Disposed

Mr. Pasula Mogili and 4 others v. The State of Telangana and 6 others

Telangana HC10 Dec 2024WP/7647/2023

Case brief

AI extract

What is this about?

The High Court disposed of two interconnected writ petitions concerning disputed land assignment procedures. Without expressing an opinion on the merits, the court directed the District Collector to examine applications for land assignment to petitioners while adhering to Forest Department objections and due process.

What did the court decide?

Respondent No. 3 (District Collector) directed to examine petitioner applications, assign suitable lands considering Forest objections, and pass a reasoned order following due process.

Mr. Pasula Mogili and 4 others Vs The State of Telangana and 6 others — Telangana HC (2024) — LawSathi Research

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

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[32s6 ]

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TUESDAY ,THE TENTH 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 Nos: 7647 oF 2023 AND 11523 0F 2024

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WP NO: 7647 OF 2023

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Between:

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Mr. Pasula Mogili , s/o Pasula Poshalu Aged about 55 years, occ. Agriculture Fl/O Javahar nagar, Post Machapur Mulugu Dist.

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Mr. Paranandula Kumar @ Kumaraswamy, S/o Chandraiah Aged about 45 years, occ- Agriculture Rl/o.Javahar nagar, Post Machapur Mulugu Dist

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Smt. Etikala Kiranmai, W/o E .Rajendar Aged about 40 years, occ. Agriculture, R/o. Javahar nagar, Post Machapur Mulugu Dist

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Smt . Jupaka Lakshmi, w/o Shekar Aged about 50 years, occ. Agriculture Rl/O Javahar nagar, Post Machapur Mulugu Dist

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Mr. Etikala Chandariah, S/o E.Durgaiah Aged about 52 years, occ. Agriculture Rl/o.Javahar nagar , Post Machapur Mulugu Dist

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...PETIT|ONERS

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AND

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

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District Collector, Mulugu , Mulugu Dist.

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The Joint Collector, Mulugu district.

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The Revenue Divisional Officer, lr/ulugu ,Mulugu dist.

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The Tahasildar, Mulugu Mulugu Dist.

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The District Forest Officer, Mulugu ,Mulugu Dist.

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The FRO(Forest Range Officer), Mulugu , Mulugu District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a appropriate writ, order or orders, more particularly one in the nature of writ of mandamus to declare the action of the Respondents No. 2 to 7 in interfering in sy. No. 17 ,situated at lncharla village lands having an extent of ac 5.00 gts each petitioners And sy.no. 368 Venkatapur Mandal ,Jawaharnagr shivar,Mulugu dist total to an extent of acres 26 as the Assignment Proceedings are under process ,vide their Patta Proceedings No. Rc./No. Fl 227312009 dt 06.10.2009 Consequently be declared the action of that resuming the lands without issuing show cause notice and without following due process of law is

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contrary to law being arbitrary unreasonable, illegal against the interest of petitioners depriving of their Principles of Natural Justice , their by infringing their right to Property under Article 300 - A and right to life under Article 21 of Constitution of lnd ia

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lA NO: 1 AF 2023

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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 to direct the Respondent Nos. 2 to 7 to take action on the file vide Assignment Patta Proceedings No.Rc/No Fl2273l2oog dt 06.10.2009 of the Respondent no. 3 pending disposal of the writ petition

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lA NO: 2 OF 2023

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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 to direct the Respondent Nos. 2 to7 not to interfere in the lands of the petitioners to an extent of acres 26 ( i.e acr 5.00 gts each petitioner ) in sy. No. 17 and 368 Mulugu Divison lncharla village ,Venkatapur Mandal Mulugu Dist. Covered by vide Assingment Patta Proceedings No.Rc/No. F1227312009 dt 06.10.2009 of Respondent no. 3 pending disposal of the writ petition

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Counsel for the Petitioner: SRl. POCHAIAH DORISHETTI

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Counsel for the Respondent Nos. 1toS: GP FOR ASSIGNMENT

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Counsel for the Respondent Nos. 6&7: GP FOR FOREST

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WP No: 11523 OF 2024

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Between:

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Mr. Pasula. Mogili, s/o Pasula Poshalu Aged about 55 years, occ Agriculture Fi/O Javahar nagar, Post Machapur Mulugu Dist.

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Mr. Paranandula Kumar alias Kumaraswamy, s/o Chandraiah Aged about 45 years, occ Agriculture Rl/0 Javahar nagar, Post Machapur Mulugu Dist

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Smt. Etikala Kiranmai, w/o E .Rajendar Aged about 40 years, occ Agriculture Fi/o Javahar nagar , Post Machapur Mulugu Dist

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Smt. Jupaka Lakshmi, w/o ShekarAged about 50 years, occAgriculture Rl/O Javaharnagar , Post Machapur Mulugu Dist

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Mr. Etikala Chandariah, Aged about 52 years, occ Agriculture Rl/O Javahar nagar, Post Machapur Mulugu Dist

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Paranandula Shankar, s/o Chaindraiah Aged 45 years, occ agricultte Javahar nagar, Post Machapur Mulugu Dist

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Etikala Rajendar, s/o_ Chandraiah Aged 50 years, Occ agriculture , Rl/O Javahamagar, Post Machapur Mulugu Dist

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...PETITIONERS

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AND

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

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The chief iorirmissioner of land^{administration ( CCLA ), Hyderabad}

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The Collector, l\Iulugu district.

