HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.9862 of 2024

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking 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 official respondents in not taking action on the encroachments made by the unofficial respondents on the assigned house patta land admeasuring an extent of Ac.0.02 guntas in Survey No.67 vide Patta in File No.B5/285/81 dated 27.4.1981 which was again renumbered as 67/A/1 at Narsapur (V and M) Medak District and its corresponding H.Nos.43, 43/1, 44/1 and 44/2 as illegal, arbitrary, unjustifiable and discriminatory and in violation of the provisions of Telangana Assigned Lands Prohibition of Transfers Act, 1977 and also in violation of the principles of natural justice and in violation of Articles 14, 21 and 300A of the Constitution of India and consequently to direct the official respondents to cancel the mutation in favour of the unofficial respondents and restore possession of the same in favour of the petitioner.…”

2. Considered the submissions of the learned counsel for the petitioner; Sri N. Manohar, learned counsel for respondent Nos.6 to

10 and perused the record.

3. It is stated that the husband of the petitioner was assigned land to an extent of Ac.0.02 guntas in Survey No.67 vide patta in File No.B5/285/81, dated 27.04.1981, which was renumbered as Survey No.67/A/1 at Narsapur Village and Mandal, Medak District and he also constructed houses in the said lands after obtaining building permission, dated 06.09.1992. It is the case of the petitioner that after the death of her husband, the revenue authorities have mutated her name in the revenue records and she is in enjoyment of the said property. The grievance of the petitioner is that disputing the extent sanctioned by the Government as assignment patta, respondent Nos.6 to 10 are interfering with her peaceful possession and causing inconvenience for her enjoyment over the said property, which constrained her to submit number of representations before the respondent authorities requesting to take action against the alleged encroachers into the assigned lands sanctioned in favour of her husband and subsequently, which is in her possession, but no action has been taken by the respondent authorities on the encroachments made by respondent Nos.6 to 10.

Hence, this writ petition.

4. Learned counsel for the petitioner submitted that the said assignment was sanctioned by the Government in favour of the petitioner’s husband as per the Board Standing Orders and the Rules made under the provisions of the Telangana Land Revenue Act, 1317 Fasli. It is further submitted that the petitioner’s late husband constructed houses in the said assigned lands after obtaining necessary permissions from the respondent authorities.

5. Learned counsel for respondent Nos.6 to 10 disputing the submissions of the learned counsel for the petitioner has submitted that respondent Nos.6 to 10 have purchased part of the lands assigned as house site pattas to the petitioner’s husband and there is dispute with regard to the nature and possession of the said lands.

6. It is settled law that the as per the policy enunciated in G.O.Ms.1406 dated 27.05.1958, the State has allotted various extents of lands for landless poor; and once house sites are assigned, they are entitled to enjoy the same as absolute owners, and if any conditions stipulated therein are violated, the State is having power to resume the said lands by following the due procedure as contemplated in law.

7. Since it is the case of the petitioner that respondent Nos.6 to 10 are interfering into the assigned patta lands and causing obstruction for her enjoyment, the said issues in the opinion of this Court would not fall within the purview of the powers being conferred under the provisions of the Telangana Assigned Lands Prohibition of Transfers Act, 197