HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.13754 of 2025

ORDER:

This writ petition is filed seeking to declare the action of respondent Nos.2 to 5 in failing to consider the representations of the petitioner dated 22.04.2025, 19.04.2025 and 10.02.2025 and in proceeding with the finalization of layout by granting the alleged NALA permission to the third parties in Sy.Nos.63 and 65, situated at Kundanpally Village, KeesaraMandal, MedchalMalkajgiri District, without conducting survey covering Sy.Nos.63, 64 and 65, by demarcating the petitioner’s Sy.No.63 and 65 from the Sy.No.64 and allowing illegal registrations as illegal, arbitrary and for other appropriate reliefs.

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is stated that the petitioner is the owner and possessor of the agricultural land to an extent of Ac.1.29 gts., in Sy.Nos.63 and 65, situated at Kundanpally Village, KeesaraMandal, MedchalMalkajgiri District, out of which Ac.1.01 gts., is the ancestral property and Ac.0.27 gts., is purchased by him in the year 2014. It is further stated that the name of the petitioner is mutated in all the revenue records and pattadar passbook was also been issued vide Passbook No.T06070110278 and khata No.793. It is further stated that the adjacent owners, who are claiming rights over land in Sy.No.64 including the land of the petitioner in Sy.Nos.63 and 65 have made an application seeking conversion of the agricultural land to non-agricultural purpose under the provisions of the Telangana Agricultural Land (Conversion of Non- Agricultural Purposes) Act, 2006 (for short, ‘the Act, 2006’) and the respondent authorities, without conducting any enquiry or local inspection to know the ground position of the lands, have granted permission for conversion of the land in Sy.No.64. It is further stated that the adjacent owners of land in Sy.No.64 have made an application to respondent No.2-HMDA for grant of approval to final layout and the same is pending and thereby, taking advantage of the same, the third parties are making efforts to disturb the boundaries of the petitioner for the lands in Sy.Nos.63 and 65. Aggrieved by the said action, the petitioner has submitted various representations to respondent No.2-HMDA not to accord any permission/sanction/approval to the layout in Sy.No.64, without conducting any Tippon Survey, as the third parties claiming the land in Sy.No.64 have made an application for layout. The grievance of the petitioner is that despite knowing that the dispute is pending with regard to identification/localization of the land in Sy.Nos.63, 64 and 65 and even after request not to grant/approve layout, respondent No.5, vide Letter No.94/SRO/KSR/2025, dated 22.04.2025 informed that unless there is an order from the Court, restraining them entertaining the application, they have no power to stop the registrations.

4. Learned Assistant Government for Revenue appearing for respondent Nos.3 and 4 submitted that NALA application was submitted by the owners of the land in Sy.No.64 and accordingly, permission has been granted for conversion of lands in Sy.Nos.63 and 65 as per the provisions of NALA Act and if there are any boundary disputes with regard to identification and localisation of the lands in Sy.Nos.63, 64 and 65, the petitioner is entitled to make an appropriate application either seeking to conduct survey of the said lands or to approach the competent Civil Court seeking appropriate relief.

5. Mr.V.Narasimha Goud, learned Standing Counsel for HMDA submitted that respondent No.2 authorities are not having any power or authority to decide the title or inter se disputes among the petitioner and unofficial respondents over the lands in Sy.Nos.63, 64 and 65, and such disputes are required to be adjudicated by competent Civil Court. It is further submitted that in the absence of issuing any prohibitory order by the competent Civil Court, the respondents