Telangana High Court
Dasari Yadaiah vs The Tahsildar on 31 December, 2024
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION Nos.5801 and 37820 OF 2022
COMMON ORDER:
Heard Sri R. Prashanth, learned counsel
representing Sri Vemula Yadu Krishna Sainath, learned
counsel for the petitioners, Smt. Rachana Reddy, learned
senior counsel representing Sri Mohd. Basheer Riyaz,
learned counsel for respondent No.4 and Sri S. Tulasi
Das, learned counsel appearing for respondent Nos.6 to
25 and 27 to 45 in W.P.No.37820 of 2022 and
Sri L. Ravinder, learned Assistant Government Pleader for
Revenue. Perused the record.
2. The lis involved in both the writ petitions and
subject property is one and the same. Therefore, both the
writ petitions were heard together and decided by way of
this common order. The official respondents are referred
to as arrayed in W.P.No.5801 of 2022. Respondent Nos. 6
to 25 and 27 to 45 are referred as members of respondent
No.4 Association.
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3. Petitioners are (28) in number. They belong to
Scheduled Caste community. Their forefathers and after
their death, their fathers and thereafter, petitioners are in
possession of land admeasuring Ac.6.00 gts. in Sy.No.46
situated at Meerpet Village of Balapur Mandal, Ranga
Reddy District. They are in possession of the subject land
since last 10 decades.
4. In the year 1973, some of their family members
obtained loan from Dena Bank, Saroornagar Branch for
development of the said land. They are cultivating the
said land. They have also obtained electricity connection
and paying consumption charges to the Electricity
Department. Thus, they claim that they are in possession
of the subject property.
5. In the year 1998, respondent Nos.1 to 3 tried to
dispossess the family members of petitioners along with
family members of Bommana family. Therefore, they have
filed a writ petition vide W.P.No.31559 of 1998. Vide
order dated 13.06.1999, this Court referring to the order
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dated 02.01.1997 in W.P.No.35831 of 1997 disposed of
the said writ petition directing the respondents therein
not to demolish the structures nor to dispossess the
petitioners therein from the land to an extent of Ac.6.00
gts. situated in Sy.No.46 of Meerpet Village, Saroornagar
Mandal, without following due process laid down under
law.
6. The respondent authorities in view of the aforesaid
orders passed by this Court, conducted panchananama
dated 12.01.2022 and delivered possession of subject
property to respondent No.4 Association. Challenging the
said impugned panchamama issued in favour of
respondent No.4 Association, petitioners in W.P.No.37820
of 2022 filed the said writ petition. Thereafter, respondent
No.4 Association also filed a suit vide O.S.No.304 of 2022
against some of the petitioners seeking perpetual
injunction. Along with the suit, an Interlocutory
Application vide I.A.No.33 of 2022 seeking ad-interim
injunction was filed. Vide order dated 09.05.2022,
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learned Special JFCM, Excise-cum-VII Addl. Junior Civil
Judge-cum-VII Addl. Metropolitan Magistrate at
L.B.Nagar, Ranga Reddy District dismissed the said I.A.
Feeling aggrieved by the same, respondent No.4
Association preferred an Appeal vide C.M.A.No.35 of
2022. The same was also dismissed. The said orders
attained finality.
7. On 28.01.2022, staff of respondent Nos.1 to 3
requested the petitioners to vacate the schedule land
without issuing any notice and without following due
procedure laid down under law. Respondent Nos.1 to 3
informed the petitioners that the subject property belongs
to Government and therefore, petitioners have to vacate
from the subject property within one week. Petitioners
have furnished copy of order dated 13.06.1999 in
W.P.No.31559 of 1998 to the staff of respondent Nos.1
to 3. They have not considered the same. Thus, the entire
action of respondent Nos.1 to 3 in trying to vacate the
petitioners from the subject land without following due
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procedure laid down under law is arbitrary, illegal and
also in violation of order dated 13.06.1999 in
W.P.No.31559 of 1998. Challenging the said action of
respondents, petitioners in W.P.No.5801 of 2022 filed the
said writ petition.
