BALAGONI SAI KIRAN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The writ appeal is arising out of an order dtd. 8/1/2021 passed in W.P.No.3789 of 2019 by the learned Single Judge, whereby the learned Single Judge has dismissed the writ petition filed by the appellants herein.

(2.) The appellants/petitioners preferred the writ petition before the learned Single Judge stating that the appellant No.1/petitioner No.1 is the owner and possessor of land admeasuring Acs.2.00 guntas in Sy.Nos.692/1/1, 692/1/2, 692/1/3, 692/1/4 and 692/1/5; appellant No.2/petitioner No.2 is the owner and possessor of land admeasuring Ac.1.35 guntas in Sy.Nos.692/3/1, 692/3/2, 692/3/3, 692/3/4 and 692/3/5; appellant No.3/petitioner No.3 is the owner and possessor of land admeasuring Ac.1.32 guntas in Sy.No.692/2; and the appellant No.4/petitioner No.4 is the owner and possessor of land admeasuring Ac.1.10 guntas in Sy.No.692/6, total admeasuring Acs.6.37 guntas, situated at Duddeda Village, Kondapak Mandal, Siddipet District (erstwhile Medak District) (hereinafter referred to as 'subject lands'). Originally, the subject lands were Government lands, which were assigned to the appellants/petitioners herein under assignment patta certificates. The appellants/ petitioners further stated that on 20/2/2019, the respondent No.4/Tahsildar, Kondapak Mandal, came to the subject lands and asked the appellants/petitioners to stop cultivation. It was brought to the notice of the respondent No.4/Tahsildar that the lands are assigned lands. However, without hearing, the appellants/ petitioners were thrown out of the lands. The respondent No.4/Tahsildar informed them that the Government is allotting the land for Government Projects and the appellants/petitioners were directed to remove the crop. The appellants/petitioners have challenged the said action of the State without issuing notice and without following due process of law as illegal, irrational, arbitrary and in violation of the constitutional rights guaranteed under the Constitution of India. The following prayer was made in the writ petition.

(3.) A counter affidavit was filed by the State Government and the State Government took a categorical stand that the appellants/petitioners are not at all the owners of the land and as per the revenue records, the land in survey No.692 to an extent of Acs.9.00 guntas is recorded as 'Bancharai' (Gairan). It was also stated that according to Form-I Register for the year 1989-90, vide proceedings No.B/1867/2003, dtd. 23/7/2003, the names of the appellants/petitioners were entered as assignees in respect of Acs.6.37 guntas relying upon the patta certificates, which were allegedly issued on 6/5/1998. The State Government on verification of records came to the conclusion that the Distribution Register relating to file No.B/1867/2003 discloses that the same is relating to representations submitted in Janmabhoomi Programme for the villagers of Etigadda Kistapur. It has been further stated on affidavit that the revenue records were burnt by some extremists and the appellants/petitioners, claiming as assignees, have preferred a writ petition praying before this Court to decide the disputed questions of assignment, title and possession as well as identification of lands. It was also brought to the notice of this Court that the appellants/petitioners have voluntarily made applications to the Tahsildar, Kondapak Mandal in Form-C under Rule 16 of the Andhra Pradesh (Telangana Area) Land Revenue Rules, 1951 ('the Rules', for brevity) relinquishing their rights over the subject lands, vide applications, dtd. 4/2/2017, duly submitting 'Razinama'. The said applications were signed by the appellants/petitioners and attested by witnesses and the same were accepted by the Tahsildar, vide order dtd. 4/2/2017. It has been further stated that after Razinama was accepted, the State Government took possession of the lands after drawing Panchanamas and the lands were thereafter allotted to Yaprala Narasimha Reddy through registered exchange deeds executed by the Tahsildar concerned on behalf of the State of Telangana, in lieu of surrender of their patta lands situated in survey No.692 to the Government for the purpose of construction of double bed room houses. It has been further stated that the appellants/petitioners are not at all in possession of the lands and they are not the assignees and such disputed questions of facts cannot be looked into in the writ petition.