Parvathaneni Ashok Rao Vs The State of Telangana

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[³¹⁶⁸ ]

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

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THURSDAY, THE SEVENTEENTH^{DAY OF JULY} TWO THOUSAND AND TWENTY^FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE^K.LAKSHMAN

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WRIT PETITIO N NO: 20667 OF²⁰²⁵

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Between:

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Parvathaneni Ashok Rao, S/o^{Rama Rao, Age. 63 years, Occ. Agriculture,} R/o.H No.6-57134, Ashoknagar,^{Chinthakunta Rural' KarimnaT::il|;"r_}

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AND

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

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Tha District Collector,^{Karimnagar, KarimnagarDistrict.}

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The Revenue Divisionat^{Officer, Karimnagar Revenue Division,Karimnagar} District.

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The Tahsildar, Kothapally^{RuralMandal' Karimnagar District.}

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S. lreddy Bakkamma,^{Oio.tate Veeraiah,Agq.} 1S^{years,Occ. Household,Fl/o'} Chinthakunta Rural Villaqe,^{KarimnagarDistrict.}

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Ramidi Lingamma,^{D/o. [ate Veeraia6.Age 69 years, Occ. Household,FVo'} Chinthakunla Rural Village,^Karimnagar District.

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...RES'ONDENTS

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Petition under Article 226 of^{lhe constitution of lndia prayingthat in the} circumstances stated^{in the affidavit filed therewith, the High courtmaybe} pleased to issue an appropriate writ, order^{or direction more particularly one in the} nature of Writ of t\rlandamus^{declaringthe actionof the respondents Nos.1 to 4 in} notifyrng land to an extent^{of Ac 1.28 gts in sy.No. 83/A (out of Ac. 3.16 gts)as} Prohibited for Transaction in^{Dharani Portalwithout giving notice to the petitioner} and giving an opportunity^{of hearing as bad, illegal, arbitrary, opposedto principles} of natural^justice and^{violative of Art. 300-4 constitution of lndia, consequentlyset} aside the same and direct^{respondentsNos. 1 to 4 to de-notify/Deletethe land to} an extent o,f Ac1.2B^{gts in sy.No.B3/A (out of Ac. 3.16gts) from prohibitory list as} in revenue records.

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lA NO: 1 OF 2025

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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. 1 to 4 to de-notify/Delete the land to an extent of Ac I.28 gts in Sy.No. 83/A (out of Ac. 3.16 gts) from Prohibitory list in revenue records.

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Counsel for the Petitioner: SRI CH.KOTESWARA RAO Counsel for the Respondent Nos.1 TO 4: AGP FOR REVENUE Counsel for the Respondent Nos.5 & 6: -

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The Court made the following: ORDER

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)

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HON'BLE SRI JUSTICE^{K. LAKSHMAN}

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WRIT PETITION No.2 0667 0F²⁰²⁵

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ORAL ORDER:

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Heard learned counsel for the^petitioner and^leamed Assistant Govemment Pteader lbr^{Revcnue appearingon behalf of} respondents Nos.l to 4.

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The petitioner herein is claiming^{that he is the absolute} owner and possessor of the^{land admeasuring Acs. 1.28 guntas in} Survey No.83/A out of Acs.3.l6^{guntas, situated at Chinthakunta} Village, Kothapatli Mandal,^{Karimnagardistrict under a registered} sale deed bearing document^{No.Sl95of 2012, dated 26-07-2012.} His name was also mutated in^{revenue recordsand latest pattadar} passbook-cum-title deed was also issued.^{Even then, the subject} property was mentioned in the list^{of prohibitoryproperties.} Therefore, he has submitted^{an applicationbearing No.1711002-} 0022 during Prajavani to respondent^{No.4 and also a written} representation dated 20.03.2024^{witha requestto delete the subject} property from the list of prohibitory^{properties.Despite receiving} and acknowledging the said application,^{respondentNo.4 did not} act upon the same. Aggrieved^by the^{said inactionof respondent} No.4, the petitioner filed the prcsent^{\r'rit petition.}

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KL. J w P No 20667 ollo25

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It is apt to note that the Govemment ol- Telansana has promulgated the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025, and, it came inro effect from 14.04.2025. Telangana Bhu Bharati (Record of Rights in Land) Rules, 2025 were also framed vide G.O.Ms.No.39, dated 14.04.2025. As per Rule - 4 (3 ) and Schedule - A of the said Rules. rhe Disrricr Collector is thc Compctent Authority to delete the subject propen), lrom the list ofprohibitory properties. Therefore, the petitioner has to submit an application to respondent No.2 in terms ol'Rule - 4 with a request to delete thc subject prope(y lrom the list of prohibitory properties and respondent No.2 shall consider the same.

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lt is relevant to note that respondent Nos.5 and 6 fited a suit vide O.S. No.130 of 2009 against one Mr. Baraju Madava Rcddy & others seeking partition and separate posscssion of the suit schedule properties therein. The same was dismissed on 04.06.2018. Fceling aggrieved and dissatisfied u.ith the said .iudgment^{and decree, respondent} Nos.5 and 6 preferred an appeal vide A.S. No.l61l of 2018. The same is pending. The pcl.itioner

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a/

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J

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(1. l U P No 10667 oflols

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herein filed an Intcrlocutory Application to implead him in the said

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appeal. The same is also pending

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Perusal of record r.','ould reveal that one Mrs Muchenthala Muneendra claiming to be thc absolute owner and possessor of land admeasuring Acs. 1.08 guntas in Survey No.102/B/B of Chinthkunta Viltagc, Kothapalli Rcvenue Mandal; the said property was also mentioned in the list of prohibitory properties; she has filed a writ petition vide W .P. No. 12033 of 2024 seeking a direction to respondcnt No.2 to delete the subject property fiom the list of prohibitory propcrties. Vide order d,ated 01.05.2024, this Court disposed of the said writ petition granting liberty to her to submit online application to the District Collector with a request to delete her property liom list of prohibitory properties. Accordingly, she has filed an online application and the same was considered by respondent No.2 and deleted the said property from the list of prohibitory properties. According to leamed counsel, the petitioner in the said writ petition has also purchased the property from the vendor ol'the petitioner herein. Thus, the petitioner herein has to file copies of the aforesaid

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KI, J W t No 20667 of2o25

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proceedings and orders before respondent No.2 along with online application, and it is for respondent No.2 to consider thc same.

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In the light of the aforesaid discussion, this writ petition is disposed of granting liberty to the petitioner to submit online application with respondent No.2 with a request to delete the subject property Aom the list of prohibitory properties along with relevant documents within one (01) week from today, and on receipt of the same, respondent No.2 shall consider and dispose of the same in accordance with law by putting the pe titioner and respondent Nos.5 and 6 on notice and affording them an opportunity. However, he shall comprete the entire exercise within sixty (06) days thereafter. In the circumstances of the case. there shall bc no order as lo costs.

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As a sequel thereto, miscellaneous petitions, il any pending

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in the writ petition shall stand closed

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To

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SD/. A.SREENIVASA REDDY ASSISTANtr REGISTRAR //TRUE COPY// +=.\., SECTION OFFICER

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