8. Respondent No.4 contended that he is working as
President of Ranga Reddy District Rickshaw Pullers and
Daily Waged Workers Welfare Association, a registered
Association. The said Association is formed for the
welfare and rehabilitation of its members, who are
Rickshaw pullers. They have also succeeded in securing
the assignments with regard to land in Jagatgirigutta in
the year 1981, Kachwani Singaram in the year 1985 and
Meerpet in the year 1993. Thus, the said Association is
fighting for the welfare of its members who are Rickshaw
pullers.
9. The said Association succeeded in getting patta
certificates in respect of Meerpet land in the year 1993.
But due to some obstruction caused by local people, the
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members of the said association were not in a position to
take possession of the said property. Thus, there was
delay. Therefore, they have filed a writ petition vide
W.P.No.27974 of 1998 and the same was disposed of on
09.02.2001.
10. A housing layout was prepared by the then HUDA
for total extent of Ac.22.25 gts. in Sy.No.46 of Meerpet.
Members of the said Association numbering about 230
have to be allotted the plots, but due to encroachments
made by Toddy Tappers, Washer man community and for
Burial ground, they lost 100 plots. About 150 assignees
were actually shown physical possession leaving 80
assignees to their fate. In the year 2006, Government has
issued G.O.Ms.No.493, dated 28.04.2006 banning
allotments of individual house plots and came out with a
revised policy to accommodate the houseless people in
the Rajiv Gruhakalpa and other similar housing schemes.
Therefore, the members of the said Association had no
option but to act as silent spectators.
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11. Thereafter, a writ petition vide W.P (PIL) No.249 of
2017 was filed assailing the said G.O and the Circular
instructions issued by the then Collector, Ranga Reddy
District, cancelling all the assignments made prior to
2006. Vide order dated 30.10.2018, a Division Bench
allowed the said writ petition and set aside the said
proceedings. They have not initiated further action in
compliance with the said orders. Therefore, they have
filed a contempt case. They have also approached
Lokayuktha. Thereafter, the Tahsildar, Balapur Mandal
conducted physical verification of the area and submitted
report to the District Collector on 08.12.2016. Copy of the
same was forwarded to the Lokayuktha. Vide order dated
21.09.2020, Lokayuktha directed the authorities to
induct the members of the association physically within
one month from the date of report. The Tahsildar vide
memo dated 30.06.2021, directed the Mandal Surveyor
and the Additional Mandal Girdavar, Balapur to inspect
the subject land situated in Sy.No.46 of Meerpet with
reference to layout by the HUDA and report compliance
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for taking necessary action in the matter. Thereafter, the
Tahsildar vide letter dated 15.11.2021 requested the
Station House Officer, Meerpet Police station to provide
police protection to the staff and the beneficiaries in the
process of plotting and delivering possession and when
the Revenue Inspector faced hardship, he sought the help
of police, who in turn gave assistance to them in
delivering possession on 12.01.2022. Thus, the members
of the said Association took possession and started laying
the roads, drainage pipeline and other structures over an
extent of Ac.1.20 gts. They agreed to forego 35 plots out
of 80 plots so as to accommodate the writ petitioners. In
fact none of the writ petitioners are entitled for any
allotment whatsoever under the revision vide
G.O.Ms.No.493 of 2006, dated 28.04.2006.
12. The Government has to either modify G.O. or seek
an amendment to allot the plots to the writ petitioners.
Therefore, the present writ petition is not maintainable.
They have filed the present writ petition with a mala fide
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intention. A case in Crime No.60 of 2022 under Sections
447, 427 r/w.34 of IPC was registered by P.S.Meerpet
against the writ petitioners. They were arrested and
enlarged on bail. Thus, with the said contentions,
respondent No.4 sought to dismiss the present writ
petition.
13. The aforestated facts would reveal that the
petitioners are claiming right over land admeasuring
Ac.6.00 gts. in Sy.No.46 of Meerpet Village, Balapur
Mandal, Ranga Reddy District. According to them, their
forefathers, their fathers and thereafter, petitioners are in
possession of the said property. When respondent Nos.1
to 3 tried to dispossess their family members and others,
they have filed a writ petition vide W.P.No.31559 of 1998
and this Court vide order dated 13.06.1999 referring to
the order dated 02.01.1997 in W.P.No.35831 of 1997
directed the respondents not to dispossess the petitioners
therein and not to demolish the structures in the subject
property i.e. in the land to an extent of Ac.6.00 gts.
