THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.22306 of 2023

ORDER :

The present writ petition is filed by the petitioner under Article

226 of the Constitution of India for the following relief :

“…to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 3 to 5 in non-considering the representation of the petitioner dated 10- 03-2023 and non-initiating to implement the directions of the then Revenue Divisional Officer, Chevella Division, Ranga Reddy District vide Lr.No.D/488/98, dated 29.05.1998 to regularize the agricultural land to an extent of Ac.1-00 gts., in Survey No.132/1, which is situated Vattinagulapally Village, Gandipet Mandal, Ranga Reddy District by collecting the market value from the Petitioner is illegal, arbitrary and in violation of Articles 14, 15, 21 and 300-A of the Constitution of India and also against the principles of natural justice and consequently direct the respondents 3 to 5 to consider the representation of the petitioner and to implement the directions of the then Revenue Divisional Officer, Chevella Division, Ranga Reddy District vide Lr.No.D/488/98, dated 29.05.1998 to regularize the agricultural land to an extent of Ac.1-00 gts., in Survey No.132/1, which is situated at Vattinagulapally Village, Gandipet Mandal, Ranga Reddy District by collecting the market value from the Petitioner….”

2. Heard Sri Dinesh Reddy, learned counsel appearing for learned counsel for petitioner Sri Rapolu Bhaskar and Sri Hanamkonda Somaiah Ezra Shastri, learned Assistant Government Pleader, representing learned Government Pleader for Assignment Sri D.V. Chalapathi Rao.

3. The learned counsel for the petitioner submits that the petitioner is the owner and cultivator and in possession of the agricultural land admeasuring Ac.1.00 situated in survey No.132/1 of Vattinagulapally Village, Gandipet Mandal, Ranga Reddy District. His name has been mutated in the revenue records as occupant. The land, originally Government land, was occupied nearly seventy years ago by 26 families including the petitioner’s family, each cultivating Ac.1.00. The petitioner’s father occupied and cultivated the land till his death, paid tax and thereafter the petitioner, as legal heir and has continued uninterrupted cultivation.

(a) The learned counsel for the petitioner further submits that in 1997 the then District Collector, Ranga Reddy District, upon representations submitted through the local MLA, directed the Revenue Divisional Officer, Chevella Division and the Tahsildar, Rajendranagar Mandal, to conduct an enquiry into Survey No.132/1. Pursuant thereto, a detailed field enquiry and panchanama were conducted, confirming long-standing occupation of the petitioner’s family and other villagers over an extent of Ac.51.00. The Revenue Divisional Officer thereafter issued proceedings vide Lr.No.D/488/1998 dated 29.05.1998 directing regularization of the petitioner’s Ac.1.00 of land on collection of market value.

(b) The father of the petitioner could not complete the regularization due to lack of knowledge and financial constraints and subsequently passed away, followed by the petitioner’s mother. The petitioner remained unaware of the said directions until recently obtained information under the RTI Act. Meanwhile, land values escalated due to urban expansion and Government allotments in the vicinity. In 2022 respondent No.5, accompanied by police and revenue personnel, attempted to dispossess him without notice or due process, compelling him to file a writ petition which was dismissed owing to suppression of material records by the respondents. Thereafter, upon securing documents, the petitioner again approached respondents 3 to 5 seeking regularization in terms of the 1998 proceedings. However, no action has been taken.

(c) It is further submitted that the Government of Telangana, through G.O.Ms.Nos.58 and 59, has mandated regularization of unauthorized occupation