharani Portal, the subject land was included in the prohibitory list of properties. Hence, the petitioner submitted Dharani application No.2200019823, dated 07.12.2021 for deleting the subject land from the prohibitory list of properties and to issue pattadar passbook in respect of the subject land but the same is not being considered, as such, he filed W.P. No.22329 of 2022 before this Court and the same was disposed of by order dated 07.06.2022, directing the respondent No.2 to consider petitioner's Dharani application No.2200019823, dated 07.12.2021, as well as the written representation dated 06.04.2022 seeking for deletion of the subject land from the prohibitory list of properties within a period of eight weeks from the date of receipt of copy of the order. It is submitted that respondent No-2 addressed a letter vide Lr. No.Dl/455012022, dated, 12.09.2022, directing the petitioner ro submit Dharani application through TM-15 module. That pursuant to the same, the petitioner fited Dharani application No.2300005109, dated 03.02.2023, and the same was rejected by respondent No.2 without assigning any reasons. It is further submitted that the petitioner submitted Dharani application
J
No.230002803 1, dated 15.09.2023, for deleting the subject tand from the prohibitory list of properties but no action has been taken The grievance of the petitioner is that there is a delay on the part of the respondents in disposing of the application submitted by the petitioner, as such, he is constrained to approach this Court.
4
days from the date of receiptofa copyof this order.There shall be
no order as to costs.
Asa sequel thereto, miscellaneousapplications,
if any, pending in the writ petition standclosed.
SD/-P.PADMANABH REODY ASSISTANT RE STRAR //TRUE COPY// sEcTtoN o FICER To, ' #EiJ$ti:",]r::?:?t:flRevenue Department, Secretariat Buirdinss, state or 2. The District C6llector. ianga.Reddy District, Lakdikapoot, Hyderabad 3. The T-ahsitdar, Abduilapurriet Mandat, n'andiH"tj, Oirtri"t 4. one cc to sRt v vnni' kniSriiiln sriri,iniiil iEi5l"t". Iopucl 5. Two cCs to ASsr cp Fon'. h-dnEiju'E;Tib"n' '+r E! !vL'I rrvr I cor.t for the state of ^Jela1S31a at Hyderabad. tOUt 6. Iwo CD Cooies, BSK LS
$
HIGH COURT
DATED:2111212023
ORDER
WP.No.34377 of 2023
1HE s?4
o
0I JAI, 2024 "S
t *
SPAl HO
DISPOSING OF THE WRIT PETITTON WTHOUT COSTS
0ff'r* g t<)
1 issue framed by the court
Whether the High Court should direct the Revenue Department to consider the petitioner's application to delete land from the Dharani prohibited list.
2 provisions across 2 enactments
Sri Bhavanasi Jaya Kumar
The State of Telangana
The District Collector, Ranga Reddy District
The Tahsildar, Abdullapurmet Mandal
B. Vijayesen Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