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The Revenue'Divisi5nal Officer,^Mulugu ,Mulugu^dist'

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The Tahasildar, Mulugu Mulugu Dist.

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...RES'ONDENTS

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Petition under Article 226^{of the constitution of lndia prayingthat in the} circumstances stated in the^{affidavit filedtherewith,the High Court may be} pleased to issue a appropriate writ,^{order or orders, more particularlyone in the} nature of writ of mandamus^{to declare the action of the Respondents No. 2 and3} in not issuing E-Patta^{Pass Books to the land in sy. No. 17, situatedat lncharla} village lands having an^{extentof ac 5.00gts each petitionersAnd alsoin sy.no.} 368 Venkatapur Mandal ,Jawaharnagr^{shivar ,Mulugu.dist total to an extent of} acres 20 as the Assignment^{Proceedings are underprocess ,vide their Patta} proceedings No. Rc./No. Ft 227312009 dt 06.10.2009 being^arbitrary unreasonable, illegal^{against the interest of petitioners depriving of their} principles of Natural Justice , their by infringing their right to^{Property under} Article 300 - A^{and right to life under Article 21 of constitution of lndia} consequently direct the^{respondentno.2 and 3 to issuing E-PattaPass Booksto} the land in sy.^{No' 17, situated at lncharla village |ands having an extent of ac} 5.00 gts each^{petitioners And also insy no368 VenkatapurMandal} ,Jawaharnagr^{shivar,lvlulugu disttotalto an extent of acres 20} lA NO: 1 OF 2024

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Petition under section^{151 CPC prayingthat in the circumstancesstated} in the affidavit filed^{in support of the petition,the Highcourt may be pleasedto} suspend the^{proceedings of Sth respondent RC No B/ 13Bl 2024 Dated 16.04.} 2024^pending disposal^{of the writ petition}

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Counsel for the Petitioner:^{SRl. POCHAIAH DORISHETTI}

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Counsel forthe Respondent^{Nos.1,3&4: GP FORREVENUE}

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Counsel for the Respondent^{No'2: GP FOR LAND ACQUISITION}

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The Court made^{the following:ORDER}

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I I I

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HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

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WRIT PETITION Nos.7647 of^o O23 and, LL523 of 2024

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COMMON ORDER:

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The issue involved in these writ petitions is intrinsically interconnected and therefore, they are taken up and heard together and are being disposed of by this common order.

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Writ Petition No.7647 of 2023 is filed seeking following relief:

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".... to issue a appropriate uil, order or orders, more particularlg one in the nalure of writ of mandamus lo declare the action of the Respottdents No. 2 to 7 in interfering in sg. No. 17, situated at Incharla uillage lands hautng an extettt of ac 5.00 gts each petitioners And sg.rto. 368 Venkatopur Mandal Jawahqntagr shiuar, Mulugu dtst total to an extent of acres 26 as tl'Le AssignfiEnt Proceedings are under process, uide their l'atta Proceedings No. Rc./No. F/2273/2OO9 dt 06.10.2009 C.onseqt.tentLA be declared the actton of thnt resuming the lands without ls-suing shou cause rlotice and Luithout following due process of law is cotltrary to law being arbttrary unreasonable, illegal against tlle itteresl of petitioners depiuing of their Pinciples of Natural Justice, their by irLfinging their right to PropertA under Article 300 A and ight to lrfe under Article 21 of Constitution of lndta...."

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Writ Petition No.1 1523 ol 2024 is filed seeking following relief

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"....1o is-srre a apJtropriate util, order or orders, more particularlg one in the nature of urril of mandamus to declare the action of the Respondenls No. 2 and 3 in no, issuing E-Patta Pass Books to the land in sg. No. 17, situqted ctt Incharla uillage lands hauing an extent of ac 5.0O gts eech petitioners And^qlso in sy no.368 Venkatapur Marulal Jautahanrugr shiuar Mulugu dist total to an ertent of acres 2O as th.e Assignmeti Proceedings are under process, uide their Patta Proceedings No.Rc./No. F/ 2273/2009 dt 06.10.2009 being arbitrary unreasonable, illegal againsl the interest of petttioners depiuing of their Principles of Natural Justice, their by infinging tlrcir ight to Propertg utTder Article 3O0-A and right to life under Article 21 of Constitution of India consequently direct the respondent no. 2 and 3 to issuiftg E-Patta Pass Books to the land in sy. No. 17, sttuated at Incharla uillage lc.ncls hauing an extent of ac 5-OO gts each petitioners And also in sg.no. 368 Venkatapur Mandttl Ja utahattagr shiuar, Mulugu dist total to an ertent of acres 2O.-.."

