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2025 Supreme(Online)(Tel) 55173

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
Sri. M. Lakshmana Reddy – Appellant
Versus
The State of Telangana – Respondent
WP 12820/2025



HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.12820 of 2025

ORDER

It is stated that the petitioner is the Ex-Serviceman and he was assigned land admeasuring Acs.3.00 guntas in Sy.No.191, situated at Kollur Village, Ramachandrapuram Mandal, Sanga Reddy District vide proceedings No.A/5/1124/71, dated nil-05.1972 as per the policy enunciated by the Government vide G.O.Ms.No.743, dated 30.04.1963 and as per the said G.O. “each Jawaan will be eligible for the grant of an extent of Acs.2.50 wet or Acs.5.00 dry land provided that the total extent of land already owned by him plus the land assigned to him, shall not exceed Ac.2.50 wet or Ac.5.00 dry”. It is further stated that the Government, while revising its policy enunciated in G.O.Ms.No.743, has issued G.O.Ms.No.1117, Revenue (Assignment-I) Department, dated 11.11.1993, directing the Commissioner of Land Revenue to permit the Ex-Servicemen to sell away the assigned lands after 10 years from the date of assignment. The grievance of the petitioner is that the respondent authorities, without issuing any notice and without conducting any enquiry, are interfering with his peaceful possession and causing obstruction for enjoying the subject property.

2. Considered the submissions made by the learned counsel for the petitioner; learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3 and the learned Assistant Government Pleader for Home appearing for respondent No.4 and with their consent, this writ petition is being disposed of at the admission stage.

3. Learned Assistant Government Pleader for Revenue and the learned Assistant Government Pleader for Home have not disputed that the land was assigned in favour of the petitioner and also not disputed the issuance of G.O.Ms.No.1117, Revenue (Assignment-I) Department, dated 11.11.1993, allowing the Ex- Servicemen to alienate the lands assigned in their favour after a period of 10 years.

4. It is settled law that once the land is assigned and the said land is allowed to be enjoyed as absolute owner and also permitted to alienate the same vide G.O.Ms.No.1117, the respondent authorities do not have any right or authority to interfere with the peaceful possession of the petitioner or cause any obstruction in enjoying the same as absolute owner.

5. In view of the above submissions, this Court deems it appropriate to dispose of this writ petition directing the respondents to follow due process of law, if they have any claim over the subject land.

6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

________________________________ JUSTICE C.V.BHASKAR REDDY

25.04.2025 JSU

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