IN THE HIGH COURT FOR THE STATE OF TELANGANA HYDERABAD ***

Between:

Udari Krishna Murthy & another .. Petitioners v.

The State of Telangana, Represented by its Principal Secretary, Revenue Department, Secretariat, Hyderabad & 3 others .. Respondents DATE OF ORDER PRONOUNCED: 21-04-2025 SUBMITTED FOR APPROVAL:

HON’BLE SRI JUSTICE B. VIJAYSEN REDDY

1. Whether Reporters of Local newspapers may be allowed to see the Judgments? : No

2. Whether the copies of judgment may be marked to Law Reporters/Journals. : Yes

3. Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment? : Yes ____________________ B. VIJAYSEN REDDY, J * HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY + W.P. No.26468 OF 2022 % Date: 21-04-2025 # Udari Krishna Murthy & another .. Petitioners v.

$ The State of Telangana, Represented by its Principal Secretary, Revenue Department, Secretariat, Hyderabad & 3 others .. Respondents ! Counsel for Petitioners : Mr. Vijay B. Paropkari ^ Counsel for respondent Nos.1 to 3 : A.G.P. for Revenue ^ Counsel for respondent No.4 : Mr. Kiran Kumar Gattu, S.C. for Bhoodan Board > HEAD NOTE ? CASES REFERRED:

C/15 HON’BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.26468 OF 2022

ORDER :

Order in Proceedings No.B/169/2019 dated 08.06.2022 passed by respondent No.3 - the Tahsildar, Ghatkesar Mandal, Ghatkesar, Medchal District, is questioned in this writ petition as being illegal, arbitrary, violative of Articles 14, 19(1)(g), 21 and

300-A of the Constitution of India.

2.1. The record filed in the writ petition reveals that respondent No.4 - the Secretary, Telangana Bhoodan Yagna Board, Gandhi Bhavan, Nampally, Hyderabad, approached respondent No.3 and furnished list of Bhoodan lands of Edulabad Village, Ghatkesar Mandal, Medchal District, to incorporate the land admeasuring Acs.20-00 in Survey Nos.1080 and 1084 situated in Edulabad Village, Ghatkesar Mandal, Ranga Reddy District, as Bhoodan Lands.

2.2. Accordingly, respondent No.3 issued a Memo bearing No.BE1/900/2006 dated 23.09.2006, to the then Panchayat Secretary, Edulabad Village, to record the subject land in the revenue records as Bhoodan Land. The Panchayat Secretary, Edulabad Village complied with the orders of respondent No.3 recording the subject land as Bhoodan Land.

2.3. Aggrieved by the Memo No.BE1/900/2006 dated

23.09.2006 issued by respondent No.3 dated 23.09.2006, W.P. No.15223 of 2007 was filed by the petitioner Nos.1, 2 herein and two others viz., (1) Mr. Udari Satyanarayana, (2) Mr. Udari Shiv Kumar, (3) Mr. Udari Krishna Murthy and (4) Mr. Udari Sudershan who are the sons of late Mr. Udari Laxmaiah, resident of Tenugudem, Hamlet of Korremal Village, Ghatkesar Mandal, Medchal-Malkajgiri District. The writ petition was disposed of by the order dated 20.06.2019 setting aside the impugned Memo in respect of the subject land with a direction to conduct enquiry afresh. In compliance of the same, respondent No.3 issued notices to the petitioners and others by calling upon them to file their claims and objections along with documents; and the petitioners filed their written arguments. Upon considering the claims of the petitioners and their contentions, impugned order in Proceedings No.B/169/2019 dated 08.06.2022 was passed by respondent No.3.

2.4. The case of the petitioners is that sale certificate was issued to their father Mr. Udari Laxmaiah under Section 38(6) of the A.P (Telangana Area) Tenancy and Agricultural Lands Act 1950 (for short ‘Tenancy Act 1950’) on 27.05.1967 in File No.H/2213/67 in respect of the land in Survey Nos.1080 and 1084, and another Certificate in File No.H/2551/67 in respect of the lands in Survey Nos.1083 and 1087 on the same date. Certificate under Section 38(6) of the Tenancy Act 1950 presupposes existence of protected tenancy rights right from 1950. Assuming that Raja Triyambak Nandlal was the owner and pattadar of the subject land in 1954, the father of the petitioners who was protected tenant of the same much prior to that had a pre-existing