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situated in Sy.No.46 of Meerpet Village, Saroornagar
Mandal, without following due process laid down under
law.
14. It is relevant to note that in the said order, this
Court referred the order dated 02.01.1997 in
W.P.No.35831 of 1997. Vide the said order dated
02.01.1997 in W.P.No.35831 of 1997, this Court held
that the property of the petitioners situated in Sy.No.45,
admeasuring Ac.1.10 cents situated at Mansoorabad,
Saroornagar Mandal, Ranga Reddy District shall not be
interfered with by respondent No.4 nor he should take
any action to demolish the structures without taking
recourse to law and without putting the petitioners
therein on notice.
15. Petitioners filed photographs to show that they dug
bore well and they have obtained electricity connection.
16. Perusal of documents filed by respondent No.4
would reveal that Ranga Reddy District Rickshaw Pullers
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and Daily Waged Workers Welfare Association,
represented by its President filed a writ petition vide
W.P.No.27974 of 1998 to declare the action of
respondents therein in not handing over physical
possession to the patta holders in Sy.No.46 of Meerpet
Village, Saroornagar Mandal, Ranga Reddy District, as
illegal. Vide order dated 09.02.2001, this Court disposed
of the said writ petition directing the respondents therein
to take all necessary steps and see that no construction
is made by any unauthorized person in the land allotted
to the beneficiaries. No construction shall be allowed to
be made in open space. The respondents shall also take
necessary steps to prevent the encroachments into the
land, which is already allotted to the beneficiaries and
weaker sections of the society.
17. This Court also observed that the Mandal Revenue
Officer shall scrutinize each of the patta certificate earlier
granted and upon being satisfied about the identity of the
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patta holders, induct each one of them into possession of
the land allotted to the particular pattadar, etc.
18. Vide order dated 30.10.2018 in W.P.(PIL) No.249
of 2017 and batch, filed by the Weaker Sections Welfare
Association (Regd.No.2447) and 6 others, this Court set
aside the proceedings dated 28.03.2007 and granted
liberty to the Revenue authorities to examine individual
cases and if circumstances warrant, issue notice, afford
opportunity to beneficiaries and pass orders.
19. Proceedings No.E4/2530/05, dated 28.03.2007
were issued consequent to G.O.Ms.No.493, dated
28.04.2006. The same is relevant and extracted below.
” Therefore, for the above said reasons and in
view of the present policy of Government on
assignment of individual house site pattas in
Ranga Reddy District as stipulated in reference
10th cited above, all the patta certificates
prepared before 28.04.2006, but not distributed
and all the patta certificates which were
distributed but possession not given before
28.04.2006 are hereby cancelled.
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The Mandal Revenue Officers concerned are
hereby directed to take necessary action for
registration of the eligible beneficiaries under
Union Poor Housing Schemes where patte
certificates were prepared, but not distributed
and to those patte certificates distributed, but
possession not given and report compliance.”
20. Vide Memo dated 30.06.2021, respondent No.1
referring to the orders passed by Lokayuktha, directed
the Mandal Surveyor and the Additional Mandal
Girdawar, Balapur to inspect the subject land situated in
Sy.No.46 of Meerpet with reference to the layout approved
by HUDA and to send compliance report for taking
further necessary action in the matter. Vide proceedings
dated 01.11.2021, respondent No.1 directed Additional
Mandal Girdawar, Balapur Mandal to redevelop/make
necessary changes/put land situated in Sy.No.46 of
Meerpet Village, Balapur Mandal in the style and shape
of layout for taking further necessary action in the matter
as directed by Lokayuktha. Vide Memo dated 10.01.2022,
respondent No.1 directed the Additional Mandal
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Girdawar, Balapur Mandal to handover the possession of
the (45) redeveloped plots situated at Sy.No.46 of Meerpet
Village, Balapur Mandal in favour of members of
respondent No.4-The District Rickshaw Pullers and Daily
Waged Workers Association under cover of panchanama.
Vide letter dated 15.11.2021, respondent No.1-Tahsildar
sought for police protection from PS, Meerpet.
Accordingly, panchanama was conducted on 12.01.2022
and handed over the plots to the members of respondent
No.4 Association.
