Allowed

Thalla Lakshmi Bai v. The State of Telangana

Telangana HC1 Oct 2024WP/27182/2024

Case brief

AI extract

What is this about?

The High Court set aside the District Collector's order rejecting the petitioner's application for conversion of agricultural land to non-agricultural use. The Court held that under the amended Act, the Tahsildar has the authority to issue such proceedings and the Collector's order was not reasoned. The matter was remanded to the Tahsildar to consider the application and his prior recommendation.

What did the court decide?

The impugned rejection order is set aside and the matter is remanded to the 3rd Respondent/Tahsildar to consider the application and pass appropriate orders within four weeks.

Thalla Lakshmi Bai Vs The State of Telangana — Landlord and Tenant | Telangana HC (2024)

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HIGH COURT^{FORTHE STATE OF TELANGANA} AT HYDERABAD (SPecial Original Jurisdiction)

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TUESDAY, THE^{FIRST DAYOF OCTOBER} TWO THOUSAND^{AND TWENTY FOUR}

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PRESENT

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THE HONOURABLE^{SRI JUSTICE K.LAKSHMAN}

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WRIT PETI TION^{NO:27182 0F 2024}

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Between:

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Thalla Lakshmi^{Bai, w/o. LateT Satyanarayana.Aged 74 years,occ ; Agric-ulture} ,i-ri'n'"r.ir-r,"ro^{nyo. H.uo.sl'ia, pJ'6lrn",iobad, NearZPHS, JeedimetlaVillage,} Medchal Malkalgiri^District.

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.....PETITIONER

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AND

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The State^{of Telangana, Rep By Principal Secretary Revenue' Secretariat} Hyderabad.

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The chief^{commissioner of Land Administration, Nampally stationRoad,} Hyderabad.

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The District^{Collector, Medchal Malkajgiri District'}

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The Revenue^{Divisional officer, Mallkajgiri Division, MedchalMalkajgiri} District.

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The Tahasildar,^{Quthbullapur Mandal, Medhcal MalkajgiriDistrict'}

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...,.RESPONDENTS

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PetitionUnderArticle226oftheConstitutionoflndiaprayingthatinthe circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue a^{Writof Mandamusor any other appropriate Writ and set aside} the memo dt.^{O2lOgt2O24of the 3rd Respondent} under aPPlications^dt. OglOBl2O23,^{bearingNos. H52300006362and} H52300006360^and Hs2300006364anddirectthe3rdRespondenttoconsidertheapplicationsofthe Petitioner in^{respect of the landto an extent of Ac 1-13gts in sy No' 132 and an} extent of Ac^{0-1 5 gts in Sy No.'133totallyadmeasuringAc 1-28 gts situatedat} Jeedimetla^{Village, QuthbullapurMandal, Medchal-lrilalkajgiri District'}

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l.A.NO:'l OF 2024

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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 be pleased to direct the 3rd and 4th Respondents to consider the applications, dt 09.08.2023, bearing No. HS2300006362 & HS2300006360 and H52300006364 for NALA conversion / PPB under TM-3'1 module in Dharani^portal in respect of the land to an extent of Ac 1-13gts in Sy No. 132 and an extent of Ac 0-15 gts in Sy No. 133 totally admeasuring Ac 1-28 gts situated at Jeedimefla Village, Quthbullapur Mandal, Medchal-Malkajuiri District, pending disposal of the writ petition.

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Counsel for the Petitioner : SRI K.LAXMAN RAO

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Counsel for the Respondents : SRI L.RAVINDER, AGp FOR REVENUE

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The Court made the following ORDER

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HON'BLE SRI JUSTICE K. LAKSHMAN

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WRIT PETITION No.27182 OF 2024

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ORAL ORDER:

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Ileard leamed counsel lbr the petitioner and Mr. 1.. Ravinder, leamed Assistant Govemment Pleader lor Revenue appearing on behalf ofthe respondents.

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According to the petitioner, her husband, late T Satyanarayana, was the absolute owner and possessor of the land admeasuring Acs. I . 13 guntas in Sun,ey No. 1 32 and Ac.0. I 5 guntas in Survey No.l33, making a total extent of Acs.1.28 guntas, sihlated at Jeedimetla Village, Quthbullapur I'ahsil, Medchal - Malkajgiri District. After his death, the petitioner herein being his lcgal heir succeeded to the said properly. The petitioner has submitted an application vide ID No.HS2300006362, dated 09.08.2023 with respondent No.5, with a request to convert the subject land from agricultural to non-agricultural and issue proceedings. Vide proceedings, dated 09.07.2024, respondent No.5 recommended for issuancc of conversion proceedings converting the subject land from agricultural to non-agricultural. Even then, respondent No.3 did not issue the proceedings, and on the other hand, without considering the said proceedings of respondent No.5, respondent

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(t-J WP No 21182 012024

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No.3 rejected the aforesaid online application submitted by the petitioner.

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After amendment to the Telangana Agricultural Land (Conversion for Non Agricultural Purposes) Act, 2006 vide Act No.19 of 2020, respondent No.3 has no role in issuing proceedings converting the landfrom agricultural to non-agricultural, and it is respondent No.5, who has to issue such proceedings. In fact, the petitioner has submitted the aforesaid online application with respondent No.5 with a request to convert the subject land fiom agricultural to non-agricultural. Therefore, the said aspects were not considered by respondent No.3 in the impugned rejection order. However, he has not mentioned any reason in the said order. It is not a reasoned order.

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-. ,.{.^{h the light of the above discussion,} the impugned rejection order pursuant to the online application ID No.HS2300006364 is liable to be set aside and accordingly the same is set aside. The matter is remanded back to respondent No.5 with a direction to consider the aforesaid online application submitted by the petitioner seeking conversion of the subject land from agricultural to non-agricultural and pass appropriate orders in accordance with law. He shall also consider his r,ecommendation dated 09.07 .2024 and also the proccedings dated \J

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",,.'.""

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KI.] W P No 27182 of202,1

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