Writ petition filed seeking mandamus to direct the District Collector to act on an online application requesting deletion of lands from a prohibitory list, directing disposal within 8 weeks with notice.
Respondent No.2 to dispose of online application with notice and hearing within eight weeks and pass reasoned order.
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.
[3168 |
HIGH COURT FOR THE STATE OF TELANCANA AT ITYDERABAD
(Special Original Ju risdiction)
MONDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT
,,.
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION NO: 618 OF 202.1
Betlvecn:
B. Anuradha, Wo. Ram Reddy, Occ: Housewife, R/o. I'{- No- 3-2-86, Plot No. 27, Shathavahana Nagar colony, LB Nagar, Hyderabad.
."' ...PETITI0NER
.,\ND
"' ...RES.0NDENTS
Petition under Anicle 226 of the Constitution ol lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issuc an appropriate writ, order or direction more particularly one in(hc naturc of WRIT OF MANDAMUS, declaring tlle action of the respondcnt No.l, to eonsicler petitioner online application vide referenoe No.2200029842, datcd l7-3-2021:
I.\ NO: I oP 2023
,/
Petition under Section l5l CPC praying that in the circumstanccs stated in the affidavit filed in support of the petition, the High Court may bc plcascd to direct respondent No.2, to Place status report of online application Yide relercnce No. 22()0029842, dated 17 -3-2022 d'
Counsel for the Petitioncr : SRI. M RATIIAN SINGII
i-
Counscl for the Respondents : GP FORREVENUE
The Court made thc follorving: "''
I I I t i i i
HON BLE SRI JUSTICE K. LAKSHIVI/III
!!RIT PETITION No.618 of 2O2il
ORDER:
Heard Sri M. Ratal Singh, learne d <:ounsel appearing f<,r the petitioner and learnec, Assistant Government Pleader for Revenue appearing for respondents. Perused the record.
Thc pet itioner is claiming that she is lhe etbsolute owner anrl possessor of lands eLdmeasuring Ac.O-22t/z Sts., in Sy.No.378, Ac.0-28 gts., in Sy'.No.379 ln and Ac.0-1) gts Sy.No.390, total admt:asuring Ac.l 2O'l-t g s., situated at Keesara village ,lnd Mandal, Medchal-Malkajgiri District, on the str,:ngth of a registered srle deed bearing document No.6l92 of 2OO2, datecl 28-01;-2007. In proof of the satne, r;he has hled copie s o[ a bresaid registered sale deed ald also latest pattedar pilssbooks and title deeds. The said property was inciurdt d in prohibitory list. Therefore, :;he has made online application bearing No.22OOO2984i2 dated
2
17-03-2022 with respondent No.2 with a request to delete the aforesajd lands from prohibitory list. Despite receiving and acknowledging the said online application, responcient No.2 did not act upon the same, therefore, the present writ petition.
Whereas learned Assistant Government Pleader for Revenue, on instructions, woul<i submit that respondent No.2 will consider the said online application submitted 1n by the petitioner and pass appropriate orders, accordance with law.
In view of the aforesaid discussion, this writ petition is disposed of, directing respondent No.2 to dispose of the online application bearing No.22OOO29842 dated 17-O3-2O22 submitted by the petitioner andpass appropriate orders, in accordance with law by puttingthe petitioner and all aflected parties on notice and aflording them an opportunity of hearing. He shall a,lso consider the instructions issued by the Chief Secretary in CCLA's Ref.No.CMRO /3691/2022, dated 03-11-2022. tl
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respondent N r.2 is not inclined to accept tlre claim / request of the petitioner, he shall assign specific reasons, pass a reason:d order and sha-ll communicate copy of the said order to the petitioner. He shall completr: lJle entire exercise within a period of eight (8) weeks from tlre date of receipt of : copy of this order. There shall. l:e no order as to costs.
As a st quel, the miscellaneous petiticns, if any, pending in tbe Writ Petition shall stand closed.
SD/. N SRIHARI ASSIS'|'ANT REGISTRAR
//TRUII COPY//
*? SiEC'tION OFFICER
To,
l. The Principall,ecrctaryRevenue Department, Secretariatllui.dings. Hyderabad,state ofTelangana
HTGTI COI]ITT
KL, J
DATUD: 09^) l/20 13
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\ P.\o.61lt ol 20 1.1
\ II,IT I'[-'TI'I'I( N IS DISPOSt,]T) ()l \ t1'lIoLrT C()sTs
1 issue framed by the court
Whether the District Collector should be directed to dispose of the online application seeking deletion of land from the prohibitory list within a specified time.
2 provisions across 2 enactments
B. Anuradha
The State of Telangana
The District Collector, Medchal-Malkajgiri
K. Lakshman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
