Telangana High Court
Mr.Abadi Anil Reddy vs The State Of Telangana on 22 April, 2025
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.11693 of 2025
ORDER:
The present writ petition is filed praying this Court to declare the action of the respondents in reclassifying the land in Sy.No.1183/5, situated at Jillella Village, Thangapalli Mandal, Rajanna Siricilla District from Laoni Patta to Government Land without conducting any enquiry and without issuing any notice to the petitioner and its inclusion in the list of prohibited properties as illegal, arbitrary and violative of Articles 19 (1) (g), 21 and 300-A of the Constitution of India and consequently, prayed for other appropriate reliefs.
2. It is stated that the petitioner had purchased the land admeasuring Acs.2.00 guntas in Sy.No.1183/5, situated at Jillella Village, Thangapalli Mandal, Rajanna-Sircilla District, through Sadabainama, dated 05.04.2004 from Smt. Patendla Buchamma and the said sadabainama was validated under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 and his name was mutated in the revenue records vide proceedings No.B/1687/17, dated 20.04.2018. The grievance of the petitioner is that the subject land was re- categorized as Government Land in Dharani Portal and land 2 CVBR, J Wp_11693_2025 was listed in the list of prohibited properties, without conducting any enquiry and without issuing any notice.
3. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is being disposed of at the admission stage.
4. Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents, has submitted that the petitioner had purchased the assigned land and therefore, the same was mentioned in Dharani Portal as Laoni Patta/Government Land.
5. As seen from the record, the land purchased by the petitioner is the land assigned in favour of the vendor of the petitioner as per the policy laid down by the Government in G.O.Ms.No.1406, dated 25.07.1958. Having come to know that the petitioner had purchased the assigned land, the respondents have mentioned the said land as Laoni Patta/Government land in Dharani Portal.
6. Prima facie, the contents of the affidavit would reveal that the petitioner had purchased the assigned land under sadabainama and the said assigned lands are prohibited for alienation/transfer except if the assignees have hereditary rights. The petitioner himself states in the affidavit that the 3 CVBR, J Wp_11693_2025 subject land is an assigned land stating and he is entitled to consider his case as bonafide purchaser under the provisions of the Act, 1977. This Court, without expressing any opinion on the right and entitlement of the petitioner for allotment of the said land, deems it appropriate to dispose of this writ petition permitting the petitioner to make an appropriate application and if he is eligible for assignment of the land as bonafide purchaser and fulfils all the conditions of the assignment, the respondent authorities shall consider his case. In any event, if the petitioner does not satisfy any of the requirements, the respondent authorities are at liberty to initiate proceedings under the provisions of the Act, 1977 and resume the subject land to the Government custody by following the procedure in accordance with law.
7. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.
8. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
________________________________ JUSTICE C.V.BHASKAR REDDY 22.04.2025 gkv 4 CVBR, J Wp_11693_2025