Telangana High Court
Macharla Padmalatha vs The State Of Telangana on 19 April, 2022
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION No.18494 of 2022
ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents. With their consent, the writ petition is disposed of at the stage of admission.
2. This writ petition is filed seeking a writ of mandamus to declare the action of respondent No.2 in rejecting the application No.2200022039 filed for deletion of the land in Survey No.101/19 to an extent of Acs.8.10 guntas (Acs.8.25 cents) situated at Borigaon Village, Kagaznagar Mandal, Komuram Bheem Asifabad District, which is wrongly included in the prohibited properties list even though it is a patta land from 1995 onwards, without assigning any reasons, as illegal and arbitrary.
3. It is the case of the petitioner that her father was the original pattadar of land admeasuring Acs.8.10 guntas in Survey No.101/19 of Borigaon Village, Kagaznagar Mandal, Komuram Bheem Asifabad District, the said land is succeeded 2 by the petitioner and her name is also shown as pattadar in respect of the said extent in online Dharani portal. But, the said land is included in the prohibited list of properties on the ground that it is an assigned land. Therefore, she made a request to the respondent authorities seeking deletion of the said extent of land from the prohibited list of properties. But, said request was rejected by passing a cryptic order as "Grievance Rejected", and by placing the same in online Dharani portal. Aggrieved by the same, the present writ petition is filed by the petitioner.
4. Learned Government Pleader for Revenue, on instructions, submits that the subject land is an assigned land and therefore it is included in the list of prohibited properties.
5. Learned counsel for the petitioner submitted that the subject land was assigned much prior to 1958 under Lavoni Rules without any condition of non-alienation and therefore there is no restriction on alienation of the subject land. According to learned counsel, the said extent of land is though shown in the prohibited list of properties, but it is shown as patta land of the petitioner and not as lavoni patta or 3 otherwise. He further submitted that the Sub Collector has issued No Objection Certificate on 14.06.2013 to the petitioner, on the ground that the subject land was assigned without any condition of non-alienation stating that the subject land was assigned much prior to Lavoni Rules, 1950.
6. In these circumstances, prima facie, the impugned rejection order is passed without assigning any reasons and without considering the facts of the case. Respondent No.2 is under obligation to assign reasons for rejecting the claim of the petitioner. But, in the present case, no such reasons were assigned and without application of mind, the said order was passed, which is cryptic in nature.
7. In view of the same, the writ petition is allowed and the impugned rejection order is set aside. The matter is remitted back to respondent No.2 to consider the application No.2200022039 of the petitioner afresh for deletion of her land admeasuring Acs.8.10 guntas (Acs.8.25 cents) in Survey No.101/19 situated at Borigaon Village, Kagaznagar Mandal, Komuram Bheem Asifabad District, from the list of prohibited properties, by duly affording a reasonable opportunity to the petitioner to put-forth her case and dispose of the same within 4 a period of six weeks from the date of receipt of a copy of this order.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
____________________________________ MUMMINENI SUDHEER KUMAR, J Date:19.04.2022 KH 5 THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.18494 of 2022 Date:19.04.2022 KH