Disposed

Bolli Ram Mohan v. The State of Telangana

Telangana HC25 Feb 2025WP/5756/2025

Case brief

AI extract

What is this about?

Petitioner challenged proceedings directing resumption of his lands as assigned Government lands without notice. Court directed the RDO to issue notice, consider objections and records, pass a reasoned order within three months, with status quo maintained meanwhile.

What did the court decide?

Writ disposed of directing respondent No.4 to issue notice, hear objections, pass reasoned order within three months; status quo maintained; no costs.

Bolli Ram Mohan Vs The State of Telangana — Land Acquisition | Telangana HC (2025)

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[^32e6 I

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENW FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 5756 OF 2025

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Between:

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Bolli Ram Mohan, S/o. Ramachandram, Aged about 49^years, Occ.^Business ..^{Fl/o.'H. No. 6-7-76, Geetha Nagar, Sircilla Town, Rajanna-SircillaDistrict} . !T

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...PETITIONER

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ANO

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

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The District Collector, Rajanna-Sircilla District

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The Additional Collector, Rajanna-Sircilla District

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The Revenue Divisional Of{icer, Raianna-Sircilla^District

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The Tahsildar, Siriclla Mandal Rajanna-Sircilla District

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...RESPONDENTS

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Petition under Article 226 of the Constitution of^{lndia prayingthat in the} circumstances stated in the affidavit^{filed therewith,the High Court maybe} pleased to issue an appropriate writ or order or direction, more^{particularly,one in} the nature of Writ of Mandamus, declaring the action^{of RespondentNo.2in} issuing proceedings No. E2l95Ot2O24 dt. 11-11-2024^{thereby directingthe} Respondent No. 4 to resume the lands of^{petitioner in Sy. No. 2715 lo an extentof} Ac. 2.30 gts and in Sy. No. 61/38 to an extent^{of Ac. 5.00 gts both Situatedat} Sardapur Village, Siricilla Mandal, Ralanna Siricilla^{Districtwhile holding that the} said lands are Government lands, which^{is in the nature of final decision, and with} a fu(her direction to mark the said^{properties as Government land in Dharani} portal without issuing any notice to the petitioner is^perverse, illegal,^{arbitrary and} against the principles of Natural Justice^{apart from violative Sec. 4 of The}

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Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 and the Articles l4soo-e of the Constitution of tndia.

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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 authorities to restore the entries in Dharani portal by reflecting the name of the petitioner as pattadar against his properties in Sy. No. 2ZlS to an extent of Ac. 2.30 gts and in Sy. No. 61/38 to an extent of Ac. 5.00 gts both situated at sardapur Village, siricilla Mandal, Rajanna siricilla District, pending disposal of the main Writ Petition.

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lA NO: 2 OF ?i25

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Petition under Section 15i cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to stay the impugned Proc. NO. E2l9sol2o24 dt.l1.11.2024 passed by the Respondent No. 2, pending disposal of the main Writ petition.

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Counsel for the Petitioner: SRI JOGINIPALLY SAI KRISHNA

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Counsel for the Respondents: SRI H. SOMAIAH EZRA AGp FOR REVENUE The Court made the following: ORDER

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HON'BLE SRI JUSTICE C.V.BIIASKAR^REDDY

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WRIT PEf,ITION No.5756 of2025

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ORDER:

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This Writ Petition, under Article^{226 of the Constitutionof}

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India, is filed seeking the following relief:

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'....to issue an oppropriate utrit or^{order or directionmore} partiatlarty one in the nofire of Wit of^{Mandamtts declaring the} action of respondent No.2 in bsuing^{proceedings No-82/95O/ 2024} dt 11.11.2024 thereby directing^{respondentNo.4 to resumethe} lands of petitioner in Sy.No.27/^{5 to an ertent of Ac.2.3Ogts and in} Sg.No.61/ 38 to an ertent of^{Ac.S.OO gts both Situated at Sardapur} vTtlage, Siricilla Mandol" Rajonna^{SiicillaDistrictwhile holding} ffLatlhe said londs are Gouemment^{lands uthichis in the noture of} final^{decisionand taith a furtherdirection to mark the said} 'properties as Gouernnlent land in Dhnrani portal uitlaut issuing ong notice to the^{petitioner is peruerseillegal,arbitraryand} agiinst the^pinciples of^{Noturat Justiceapdrt} from^uiolatiue Straion + oi Tl* Telangana^{AssignedLaru7sProhibition of} Transfers Ad, 1977 and the^{Articles 14 and 3OOA of the} Constitrttion of Indin...^"

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Considered the submissions^{of learnedcounsel for the} petitioner; Sri H. Somaiah Ezra Shastri,^Iearned Assistant Government Pleader for Assignment^appearing for the respondents and^perused tJle^record.

