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Dara Devender v. The State of Telangana
[ 3183 ]
HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE SEVENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITION NO: 3107 OF 2024
Between:
Dara Devender, S/o Narsaiah, aged about 47 yearc, Occ ; Employee, Rl/o'H'No.2- 66/7, Gundla Singaram, Hanamkonda, Hanamkonda District.
.....PETITIONER
AND
1. The State of Telangana, Rep by its Principal Secretary Revenue Department Secretariat, Hyderabad.
2. The District Collector, Warangal District.
3. The Revenue Divisional Officer, Warangal District.
4. The Tahsildar, Warangal Mandal and District.
....RESPONDENTS
Petition Under Article 226 of the constitution of lMia praying that inthe circumstances stated in the affidavit filed therewith, the High C'ourt may be pleased to issue writ order or direction more particularly one in the nature of writ of ,Mandamus' declaring the action of the respondents in not consideringthe representation of the petitioner dated 12-12-2023 and Dharani Application dated 13-12-2023 as illegal, arbitrary, uniust, unreasonable, unconstitutionaland contrary to Law and against principles of natural justice and consequently direct the respondents to delete the prohibition agricultural land from prohibited listin respect of the land admeasuring Ac. 2.1sgts in Sy.No.149/A and Ac. 1.20gtsin sy.No. 147lB/1 and Ac.0.26gts in sy.No. 126 situated at Kothapet village, Mandal and District warangal immedialy duly considering the representation of the petitioner daled 12-12-2023 and Dharani Application dated 13-12-2023 inthe interest of justice.
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!.A.NO:1 OF 2024 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 delete the agricultural land in prohibited vide admeasuring Ac. 2.15gts in Sy.No. 1491A and Ac. 1.20gts in Sy.No. 1471611 and Ac. 0.26gts in Sy.No. 126 situated at Kothapet village, Mandal and District Warangal immedialy duly considering the representation of the petitioner dated 12-12-2023 and Dharani Application dated 13-12-2023 in the interest of justice pending disposal of the above writ petition. Counsel for the Petitioner : SRI D.RAMAKRISHNA
Counsel for the Respondents : AGP FOR REVENUE
The Court made the following ORDER
THE HONOURABLE SRI JUSTICE B. VTJAYSEN REDDY
WRIT PETITION No.3107 OF2024
ORDER: (ORAL)
This writ petition is filed by the petitioner seeking to declare action of respondent Nos.2 to 4 in not consideringhis Dharani application bearing No.2300032596 dated 13.12.2023 for deletion ol his land admeasuring Acs.2-15 guntas lnSurvey No.149lA, Acs. l-20 guntas in Survey No. 147lB/1 and Ac.0-26 guntas in Survey No. 126 situated at Kothapet Village, Warangal Mandal and District, from Prohibitory Properties List, as being illegal and arbitrary.
2. Heard Mr. D. Ramakrishna, leamed Counsel for the petitioner; leamed Assistant Govemment Pleader for Revenue, appearing for respondents, and perused the material on record.
3. Learned counsel for the petitioner has submittedthat petitioner is absolute ownerand possessor of the land admeasuring Acs.2-15 guntas in Survey No. 149lA, Acs. l-20 guntas in Survey No. 147lB/1 and Ac.0-26 guntas in Survey No.126 situated at Kothapet Village, Warangal Mandal and District, having acquired
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the same by intestate succession from his father, Mr. Dara Narsaiah. The name of father of petitioner is recorded in the revenue records. Subsequent to the death of petitioner,s father on 19.06.1994 and his mother on 25.06.2020, petitioner has approached revenue authorities for mutating his name in the revenue records in respect of the subject land. petitioner has also filed Dharani apprication bearing No.LM2300001356 dated 20-02.2023 for mutating his name in the revenue records and for issuance of e-pattadar passbook in respect of the subject land. As there was delay on the part of respondent authorities in processing his Dharani application, petitioner has filed W.p. No.5206 of 2023. The said writ petition was disposed of by this Court by order dated 23.02.2023 directing respondent No.2 therein to consider the petitioner's online application and pass orders within a period of eight (8) weeks from the date ofreceipt ofa copy ofthat order.
4. Leamed counsel for the petitioner has further submitted that pursuant to the order d,ated 23.02.2023 passed by this Court in W.P. No.5206 of 2023; petitioner
has approached revenue revenue records and for L-
authorities for mutating his name in the
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issuance of e-pattadar passbook in respect of the subject land However, respondent authorities have informed the petitioner that the subject land was included in the Prohibitory Properties List. That on being advised, petitioner has submitted online application bearing No.2300032596 dated 13.12.2023 through Dharani portal for deletion of subject land from the prohibitory properties list. Grievance of the petitionertsrespondent authorities are not processing his Dharani application, as such, he is constrainedto approach this Court.
5. Leamed Assistant Government Pleader for Revenue appearing for respondents has submitted that appropriate action will be taken on the online application submitted by the petitioner, in accordance with law.
6. Recording the aforesaid submission of the leamed Assistant Govemment Pleader for Revenue, without going into the merits of case, the writ petition is disposed of directing respondent Nos.2 to 4 consider petitioner's Dharani application No.2300032596 dated 13.12.2023 for deletion of his land admeasuring Acs.2-15 guntas
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i in Survey No.149lA, Acs.l-20 guntas in Survey No. 147lB/land \
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Ac.0-26 guntas in Survey No.l26 situated at Kothapet Village, Warangal Mandal and District, from prohibitory properties List, by issuing notice to all concemed/interested persons, and pass orders, in accordance with law, within a period of forty five (45) days from the date of receipt of a copy of this order. No order as to costs.
As a sequel thereto, miscellaneous
if any, pending in the writ petition stand closed. appl ications,
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.^- SD/-A.V.S.PRASAD
//TRUE COPYtt ASSISTANT RFqtsrRAR
ro secnonYrcen
I ]ffiIJ:?:fflsecretary, Revenue Department secretariat, state or retansana ?. Il,'" District Collector, Warangal District. 3. The Revenue Divisi
HIGH COURT
DATED:0710212024
ORDER
WP.No.3107 ot 2024
DISPOSING OF THE W.P
WITHOUT COSTS.
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