Telangana High Court
Sri G.Sathyanarayana And 5 Others vs The State Of Telangana And 5 Others on 25 March, 2021
Author: P.Naveen Rao
Bench: P.Naveen Rao
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.22688 of 2020
Date:25.03.2021
Between:
G.Sathyanarayana S/o.late Sri G.Narsaiah @ G.Narsimha,
Aged 50 yrs, Occu : Farmer,
R/o.H.No.2-62, Ameenpur Village & Mandal,
Medak District now Sanga Reddy District & others
.....Petitioners
And
The State of Telangana,
Rep., by its Principal Secretary,
Revenue Department,
Secretariat Building,
Secretariat, Hyderabad & Others.
.....Respondents
The Court made the following:
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.22688 of 2020
ORDER:
Heard learned counsel for the petitioners and learned Government Pleader for Revenue appearing for the respondents.
2. According to petitioners, they own land to an extent of Ac.11.24 guntas in Sy.No.151 with sub-divisions mentioned in paragraph No.2 of the affidavit filed in support of the writ petition. According to petitioners, since 1948 their family is in possession of the above extents of land and have been cultivating the same. In 1954-55 Khasra Pahani, though it was shown as Sarkari, the name of Erra Jeethaiah, who was the co-cultivator in respect of land to an extent of Ac.27.04 guntas in Sy.No.151, was shown. It is asserted that on enquiry, the Tahsildar granted permission to occupy the land under the Laoni Rules, 1950, after collecting the upset price equal to 16 times the land revenue and thereafter Podi was conducted. Petitioners therefore, claim that it is a private patta land and petitioners are entitled to deal with their land. Petitioners also placed reliance on the decision of Revenue Divisional Officer, Sanga Reddy in case No.C1/5226/07 dated 06.10.2008, where under, he declared the land as not Government land attracting the provisions of Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 (for short 'the Act') and reversed the decision of Tahsildar dated 16.02.1999. However, the said extents of land continued to be shown as prohibited properties in Dharani web portal and therefore, the web portal is not accepting the transaction on the said lands. Hence, this writ petition.
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3. Learned Assistant Government Pleader asserts that the land claimed by petitioners is Government land and claim of petitioners of long possession and non-alienable clause does not attract. He also disputes possessionary claim of petitioners.
4. Though petitioners claim as owners of land which originally described as Government land, the fact remains that said lands are shown in the list of prohibited properties. Unless and until, the properties are deleted from the list of prohibited properties, the registering authority cannot be mandated to receive the documents for processing of registration and to release the same.
5. In the case on hand, petitioners seek declaration against inclusion of their properties in the list of prohibited properties in Dharani web portal.
6. As held by the Full Bench of this Court in VINJAMURI RAJAGOPALA CHARY v. STATE OF ANDHRA PRADESH1, if a person is aggrieved by inclusion of property in the list of prohibited properties, he has to make an application to the District Collector and on making such application, the District Collector is required to examine the claim and take appropriate decision. In the instant case, petitioners claim to have made application to the District Collector requesting to delete their properties from the list of prohibited properties on 06.02.2021, after filing of the writ petition.
7. That being so, if such application is already received by the District Collector-4th respondent, the 4th respondent is directed to examine the claim of petitioners for deletion of their land to an extent of Ac.11.24 guntas in different sub-divisions of Sy.No.151 of 1 2015 (3) ALT 96 -4- Ameenpur Village, Sanga Reddy District and on due verification, take appropriate decision as warranted by law. If the District Collector is agreeing with the request of petitioners for deleting their land, he shall take appropriate steps as warranted by law. The entire exercise shall be completed within a period of ten weeks from the date of receipt of copy of this order.
8. With the above directions, the Writ Petition is disposed of. Miscellaneous petitions, if any, shall stand closed.
__________________ P.NAVEEN RAO,J 25th March, 2021 Rds -5- HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22688 of 2020 Date:25.03.2021 Rds