Disposed

Damodher Rao v. Smt. K. Nikhila,Ias

Telangana HC13 Dec 2024CC/401/2022

Case brief

AI extract

What is this about?

Contempt case alleging violation of a writ court direction to verify the petitioner's shikam patta land claim and remove it from prohibited properties. The court recorded that the lands are shikam patta from Setwar onwards, restrained interference with cultivation subject to conditions, and closed the contempt case.

What did the court decide?

Respondents directed not to interfere with petitioner's patta lands except to prevent non-agricultural conversion; contempt case closed.

Damodher Rao Vs Smt. K. Nikhila,Ias — Land Acquisition | Telangana HC (2024)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENW FOUR

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PRESENT

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THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY

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CONTEMPTCASE No: 4O1 oI 2022

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Petition under Sections 10 to 12 of Contempt of Courts Act is filed alleging violation of the orders dated 17-11-2021^passed by this Court in W.P.No.29007 oI 2021 .

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Between:

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Damodher Rao, S/o Late Ramchander Rao, Age: 83^years, Occ:^Retired Govt.Servant R/o H.No.B-5, F-13, Housing Board Colony, Old^Malakpet, Hyderabad - 500 036.

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...Petitioner/s

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AND

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Smt. K. Nikhila, lAS, District Collector, Vikarabad, Burugupally,^{Vikarabad-501} 101 r.s.

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...Respondent

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Counsel for the Petitioner: Sri Vanam Vishwanatham

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Counsel for the Respondent: GP FOR REVENUE

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

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CONTEMPT CASE No.4O1 of 2022

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ORDER:

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This Contempt Case is hled alleging violal.ion of the orders dated 17.1I.2C21 passed by this Court in W.P.No.29OO7 ctf 2021.

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This Court, uide order, dated 17. ll.2O2l, rvhile disposing of the said writ petition, directed the District Coller:tor - respondent herein to verify the claim of the petitioner vis-h-vis thr: revenue records and ir-rform the petitioner as to the nature of discrepancy that is noticed by the authorities, and if it is found that earlier exercise was not properly undertakcn and there is merit in the contentions o1' the petitioner, the respondent shall take steps to remove the subject land lrom the list of prohibitcd properties, and if any clarifrcation is needed, thc peritioner shall be put cn notice and given an opportunity of clarifying the same with relevant records. The entire exercise shall bc complcred u,ithin a period of eight weeks from the date o[ reccipr ol a copv of th: order.

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karned counsel for the pcririoner s[ared that the ltetitioner and predeces sors-in, interes [ :trc the absoluLc owncrs and pattedars of the patta land in Sv.No.32 to ar1 extenr of Ac.8.O9 gts., situated at Malkangiri Viltage, Uasheerbad Mandal, Vikarabad

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CVBR, J cc_401_2022

District. It is further stated that the nature of the land has been classified as talaab patta, shikam patta and tank bed lands. It is further stated that the respondents are not allowing him to cultivate the lands and frequently interfering with his peaceful possession and enjoyment as pattadar of subject Iands.

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.It is well settled that as per the provisions of the Telangana Land Revenue Act, 13 1 7 Fasli, if the nature of any lands is classified as talaab parta lands/ shikam patta tands/shikam porambok/shikam tank bed, mcaning thereby that those lands are sub-merged into the tanks and the shikam pattada_rs are entifled to cultivate their lands with all absolute rights when the water level is reduced in the tank, but they are not entitled to convert the said lands for other than agricultural purpose.

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Since, admittedly, in the instant case, the records reveai that the nature of the land s is shou,n as shikam patta Iands from Setwar onwards, the respondents arc directed not to interfere with the petitioner,s patta lands in an., manner and if it is found that the said patta lands of the petitioner are converted or used for other than agricultural purpose, the respondents are at liberty to prevent such conversion ancl to maintain tull tank level of the tank.

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CVBR, J ('c 401 2022

On the other hand, if the subject lands are requircd for the purpose of irrcreasing the capacity of tank/bunrl, the rcspondents shal1 initiate acquisition proceedings under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitatio, and Resettlement Act, 20 13 and urilizt: the said acquired lancl for the purpose of water body.

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