HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.10691 of 2025
ORDER
This writ petition is filed praying this Court to declare the action of respondent Nos.2 to 4 in not considering the petitioner’s online application, dated 03.03.2005 deleting the petitioner’s land to an extent of Ac.1.20 guntas in Sy.No.894/8, situated at Sarvail Village, Narayanpur Mandal, Yadadri- Bhongiri District, from the list of prohibited properties by changing the nature of the land of the petitioner, as illegal, arbitrary, violative of principles of natural justice and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently, prayed for other appropriate reliefs.
2. It is further stated that the petitioner is the owner and possessor of the land to an extent of Ac.1.20 guntas in Sy.No.894/8, situated at Sarvail Village, Narayanpur Mandal, Yadadri-Bhongiri District, having succeeded to the same from his father. It is further stated that the lands in Sy.No.894 originally stand as patta lands as per Khasra Pahani 1954-55 and the pattadar has filed a declaration under the provisions of the Telangana Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short “the Act”). It is further stated that the surplus lands, which are vested with the Government as per the provisions of the Act, have been assigned in favour of various persons and the land to an extent of Ac.1.20 guntas was assigned in favour of the father of the petitioner. It is further stated that in Dharani Portal, the revenue authorities uploaded the entire land in Sy.No.894 as Ceiling Land, due to which the petitioner’s land is continuing under the list of prohibited properties, and therefore, the petitioner made online application, dated 03.03.2025 seeking for passbook data correction. The grievance of the petitioner is that even after receipt of the said application, the respondent authorities did not consider the same.
3. Considered the submissions of the learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent, this writ petition is being disposed of at the admission stage.
4. As per Section 11 of the Act where any land is surrendered or is deemed to have been surrendered under this Act by an owner, the Revenue Divisional Officer may, subject to such rules as may be prescribed, by order take possession or authorise any officer to take possession of such land which shall thereupon vest in the Government free from all encumbrances from the date of such order. As per Section 14 of the Act, the lands vested in the Government shall be allotted for use as house-sites for agricultural labourers, village artisans or other poor persons owning no houses or house-sites, or transferred to the weaker sections of the people dependent on agriculture for purpose of agriculture or for purposes ancillary thereto, in such manner as may be prescribed. As per sub- Section (4) of Section 14 of the Act, any transfer of the land under this section shall be subject to the condition that the land shall not be alienated by the transferee by way of sale, gift mortgage, lease or in any manner whatsoever otherwise than by way of mortgage in favour of the Government, a bank or a co- operative society, including a land mortgage bank. As per sub- Section (5) of Section 14 says that, any alienation effected or other act done in respect of any land in violation of the conditions specified in sub-section (4) shall be null and void; and the Tahsildar shall resume the land after giving an opportunity to the persons effected of making a representation in this behalf.
5. It is settled law that the landless poor persons, who have been assigned the agricultural lands under the provisions of the Act, are having heritable rights but they are not supposed to alienate the said land and if they have alienated the same, the provisions of the Act would apply. In view of the same, there is illegality on the part of the respondents notifying the subject property in the l
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