Disposed

Pathlavath Anuradha v. The State of Telangana

Telangana HC4 Apr 2024WP/8891/2024

Case brief

AI extract

What is this about?

Writ petition challenging the inclusion of the petitioner's land in a prohibitory list. Court directed petitioner to submit an online application under the CCLA Circular to remove the land from the list and directed authorities to consider the application within eight weeks.

What did the court decide?

Liberty granted to submit online application; Respondents directed to consider the same within eight weeks.

Pathlavath Anuradha Vs The State of Telangana — Land Acquisition | Telangana HC (2024)

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r.\

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

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[³¹⁶⁸ ]

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THURSDAY ,THE FOURTH DAY OF APRIL 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 PETITION NO; 8891 OF 2024

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Between:

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Pathlavath Anuradha, W/o Pathlavath Srinu, D/o Late Mudavath Kamalamma, Aged about 28 years, Occ- Housewife, Rl/o H.No.3-81, Pool Singh Thanda, Talakondapally, Chandradana, Mahabubnagar District, Telangana State

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...PETITIONER

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AND

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

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The District Collector, Mahabubnagar District, Telangana State

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The Tahsildar, Midjil Mandal, Mahabubnagar^{District, Telangana State}

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...RESPONDENTS

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Petition under A(icle 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 any Writ, order or direction more^particularly one in the nature of WRIT OF MANDAMUS declaring the action of^{the Respondentsshowing the} Petitioners land in Sy.No.126E admeasuring^{Ac.03-0ogts,& Sy.No.129/11/ 1} admeasuring Ac.'l-20gts altogether^{admeasuring Ac.4-20gts, situatedat Vemula} Village, Midjil Mandal, Mahabubnagar^{District, Telangana State, in prohibition list} without issuing any notice to the^{Petitioner and without following due process of} law as illegal, arbitrary and violation^{principlesofnatural justiceand} consequently direct the^{Respondents to removethe Petitioner'sproperty in} Sy.No.126E admeasuring^{Ac.03- 00gts, Bs Sy.No.129l11l1 admeasuring Ac.1-} 20gts altogether admeasuring^{Ac.4-20gts,situated at VemulaVillage,Midjil} Mandal, Mahabubnagar District,^{Telangana Slate, from prohibitlon list}

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lA NO: 1 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 to direct the Respondents to remove the Petitioners property in Sy.No.126E admeasuring Ac.03-00gts,and Sy.No.129111l1 admeasuring Ac.1-20gts altogether admeasuring Ac.4- 20gts, situated at Vemula Village, Midjil Mandal, Mahabubnagar District, Telangana State, pending disposal of main Writ Petition

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Counsel for the Petitioner: SR!. SHAIK MOHD NAIMUDDIN

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Counsel for the Respondents: SRI SRINIVAS REDDY, AGP FOR REVENUE The Court made the following: ORDER

I t_.,

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HON'BLE SRIJUSTICE K. LAKSHMAN

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WRIT PETITION No.8891ot2024

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ORDER:

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Heard learned counsel for the petitioner and Sri Srinivas Reddy, learned Assistant Govemment pleader for Revenue appearing for respondents.

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According to the petitioner, her mother i.e., late

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Mudavath Kamalamma was the absolute owner and possessor of land admeasuring Ac.03-00 gts in Sy.No.l26E situated at Vemula Village, Midjil Mandal, Mahabubnagar District. It is patta land. She was also owner of Ac.l-20gts in Sy.No.l29ll l/l of very same village and it is Iaoni patta. In proof of the same, she has filed a copy of lates t pattadat passbook and title deed of her mother.. Her mother died on 10.05.2023. She has executed a will deed dated 21.10-202r. when petitioner t.ied to submit online apprication with respondent No.2 with a request to consider the will deed, mutate her name and issue pattadar passbook, the subject property is mentioned in the prohibitory list. Therefore she could not submit onrine application. Therefore, the

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present Writ Petition.

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Whereas, Iearned Assistant Govemment pleader for Revsaus, on instructions would submit that as per the revenue records, the Iand to an extent of Ac.03_00 gts in Sy.No.l26E is ceiling surplus land and land to an extent of Ac.l_20 gts in Sy.No .129/ll/l is assrgned land.

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4 However, petitioner has to submit online application in terms of CCLA,s Circular No.l/2021, dated 15_01-2021 with respondent No.2 with a request to remove the said property from the prohibitory list and on filing such application, it is for respondent No.2 to consider the same in accordance with law.

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In the light ofthe aforesaid discussion, this Writ petition is disposed off granting riberfy to the petitioner to submit online application with respondent No.2 in terms of the aforesaid circurar along with arl relevant documents with specific request to delete the said properfy from the prohibitory list and on filing such application, respondent No.2 shall consider the same and pass appropriate orders in accordance with law by putting the petitioner on notice and affording her an opportunity of hearing. If,, respondent No.2 is not inclined to accept the re nmuucate the said \qa,on, and pass " *",":::':::I'H, "i::::"::::lt:

order to the petitioner and he shall complete the entire exercise within

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a period of eight (8) weeks from the date of receipt of copy of this

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order.

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As a sequel thereto, miscellaneous petitions, if any, pending in

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the Writ Petition shall stand closed.

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sD/-A.V.S.PBASAD ASSISTANT REGTTRAR

//TRUE COPY//

SECTION OFFICER

To,

'l . The Principal Secretary, Revenue Department, Secretaria-t, T'S',Hyderabad 2. The District Collector,^{Mahabubnagar District' Telangana State} ^

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The Tahsildar, Midjil^{Mandal, Mahabubnagar District, Telangana.State}

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+. f*o CCs io GP FOR^REVENUE ,High^{Court for the State of Telangana,at}

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Hyderabad [OUT] 5. oi; cC to sRt. SHetr^{voHo NAIMUDDIN, Advocate[oPUC]}

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Two CD CoPies

GJP

HIGH COURT

DATED:0 410412024

ORDER

WP.No.8891 of 2024

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i DISPOSING OF THE WRI-T PETITION I WITHOUT CbSTS

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Pathlavath Anuradha v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Pathlavath Anuradha v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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