21. Referring to the Board Standing Orders 21, learned
counsel for the petitioners in W.P.No.37820 of 2022
would submit that no application for assignment or sale
of Government land under the Standing Orders to a
company, association unless such company, association
or society is a company within the meaning of that word
in Section 3(1) of the Companies Act, 1956 or has been
registered under the Societies Registration Act, 1860, the
Religious Societies Act, 1880, etc. Therefore, the
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contention of learned counsel for respondent no.4
Association that land was assigned to the said
Association is contrary to the said Board Standing
Orders 21. He also placed reliance on the principles laid
down in Lance Naik Korrapati Kishore Kumar v. The
State of Andhra Pradesh and others1 and Indian
Immunologicals v. Narendra Agarwal and others2.
22. Learned counsel for the petitioners also would
contend that while conducting panchanama on
12.01.2022, respondent No.1 did not put the petitioners
in W.P.No.37820 of 2022 on notice. Whereas, learned
counsel appearing for respondents and learned Assistant
Government Pleader for Revenue would contend that the
family members of the petitioners were present and the
same was recorded in the said panchanama.
23. Respondent No.4 Association lodged a complaint
dated 19.01.2022 with P.S., Meerpet, who in turn
registered a case in Crime No. 60 of 2022 against
1
2022 (4) ALD 46
2
2022 (3) ALD 684
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Mr. Kishore and others for the offences under Sections
24. Perusal of record also would reveal that respondent
No.4 Association filed a suit vide O.S.No.304 of 2022
against some of the petitioners seeking perpetual
injunction. Vide order dated 09.05.2022 in I.A.No.33 of
2022 in O.S.No.304 of 2022, learned Special JFCM,
Excise-cum-VII Addl. Junior Civil Judge-cum-VII Addl.
Metropolitan Magistrate at L.B.Nagar, Ranga Reddy
District dismissed the said I.A filed for ad-interim
injunction. Feeling aggrieved by the same, respondent
No.4 Association preferred an Appeal vide C.M.A.No.35 of
2022. The same was also dismissed.
25. The aforestated facts would reveal that both the
petitioners and members of the aforesaid Association are
claiming right over the subject property. There are three
aforesaid orders with respect to subject property i.e.
1) order dated 13.06.1999 in W.P.No.31559 of 1998,
2) order dated 09.02.2001 in W.P.No.27974 of 1998 and
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3) order dated 30.10.2018 in W.P (PIL) No.249 of 2017
and batch.
26. Vide aforesaid order dated 30.10.2018 in W.P (PIL)
No.249 of 2017 and batch, a Division Bench granted
liberty to the Revenue authorities to examine individual
cases and if circumstances warrant, issue notice, afford
opportunity to beneficiaries and pass orders. It appears
that respondent Nos.1 to 3 conducted panchanama dated
12.01.2022 and delivered possession of the plots in an
extent of Ac.1.20 gts. to the members of the aforesaid
respondent No.4 Association. Petitioners herein are also
claiming that they are the absolute owners and
possessors of land admeasuring Ac.6.00 gts. in Sy.No.46
situated at Meerpet Village, Balapur Mandal, Ranga
Reddy District. Vide order dated 13.06.1999 in
W.P.No.31559 of 1998, this Court directed respondent
Nos.1 to 3 not to dispossess the family members of
petitioners from the subject property. Thus, dispute is
with regard to land in Sy.No.46 of Meerpet Village. The
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dispute is going on since 1998. Both petitioners and
members of the aforesaid association are claiming right
over the subject property and that they are in possession
of the said property. The extent is different.
27. In the light of the aforesaid discussion, both the writ
petitions are disposed of directing the District Collector,
Ranga Reddy District, the Tahsildar, Balapur Mandal,
respondent Nos.2 and 3 in W.P. No.37820 of 2022, to
inspect the site, examine the entire record including the
aforesaid three orders; Board Standing Order No.21 and
take action in accordance with procedure laid down
under law, as expeditiously as possible, preferably, within
a period of three (3) months from the date of receipt of
copy of this order. In the circumstances of the case, there
shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any,
pending in the Writ Petition shall stand closed.
___________________
K. LAKSHMAN, J
31st December, 2024
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