Ponnaboina Laxmi Vs The State of Telangana — Land Acquisition | Telangana HC (2025)

Ponnaboina Laxmi Vs The State of Telangana — Land Acquisition | Telangana HC (2025)

What the court decided

AI extract

Outcome

Respondent No.3 (Tahsildar) directed not to interfere in any manner with the possession of the petitioner and her husband over Acs.2.20 guntas in Sy.Nos.628/6 and 628/4, Pamukunta Village, Rajampet Mandal, Yadadri-Bhuvanagiri District; liberty reserved to respondents to act in accordance with law if assignment patta terms are violated; no order as to costs; pending miscellaneous petitions, if any, stand closed.

Issue for consideration

Whether respondent No.3 (Tahsildar) can interfere with or dispossess the petitioner from the land of Acs.2.20 guntas in Sy.Nos.628/4 and 628/6, Pamukunta Village, to facilitate neighbouring owners by laying a pathway/cart track. +1 more

Court's answer

The writ petition is disposed of by directing respondent No.3 not to interfere, in any manner, with the possession of the petitioner and her husband over the land admeasuring Acs.2.20 guntas in Sy.Nos.628/6 and 628/4 at Pamukunta Village, Rajampet Mandal, Yadadri-Bhuvanagiri District.

Ratio / Principle

It is settled law that once land has been assigned to a landless poor person, the respondents have no power to resume it unless, after enquiry, the assignee is found to have violated the terms and conditions of the assignment patta.

Key takeaways

If assigned land is required for a public purpose, the respondents must initiate proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; except following that procedure they have no power to resume the assigned land.ratio¶41
If the petitioner violates any terms and conditions of the assignment patta, the respondents are free to take appropriate action in accordance with law.ratio¶46

Detailed headnote1 paragraphs

Writ Petition disposed of at the admission stage (Art. 226, Telangana HC): once agricultural land has been assigned to a landless poor person, the authorities have no power to resume it unless, after an enquiry, the assignee is found to have violated the terms and conditions of the assignment patta; where assigned land is required for a public purpose, proceedings must be initiated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Tahsildar, Rajampet Mandal was directed not to interfere in any manner with the possession of the petitioner and her husband over Acs.2.20 guntas in Sy.Nos.628/6 and 628/4, Pamukunta Village (assigned Acs.2.00 guntas under G.O.Ms.No. 1406 dated 25.07.1958 plus husband's Ac.0.20 guntas), who faced threatened dispossession for laying a pathway/cart track; liberty preserved to the authorities if patta conditions are breached; no costs; miscellaneous petitions closed.

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

WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

WRIT PETITION NO 4 05 0F 2025

Between:

Ponnaboina Laxmi, Wo Yellaiah, aged^{60 years, Occ; Household,Rlo Pamulsrnta,} Rajampet Mandal, Yadadri^{Bhungiri District.}

.,...PErJTrONER

AND

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

Tlre District^{Collector, Yadadti Bhuvanagiri Districl.}

The Tahsildar, Rajampet Mandal,^{Yadadri Bhuvanagiri Diskict.}

,....RESPONDENTS

Petition Under Article 226 o'f the^{Constitutionof lndia praying that in} the circumslancas stated in the affidavit^{filed therewith,} the^{High Courtmaype} please( to issue any writ order or direction more Particularly^one In the nature^of Writ of Mandamus declqring the^{actionof the respondentNo.3 ln interfaringthe} with the^{possession of the petitioner over the property i.e landadmeasuring Ac 2-} 20^gts.in Sy No. 62814^{and 628/.6 situated at Pamukunta village, Rajampet} Mandal,^Yadadri BIuvanagiri^{district as illegal, arbitrary and unconstitutional} gonsequently direct the respondent Nos. 3 and 3 not to interfere and dispossess the petitionerfrom the^{property i.e land admeasuringAc2-20 gts.in} 9y N9.629/4 and^{62El6 situatedat Pamukunta village, Rajampet Mandal, Yadadri BhuvanagiJi} District.

