Single judge order in Writ Petition where petitioner sought declaration of inaction in issuing patta certificate under NRR policy. Court directed respondents to consider petitioner's case and issue final patta within six months.
Directed respondents to consider petitioner's case for final patta certificate and do so within six months.
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.
[32e6 ]
HIGH COURT FOR THESTATEOF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction)
THURSDAY, THEFIFTHDAY OF SEPTEI\iIBER TWO THOUSANDANDTWENTYFOUR
PRESENT
THE HONOURABLESRI JUSTICE C.V. BHASKARREDDY
WRIT PETITIONNO : 16079 OF 2023
Between:
Kistolla Durgamma,D/o. Narasimha, -\pp9^42 years, Occ Housewife, Hlo H tto. 1:5Bl2,Dachatam,Medak- 502313'
.PETITIONER
AND
...RESPONDENTS
Petition underArticle 226 of the constitution of lndia prayingthat in the circumstancesstatedin the affidavit filedtherewith,the High Court may be pleasedtoissueanyorder,directionorWrit'moreparticularlyinthenatureof WritofmandamusdeclaringtheinactionoftheRespondentsmoreparticularly Respondents No.2 to 4 in not issuing the Patta certificate in favour of Petitioner in pursuant tothe allotmentlist dt 29' 01' 2014 @ Serial No 290 issuedin respect of affectedfamiliesin DacharamVillage for allotment of house sites in Sy.No.l66ofKistaipalyVillage,JinnaramMandalinimplementationof Rehabilitation andResettlementpackage under NRR policy 2007as being illegal, arbitraryapart from being violativeof Articles 14' 21 & 300- A of the Constitution oflndia and consequentlydirect the Respondentsto issue Patta certificate infavour of Petitioner pursuant to the allotment list dt 29. 01 2014or Serial No.290 issued in respect of affected families in Dacharam Village for allotmentofhouseSitesinSy'No.,l66ofKistaipalyVillage,JinnaramMandalin
implementation ofRehabilitationand Resettlement package under NRRpolicy 2007
lA NO: 1 OF 2023
Petition under section151 CPC praying that in the circurrstancesstated in the affidavit filedrn supportof the petition,the High Court ma1'bepleasedto direct the Respondentsto issue Patta certificate in favourof Petitioner pursuant to the allotment listdt 29.01 .2014 @Serial No. 290 issuedin respect of affected families in Dacharam Villagefor allotmentof house sites in siy. No. 166 of Kistaipaly Village,Jtnnaram Mandal in implementationof Rehabilitationand Resetflementpackage under NRR policy 2007 pending disposalof the present Writ Petition
lA NO: 2 OF 2023
Petition under section151 CPC prayingthat in the circuntstances stated in the affidavit filed in supportof the petition,the High courtma/be pleased to direct the Respondents toconsider the representationsdt 05. 02. 2019 and dt 07. 06. 2023 madeto RespondentNo.2 to 4 pending disposal of the above writ Petition.
Counsel for the Petitioner:SRIVADEENDRA JOSHI
Counsel for the Respondents:GP FORLAND ACQUISITION
The Court made the following:ORDER
/ -*7
THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY
WRIT PETITION No.16079 of 2023
ORDER:
This Writ Petition is hled praying this Court to declare the action of respondent Nos.2 to 4 in not issuing the patta certificate in favour of the petitioner pursuant to the allotment list, dated 29.O1.2024 at S1.No.290 issued in respect of affected families in Dacharam Village for allotment of house sites in Sy.No.166 of Kistaipaly Village, Jinnaram Mandal, in implementation of Rehabilitation and Resettlement package under NRR Policy, 2007 as illegal, arbitrary and violative of the Articles 14, 2l and 3O0-A of the Constitution of India and consequently, prayed this Court to direct the respondents to issue patta certificate in favour of the petitioner and for other appropriate reiiefs.
\ i-r
.\
2
CVBR, ] Wp 16179 of 2023
Dacharam :Lnd Darugulla Village, wherein 304 families, rnho are residents of Dacharam and Darugulla Villagr:s, were recognized to have lost their source of livelihood as their agricultural land.rrvas acquired. It is the further case of the petitioner that the Government of India has form-tlated a Rehabilitalion and Resettlement package uncler NRR policy for the effected families of Dacharam and Darugulla Vil1ages. It is the further case of the petitioner that she rn as irlentified as benehciary in the said scheme and her namc was placecl at S1.No.29O rn the list prepared on 29.O7.2074. Tihe grievance of the petitioner is that even though the similarly situated persons, ',vh o lost their houses in the same villagr:s, have been allottcd residential plots, her case has n,rt been considered even though her name was shown at 51.N:.29O in the list prepared on 29.O1 .2014.
3
CVBR, J wp_1-6119 of 2O)3
"*€ ^;rz
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estabiishment of Air Force Academy at Dindigal. Since it is stated that the name of the petitioner was identifred as beneficiary in the list prepared on 29.01.2024 at S1.No.290, for allotment of residential plot under the scheme introduced by the Central Government i.e., under NRR poiicy, this Court is of the opinion that ends of justice would be met if the respondents are directed to consider the case of the petitioner to issue hnal patta certihcate duly taking note of list prepared on 29.OI.2O14 within a period of six (06) months from the date of receipt of a copy of this order.
R R %'!r?lftYffi
//TRUECOPY//
SECTIONOFFICER
To,
3.The Revenue Divisional Officer' Medak
7 Il_l:) g BSR GJP in "",,-.,
HIGH COURT
DATED: 0510912024
ORDER
WP.No.16079 of 2023
I
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DISPOSING OF THE WRITPETITION,
WITHOUT COSTS
.A
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2 issues framed by the court
Whether the respondents are directed to consider the petitioner's case for issuing a final patta certificate under the NRR policy.
Whether the petitioner's name on the allotment list justifies issuance of patta certificate despite non-allotment.
Kistolla Durgamma
State of Telangana
District Collector, Sanga Reddy District
Revenue Divisional Officer, Medak
Tahsildar/MRO, Munipally Mandal, Sanga Reddy District
C.V. BHASKARREDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