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)

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Writ Petition No.7647 of 2023 is taken^{up as a leading case to} decide the lis in these two cases.

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The brief facts of the case that are necessary^{for disposal of the} present writ petitions are:

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It is the case of the petitioners that^{they belong to Scheduied} Caste community and they are eking out^{their livelihoodby working} as agricultural coolies. It is further case^{of the petitionersthat they} are possessors and cultivators of different^{extents of lands in} Sy.No. 17, situated at Incharla Village,^{Venkatapur Mandal, Jawahar} Nagar Shiver, Mulugu District,^{which are Shivai Jamabandilands} and they are also cultivating^{lands inSy.No.368,situated at} Venkatapur Viliage and Mandal, Jawahar^{Nagar Shivar,Mulugu} District. It is also case of the^petitioners that^{they submitteda} representation dated 05.1O.2O09 to^{the respondentNo.3-District} Collector, for issuance of^{patta certificates as they are landlesspoor} persons. It is stated that basing on^{the representation submittedby} them, the Sub-Collector, Mulugu,^{has submitted vide ietter in} Rc.No.F/2273 l2OO9 dated^{06. 10.2OO9directedthe respondentNo.S-} Tahsildar, to conduct field^{inspectionand submit a detailed report} for further course of action.^{The grievance of the petitioners is that} inspite of the aforesaid letter dated^{06.10.2OO9,the respondentNo.S} is not submitting report to the Sub-Collector^instead,the

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.,)

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respondents are frequently interfering with the possession of their lands and trying to stop the agricultural activities in the subject lands. Hence the Writ Petitions.

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The learned Assistant Government Pleader for Assignment and the learned Assistant Government Pleader for Forests appearing for the respondents on instructions, have submitted that as per the revenue records i.e, pahani for the year 2Ol9-2O, out of entire land admeasuring Ac.494.2O gts in Sy.No. 17, an extent of Ac.465.08 gts is Forest Land and remaining extent i.e, Ac.29.12 gts is Government land and the same was assigned to landless poor persons. It is further submitted that as per revision survey, Sy.No.S(old) is assigned as Sy.No.17 (neu,) of Incherla Village, Mulug Mandal, which is Government land and was assigned to landless poor persons, whereas the nature of land claimed by the petitioners in Sy.No. 17 (old) is Shivai Jamabandi. It is further submitted that petitioners are not entitled to get assignment pattas on the strength of the letter dated 06. 10.2009 addressed by the Sub-Collector, Mulugu, wherein tl.e petitioners themselves mentioned that they are cultivating the Government land since five years. It is also submitted that as per the revenue records, the land to an extent of Ac.323.32 gts in Sy.No.368 is recorded as Gairan land and as per Supplementary Sethwar, it was denoted by Sy.No.368/2 to 36g13g to an extent of

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I I

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Ac.2l2.l9 gts and assigned to^{37 beneficiaries'It is further stated} that the-then District Collector,^{Warangal,has cancelledthe} Assignment pattas vide No.B4/37OBl 2011^{dated 25'08'2011 as it is} a Forest lald.

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In view of the above, since^{it is the case of the petitionersthat} they beiong to Scheduled Caste^{community and are ekingout their} livelihood by working as agricuhural^{coolies, this Court without} expressing any opinion^{with regardto the merits of the case,deems} it appropriate to dispose^{of the writ petitionsby directing the} respondent No.3-District^{Collector toexamine the application} submitted by the^{petitioners and assign any suitablelands to the} petitioners kecping in^{view the directiveprinciplesof State policyand} by taking into account^{the objectionsraised bythe Forest} Department by following^{dueprocessof law If the petitioners are not} otherwise entitled,^{the respondent authorities shail pass a reasoned} order, in accordance^{with law and communicatethe decision thereon} to the petitioners.

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g. Accordingly,^{bot1l the Writ Petitions are disposed of'}

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As a sequel,^{the misceilaneouspetitions pending, if any' shall}

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stand closed. No^{order as to costs}

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SD/-T. TIRUMALA^DEVI ASSISTANT EGISTRAR F //TRUE^COPY// , SECT ION OFFICER

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To,

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The Principal^{Secretary'Revenue} ,secretariat'^{T S''Hyderabad'}

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The Distriit^{Collector, Mulugu , Mulugu urst'}

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The Joint^{Collector, Muluqu distrlcr'}

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;. iil; R;;;;bivisionatdfficer,^Mulugu 'Mulusu^dist'

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HIGH COURT

DATED:1011212024

COMMON ORDER

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WP.Nos.7647 OF 2023^AND 11523 0F 2024

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DISPOSING OF BOTH^{THE WRIT PETITIONS} WITHOUT COSTS

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Mr. Pasula Mogili and 4 others v. The State of Telangana and 6 others

Case brief

What is this about?

What did the court decide?

Mr. Pasula Mogili and 4 others v. The State of Telangana and 6 others

Case brief

What is this about?

What did the court decide?

What the court decided

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