High CourtsSingle Bench(2021) 07 TEL CK 0034

Mopur Rajeswari vs State Of Telangana

Telangana High Court · Decided on 19 July 2021

HON’BLE JUDGES
P.Naveen Rao, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 16274 Of 2021

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Judgment

9 paragraphs · 590 words
1.

The prayer sought in the writ petition reads as under:

“… to issue a Writ, Order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the representation of the petitioner dated 08.06.2021 for issuing instructions to the 3rd respondent as to issue necessary instructions to the 5th respondent not to agitate in registering the land bearing Survey No.176 for an extent of Acs.12-00 guntas situated at Siddulur (Paigah) Village, Vikarabad Mandal, Vikarabad District, it illegal, arbitrary, unjust, unconstitutional and violative of principles of natural justice and consequently direct the respondents to consider the representation of the petitioner dated 08.06.2021 and may pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2.

Heard Sri Mohammed Abdul Rasheed, learned counsel for the petitioner, and learned Assistant Government Pleader for Revenue.

3.

Petitioner claims to have purchased Acs.12.00 of land in Survey No.176 of Siddulur Paigah Village, Kotalaguda Grampanchayat, Vikarabad Mandal, Ranga Reddy District, by way of registered sale deeds of the year 2006. Petitioner’s name is mutated in revenue records in accordance with the purchase made by her. Petitioner now intends to alienate the said extent of land and when she went before the registering authority, she came to know that the subject land is included in the list of prohibited properties and thereby prohibited her from alienating the said land. Aggrieved by the same, she submitted representation to the District Collector, Vikarabad District, the 2nd respondent, on 08.06.2021. Alleging inaction, this writ petition is instituted.

4.

The grievance of the petitioner is against inclusion of property in the list of prohibited properties. Learned counsel for the petitioner does not dispute the fact that it was an assigned land, but according to him, it was assigned to an ex-serviceman and after ten years from the date of assignment, the ex-serviceman is entitled to alienate the land and on due verification of the status of the vendor, petitioner purchased the land and therefore the subject property could not have been included in the list of prohibited properties.

5.

Admittedly, the subject property is included in the list of prohibited properties. Circular No.1 of 2021, dated 15.01.2021, issued by the Chief Commissioner of Land Administration vested power in the District Collector concerned to deal with grievances of inclusion/exclusion of agricultural land in the prohibited list of properties. Therefore, if petitioner has grievance against inclusion of her property in the list of prohibited properties, she must file an application through online web portal.

6.

Admittedly, petitioner has not filed any such application through online web portal, but submitted an application in physical form. Since, the remedy availed by the petitioner is not in prescribed procedure, it cannot be said that the District Collector erred in not accepting the said grievance.

Therefore, the relief prayed by the petitioner cannot be granted. However, petitioner is granted liberty to file an application through online web portal ‘DHARANI’ by uploading all the documents in support of her claim to delete the property in issue from the list of prohibited properties. If such application is made, the District Collector, Vikarabad District, the 2nd respondent, shall consider the request of the petitioner, take appropriate decision as warranted by law, communicate the said decision to the petitioner within a period of ten weeks from the date of receipt of such application.

7.

The writ petition is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand closed.