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Naliganti Benhar v. The State of Telangana

Telangana HC23 Dec 2024WP/36072/2024

Case brief

AI extract

What is this about?

In this writ petition, the High Court directed the appellate authority to dispose of a pending land conversion appeal within three months after providing an opportunity of hearing to the petitioner and issuing notices to interested persons, without expressing an opinion on the merits of the case.

What did the court decide?

Direction to the Appellate Authority to dispose of Appeal Rc. No. E2/2146/2024 within 3 months after providing an opportunity of hearing and issuing notices.

Naliganti Benhar Vs The State of Telangana — Land Acquisition | Telangana HC (2024)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 36072 OF 2024

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Between:

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Naliganti Benhar, S/o. Benni, Age. 53^years, Occ. Business,^Rl/o H.No 20-4-1 0 I 1, Fort-Warangal, Warangal City District

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...PETITIONER

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AND

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The State of Telangana, rep. by its Principal Secretary, Revenue Dbpartment, Secretariat, Hyderabad.

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The District Collector, Warangal District.

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The Revenue Divisional Officer, Warangal District,

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The Tahsildar, Khila-Warangal Mandal, Warangal Distri6t,

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Naliganti Anil Kumar, S/o. Navab, Age.60^years, Occu.^{Business,R/o- H.No.} 204-7,Fon-tNarangal(West),WarangalDistrict

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...RES'ONDENTS

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Petition under Article 226 of lhe Constitution of lndia^{praying that in the} circumstances stated in the affidavit filed therewith, the^{High Court maybe} pleased to issue an appropriate writ, order or direction more^particularly oneⁱⁿ the nature of Writ of Mandamus directing^{the 2nd respondent to disposethe} appeal Rc. No. E21214612024 filed under Sec. 8^{of The Telangana Agriculture} Land (Conversion for Non Agricultural^{Purposes)Act,2006}

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Counsel for the Petitioner: SRl.^{R. NAGENDRA CHARY}

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Counsel forthe Respondent Nos. 1to4: GP FOR^REVENUE

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Gounsel for the Respondent No.5:

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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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WRIT PETI TION No.36O72 of 2024

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ORDER:

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This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following reliet

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"....to r'ssue an appropriate ui' order or d.irection more particularly one in the nature of Writ of Mand.amus directitg the 2,d respond.ent to dispose the apped Rc.No.E2/ 2146/ 2024 fi.led under Section 8 of TLte Telangana Agicutture Land (Conuersion for Non Agicultural purposes) Act,2006....'

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considered the submissions of the learned counsel for the respective parties and perused the record.

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It is stated that the petitioner herein has filecl a suit in O.S.No. 183 ol 2005 on the file of the Senior Civil Judge, Warangal for partition and separate possession in respect of various agricultural lands including land admeasuring Ac.3_0O guntas in Sy.No.846 (corrr:sponding its old Sy.No. 133 1) siruated ar Fort Warangal Revenue Village, Khila Warangal Mandal, Warangal District and the said Court vide order dared 21.O4.2OO9 in I'A'No.239 of 2oo9 in o.S.No. 1g3 of 2005 directed rhe parties to maintain status quo and restrained to raise any structures in the <sup>suit schedule property. It isfurther stated that dr-rring the pendency of the said suit and operation of the interim orders, acting

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upon the^{representationof respondentNo's'respondent No 4} issued NALA^{proceedings vide No'24004i7400'dated30'O7'2024in} respect of the^{subject property and aggrieved by the issuanceof} said^{proceedings,the petitioner has frled anappealvide} Rc.No.E2/214612024^{underSection B of The TelanganaAgriculture} Land (Conversion^{for Non AgriculturalPurposes)Act' 2o06' before} respondent^{No.2and the appellateauthority has issued noticesto} the contesting^{parties, but so far has not decidedthe saidappeal;} and taking^{advantageof the conversion proceedings'respondent} No.5ismakingeflortstoalienatethesubjectpropertyinfavourof the third^{parties and in the eventif responden(No'5executes any} document^{of alienation, it would causegreat hardship and loss to} him.

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karned counsel^{for the petitioner submitted that once} are issued^{on the disputed property'the} conversion Proceedings land ceases to^{be the agricultural land and if respondent No'S is} allowed to^{alienate the subject property in favourof the third} parties, the^{classification of the said land in the revenue records} would be changed,^{thereby causing the petitioner to iose his rights} to receive^{investmentsubsidiesand the incentives sanctionedby} the Government.

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-.,

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In vierv of the above, this Court without expressing any opinion with regard to the merits of the case, deems it appropriate to dispose of this writ petition directing respondent No.2 to dispose the appeal vide Rc.No.E2 /214612024 filed by the petitioner, after pioviding an opportunity of hearing to the petitioner and after issuing notices to all interested persons including the respondents in the said appeal and pass a reasoned order within a period of ftree (3) months from the date of receipt of a copy of this order.

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With thr: above observations, this Writ Petition is disposed of.

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As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

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To,

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Sd/- L. VIJAYA LAXMI ASSISTANT REGISTRAR //TRUE COPY// ),,. SECTION OFFICER

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1 . The Principal Secretary,, Revenue Department, Secretariat, T.S..Hyderabad. 2. The District C,)llector, Warangal District. 3. The Revenue Divisional Offic6r. Waranoal Disrricr 4. The Tahsildar Khila-Warangal Mandal,-Warangji'Oi"trict, !. 9n.^{CC to SRt R NAGEND-RA CHARV,} AOrod"te fOpu'bl 6 Two CCs to GP for REVENUE, High Court foitlre-S'tat" of t"trngana at Hyderabad [OUT]

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Two CD Copies B M MP Y4.

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HIGH GOURT

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DATED:2311212024

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ORDER

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WP.No.36072 of 2024

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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apf.6 \a Y{,-. 6a,

Naliganti Benhar v. The State of Telangana

Case brief

What is this about?

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Naliganti Benhar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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