THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.11143 of 2021

ORDER:

Heard learned Senior Counsel appearing for the petitioners, learned Assistant Government Pleader for Revenue appearing for the respondents and perused the material on record.

2. Learned Senior Counsel for the petitioners submits that the petitioners are the owners and possessors of their respective plots in Sy.No.208 situated at Itikyala Village and Mandal, Jogulamba Gadwal District. The respondent No.5 has purchased the said properties through registered document No.3091/2020, dated 20.02.2020 for a valid sale consideration. Thereafter, the respondent No.5 has obtained NALA conversion vide proceedings No.C/1497/2020, dated 25.08.2020. Subsequently, the respondent No.5 also obtained layout permission from the respondent No.9 in Draft – TLP No.174/2020/HRO/H1 on 03.12.2020.

Thereafter, the respondent No.5 has mortgaged the open plot Nos.11 to 16 in favour of the respondent No.7/Gram Panchayat under the Deed of Mortgage on 08.01.2021.

3. Learned Senior Counsel for the petitioners further submits that the petitioners herein purchased the respective plots from the respondent No.5 after forming the layout. While it being so, without issuing any notices to the petitioners, the respondent No.2/District Collector passed impunged proceeding No.E1/56/2021, dated 04.03.2021 directing the respondent No.4/Tahsildar to resume the land to an extent of Ac.05.04 guntas situated in Sy.No.208 at Itikyala Village and Mandal Headquarters into Government custody by following the due procedure as contemplated under Land Encroachment Act, 1905 as the same is Government land.

4. The learned Counsel for the petitioners further submits that in the instant case, the petitioners have purchased the subject plots after the land converted into Non-Agricultural purpose. In view of the same, the petitioners are the effected parties. The respondent No.2 passed impugned orders directing the respondent No.4 to resume the land by initiating the Land Encroachment Act, 1905.

5. Learned Senior Counsel for the petitioners submits that the action of the respondents in cancelling the NALA conversion is illegal, arbitrary and contrary to the Rule Nos.5(iv) and 9 of the Telangana Agricultural Land (Conversion for Non-Agricultural Purposes) Rules, 2006 (for brevity ‘the Rules, 2006’). Therefore, learned Senior Counsel requested to allow the writ petition by setting aside the impugned proceeding No.E1/56/2021, dated 04.03.2021.

6. Learned Assistant Government Pleader for Revenue, basing on the counter filed by the respondent No.4 submits that the contentions of the petitioners cannot be taken into account as subject property belongs to the Government and the respondent No.2 directed the Tahsildar to initiate land encroachment proceedings as per Land Encroachment Act, 1905 for evicting the encroachers from the schedule property. In view of the same, the respondents rightly passed the impugned orders and requested to dismiss the writ petition.

7. After hearing both sides and on perusing the entire material on record, this Court is of the considered view that the petitioners are the owners and possessors of their respective plots in Sy.No.208 situated at Itikyala Village and Mandal, Jogulamba Gadwal District by purchasing through registered documents and in the instant case they are questioning the impugned orders passed by the respondent No.2 by cancelling NALA conversion proceedings for the subject property in Proceedings No.C/1497/2020, dated 25.08.2020 issued by the respondent No.3 and directed the respondent No.4 to resume total land admeasuring to an extent of Ac.5.04 guntas situated in Sy.No.208 at Itikyala Village by initiating the Land Encroachment Act, 1905. In the instant case, the petitioners purchased the property after obtaining NALA conversion proceedings and layout permission issued by the Competent Authority. After purchasing the same, the respondent No.2 without issuing any notice to the petit