Disposed

Jawaji Kamalamma , Babamma v. Government of Telangana

Telangana HC22 Apr 2025WP/29290/2014

Case brief

AI extract

What is this about?

Petitioners sought a mandamus against threatened dispossession of about 1931 sq.yds. of Government land in Kothapet village with a dwelling house, and sought consideration of their pending application for regularization under G.O.Ms.No.166 (2008). The Court directed the authorities to decide the representation within four months, continuing interim protection till then.

What did the court decide?

Direction to respondents to consider petitioners' regularization representation under G.O.Ms.No.166 within four months; interim order of 26.09.2014 to continue till then.

Jawaji Kamalamma , Babamma Vs Government of Telangana — Property and Title | Telangana HC (2025)

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[^325s ]

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

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TUESDAY,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN^KUMAR

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WRIT PETITION NO: 29290 OF 2014

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Between:

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'1 . Jawaii Kamalamma , Babamma, W/o J. Pandu, D/o Myalola Lingamma Aged aboui 60^years, Doc Labour R/o H.No 1-1-8l1^{Mohan Nagar, Kothapet,Uppal} Mandal, R.R.Dist

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Katta Andalu, Wio K.Kumar, D/o Myakala Lingamma,^{Aged about 55 yrs., Rl/o} Bibinagar Village and Mandal, Nalgonda District.

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...PETITIONERS

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AND

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Government of Telangana, Represented by its^{Chief Secretary, Revenue} (ASN.l) Department, Secretariat Hyderabad.

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District Coliector, Ranga Reddy District, Khairatabad,^Hyderabad.

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Special Grade Deputy Colleclor &, Revenue^{DivisionalOfficer,Malkajgiri} Division, Ranga Reddy District

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The Tahsildar, Uppal Mandal Uppal, Ranga Reddy District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of^{lndiaprayingthat in the} circumstances stated in the affidavit filed therewith,^{the High Court may be} pleased to issue an order direction or writ more^particularly one in the nature of writ of Mandamus declaring the action of the^{respondentsand trying to} dispossess the^petitioners from the land to^{an extent} of^{193'1 sq.yardsand} dwelling house bearing H.No. 1-1-B/1ⁱⁿ Sy.No.^{135 situatedat Kothapetvillage,} Uppal Mandal, Reddy District, as arbitrary^{Segal, unjust, violativeof principlesof} natural^justice and conseq uentially, tired the^{respondents to consider the} application already filed for^{regularization in accordancewith the provisions of} G.O.Ms.No.166 Revenue^{(Assn.Pot)Department,dated 16- 02-2008}

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-;q

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:FE*

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l.A. NO: 1 OF 2014(WPMP. N O: 36638 OF 20141

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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 not to disposes the petitioners from the Government Land to the extent of 1931 spare yards together with dwelling house bearing H.No. 1-1B/1 in Sy.No. 135 situated at Kothapet village, Uppai IVlandal, Ranga Reddy District pending disposal of the above writ petition

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Counsel for the Petitioner: SRl. VANAM VISHWANATHAM

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Counsel for the Respondents: GP FOR REVENUE

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN^KUMAR

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WRJT PETITION No.2929O of 2Ol4

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ORDER

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This writ petition is filed seeking following^prayer:

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" declaing the action of the respondents^{and tryingto} dispossess the petitioners from the land to an extent of 1931 sq gards and dtuelling house^bearing H.No. 1 1B/ 1 in Sy.I[o. J35 situated at^Kothapet uillage, Llppal Mandal, Reddy District as arbitrary Segal unjust uiolatiue of pinciples of natural^justice and consequentiallg tired the respondents^to consider the appLication alreadg filed -for regularizalion in accordance utith the prouisions of G.O.Ms.No.166, Reuenue (Assn.Pot)^Department dated 16.02.2008.'

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The facts of the case in brief are that^{petitioners'father} Myakala Chandraiah along with others claims^{to be} in^possession of Ac.13-38 gts., in Sy.No.135 of Kothapet^{Village, Uppal Mandal,} Ranga Reddy District and were cultivating the said^{land by} obtaining power supply and a temporary shed has^{also been} constructed. Thereafter, the father of^{petitioners diedon} 17 .O7 .7989. Later the mother of the^{petitionerapproached} respondent authorities for regularization of the land in^her possession for an extent of 3000 sq.yds. It is further submitted that the mother of the petitioners during her life time constructed

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a pucca house on the above lald and fenced the land to an extent of 1950 sq.yds., and the land was assessed by L.B.Nagar Municipality with H.No. I 1-8 / 1 for the purpose of properff tax and also obtained electricity connection and rvater supply. Thereafter, respondent authorities after conducting enquiry, issued notice on 27 .12.2O1O directing the mother of the petitioners to be present on 04.01.2011 at the spot of enquiry. It was noted in the enquiry that petitioners mother n,as in possession of 193 1 sq.yds., of Government land. The mother of the petitioners died on 18. 1 0.20 13 leaving behind the vvill deed dated 27 .07 2O 13. Subsequent to the demise of mother of petitioners, the petitioners have filed a representation to respondent authorities on lO.O7 .2014 seeking for regularization.

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The main grievance of the petitioners is that tiil date, the subject land has not been regularized ald no orders have been passed with regard to the representation of the petitioners. No counter affidavit has been fiied till date.

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This Court on 26.09.2014 has passed the following interim order

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" Petitioners state that u.tith regard to lanci to an extent of 1931 sq.yds., in Sg.No.135 of Kothapet Village, their mother along uith four other similar

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applicants iru the same uillage in the same surueA number made an^qpplication for regulari-z,atioru under G.O.Ms.No.166, Reuenue (Assn.Pot) Department, dated 16.02.2008. It appears from Ex.P2 that the Special Grade Deputg Collector called for spot inspection report for consideratiort the request of petitioners' motlrcr and others for regularization. Under notice, dated 27.12.2010, addressed to the Talsildar, Uppal Mandal, it is not knou.tn that such a report is sent bg the Tahsildar and uhat is the stage at tuhich their application for regularization stands. Alleging threats of interference by respondent No.4, the present wit petition is filed.

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Learned Gouernment Pleader for Reuenue, uLho accepts notice on behalf of respondent Nos. I to 4 to get instructions in the matter.

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List afier four ueeks.

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In tLrc mearuuhile, if respondent No.4 interuds to take ang action agairust the petitioners, he shall serue pior notice to the petitioners before taking anA action. "

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In that view of the matter, this Court deems it appropriate to dispose of the writ petition with a direction to respondent authorities to consider the representation of the petitioner in terms of G.O.Ms.No.166 dated L6.O2.2006 and pass appropriate orders if the petitioners are otherwise eligible, strictly in accordance to law within a period of four⁽⁴⁾ months from the

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date of receipt of a copy of this order. Till then, the interim order passed on 26.09.2014 shall continue.

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Accordingly, this writ petition 1S disposed of.

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Miscellaneous applications, if any pending, shall stand closed.

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No order as to costs

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//TRUE COPY//

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SD/.A.JAYASREE AER REGISTRAR \ ON OFFICER

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To,

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1 . The Chief Secretary,^{GovernmentofTelangana, Revenue(ASN l)} Deoartment. Secretariat Hyderabad.

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2 ih5 Diltri"lborr"clor,^{RanilaReddv District, Khairatabad,Hyde-rabad.} - .. . . 5. fn" Sp6."l^{GradeDeputy" Collector &, Revenue Divisional Officer,tvlalkajgiri} Division, Ranga ReddY^District

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