I.A.NO:1 OF 2025

Petition Under Section 151^{CPC prayingthatin} the^{circumstances statedin} the affidavit filed^{in support of the petition, the High Court maybe pleased to} lssue lnterim directions to^{the respondent No.3 not to interfere with the}

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possession of the petitioner over the property i.e land admeasuring Ac 2-20 gts.in Sy No. 62814 and 628/6 situated at Pamukunta village, Raj ampet Mandal, Yadadri Bhuvanagiri district, pending disposal of the writ petition

Counsel^{for the Petitioner} : SRI RAJAGOPALLAVAN TAYI

Counsel for the Respondents : SRI H.SOMAIAH EZRA SHASTRI, AGP FOR REVENUE

The Cqurt at the stage of admission made the following ORDER

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HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.49OS of 2025

ORDER:

It is stated that the petitioner was assigned^the agricultural land admeasuring Acs.2.0o^guntas in^Sy.No.628/6, situated at Pamukunta Village, Rajampet^{Mandal,Yadadri-} Bhuvanagiri District, in terms of the^policy laid^{down by the} Government under G.O.Ms.No. 14O6,^dated 25.07.1958.^{It is} further stated that the petitioner is enjoying the^{said property} and she has not violated the terms and^{conditionsoI the} assignment patta. It is further^{stated that the petitioner's} husband also owns land to an^extent of^{Ac.0.2O guntasin} Sy.No.628/4 of the same village.^{Thus, the petitioner and her} husband are in possession of the tand totalling^{to an extent of} Acs.2.2O guntas. The grievance of the^petitioner is^that respondent No.3, to facilitate the neighbouring^{owners, is} making efforts to occupy or dispossess^{the petitionerfrom the} subject land for laying^{pathway/carttrack.}

Considered the submissions of the learned^{counsel lor the} petitioner and Sri H.Somaiah Ilzra^{Shastri, learned Assistant} Government Pleader for^{Assignmentappearing forthe} /

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respondents and with their consent, this writ petition is being disposed of ;rt lhe admission stage.

Learnt:d counsel for the petitioner has submitted that no pathway as depicted in the Village Revenue Map from the lands of the petitioner and in the absence of existing road/path way, the respondents are not having any power to take possession of the petitioner's land without following the procedure. In support of l-ris contention, he relied upon the judgment of the Apex Court in LAO-cum-RDO, Cheuella Dlvlslon, Doma.laguda, Hgderabad a. MekaLa. pandut wherein it is held that the assignees are entitled to compensation on par with the pattadars of the land and only after payment of compensation the respondcnt authorities will have power to acquire the assigned lands.

Learned Assistant Government pleader for Assignment has not disputed the fact that the petitioner was assigned the land to an extent of Acs.2.00 guntas and the petitioner,s husband was pattadar of the land admeasuring Ac.0.20 guntas

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CVBR, J Wp_4905_2025

and the same is in possession of the petitioner and her husband.

5 It is settled law that once the land has been assigned to landless poor person, the respondents are not having any power to resume the same uniess it is found, after enquiry, that the assignee has violated the terms and conditions of the assignment patta. If the said assigned land is required for public purpose, the respondents have to initiate proceedings under the provisions of the the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013. Except following the above procedure, the respondents are not having any power to resume the land, which has been assigned to the petitioner.

For the aforesaid reasons, this Cor.irt deems it appropriate to flispose of this writ petition directing respondent No.3 not to lt interfere with the possession of the petitioner and her husband over the land admeasuring Acs.2.20 guntas in Sy.Nos.628/6 arld 6}a / 4 situated at Pamukunta Village, Rajapet Mandal, t Yadadri-Bhuvanagiri District, in any manner. However, if the petitioner violates any terms and conditions ol the assignment

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CVBR. J wp^.1905 -2025

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patta the respondents are at liberty to take appropriate action in

accordance with law.

7 . With the above observations, this Writ Petition is disposed

oL There shall be no order as to costs.

As a sequel, the miscellaneous petitions pending, if any,

shall stand closed.

SD/-V. KAVITHA ASSISTANT REGISTRAR

//TRUE COPY//

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SECTION OFFICER

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Tq 1 . The Principal^{Secretary' Revenue Department, Secretariat, State of} Telangana at^Hyderabad.

2 The District Collector,^{Yadadri Bhuvanagiri District'} ., . The Tahsildar, Rajampet^{Mandal, Yadadri BhuvanagiriDistrict.} 4. Two CCs to GP^{Fbn REVENUE,HighCourt for the State of Telangana at} Hyderabad [OUT]

One CC to^{S-Rt RAJAGOPALLAVAN TAYI, Advocate [OPUC]}

Two CD^CoPies

SA BS *ry

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HIGH COURT

DATED:19102t2025

ORDER

WP.No.4905 of²⁰²⁵

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DISPOSING OF THE W.P

AT^THE STAGE OF ADMISSION WITHOUT COSTS.

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