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The petitioner claims to^{be the owrler and possessorof} warious extents of agriculture larrd^{inSy. No.27/ 5 situated at} Sardapur Village, Siricilla Mandal,^{Rajanna-Siricilla District'} having purchased the same^{under variolrsregisteredsale deeds'}

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It is stated that respondent No.3-the Additional Collector issued proceedings uide No.E2/9SO/2024, dated 11.11.2024 stating ttrat the name of Sri Bolli Rammohan (petitioner herein) was recorded as pattadar in Sy.No.27/5 to an extent of Ac.2.30 guntas and in Sy.No.6l/3g to an extent of Ac.S.OO guntas irregularly, wherein as per the report submitted by the Tahsildar, Siricilla, the said lands are assigned lands, therefore, directed respondent No.4-the Revenue Divisional Offrcer, to resume the lands in Sy.No.27/S to an extent of Ac.2.30 guntas and in Sy.No.61/38 to an extent of Ac.5.OO guntas situated at Sardapur Village, Siricilla Mandal, Rajalna-siricilla District, considering them as Government land.

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Learned counsel for the petitioner submitted that the said lands are patta lands a.d the revenue authorities have issued pattadar passbooks in favour of the petitioner over the subject lands; and without taking into consideration of the said facts, respondent 3 issued proceedings dated I l.ll.2024 claiming that the said lands as assigned lands.

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On the other hand, learned Assistant Government pleader for Assignment appearing for the respondents, on instructions, would submit that as per the revenue recorcls, the lands in

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l )

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Sy.Nos.27/5 and 61/38^{are classi-fiedas Governmentlands, and} as per thc policy^{enunciatedby ttre State Government vidc} G.O.Ms.No. 1ztO6 dated^{25.07-1958,the said lands are assigrred} to landless poor^{persons. It is furthersubmittedthat when} conversion permission^{has been obtained by the petitioner} suppressing the fact^{that the nature of the land as assigned land'} nespondent No.3 issued^{proceedingsdated 11'11'2O24directing} respondent No.4 to^{resume the said lands,and there is no} iltegality or irregularity^{in ttre procedure adoptedby respondent} No.3 and even in^{the absence of any powersbeing traceable to} respondent No.3,^{he can exercisetlte powersunder Section166-} B of the Telangana^{[,and RevenueAct, 1317 Fasli,as he is having} supervisory^{jurisdictionof all the revenue officers underhis} control.

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Be ttrat as it may,^{since the impugned order' dated} ll.tl.2}24^{passed byrespondentNo'3 isonly directing} respondent No.4^{to veri-ff as to whether the said landsare} assigned lands^{as claimed by the Governmentor patta lands as} claimed by the^{petitioner,t-his Court is of ttre opinionthat ends} of justice would^{be met, if respondent No'4 is directedto follow} the due procedure^{by issuing notices to the petitionerbefore}

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ltcin8^{anV action, and a-gter considering} the objections and relevant records enclosed by the petitioner in support of his slaim, pass a reasoned order within a period of three (3) montls from the date of receipt of a copy of this order and communicate the same to the petiticner. Till such ti;ne, status Etoobtaining AS on today shall be maintained rn respect of tlte subject Property, in^all respects.

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7 With the above observations, this Writ petition is d.isposed of. No order as to costs

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As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

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//rRUE copy//

sEcfloNHFFIcER

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HIGH COURT

DATED:2510212025

ORDER

WP.No.5756 of Z02S

( o R THE l4 .(
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30 JUN 20[
t)F.s o 4TCHEo

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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1
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Bolli Ram Mohan v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Bolli Ram Mohan v. The State of Telangana

Case brief

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What did the court decide?

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