Sanjay Kumar Bhati And 2 Others vs The State Of Telangana And 2 Others
2022 Latest Caselaw 3228 Tel

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

                WRIT PETITION NO.27581 OF 2022

ORDER:

This Writ Petition, under Article 226 of the Constitution of

India, is filed seeking to declare the action of respondent Nos.2

and 3 in not considering the petitioners' representation, dated

28.05.2022 and not implementing the judgment and decree,

dated 16.12.2016, passed in LRA No.14 of 2012 by the

Chairman, LRAT-cum-II Additional District and Sessions Judge,

Ranga Reddy District, NTR Nagar, Hyderabad, and deleting the

petitioners' lands admeasuring Ac.8-26 ½ guntas in Survey

No.19/31 and Ac.2-27 guntas in Survey No.19/32, situated at

Ammapally Village, Shamshabad Mandal, Ranga Reddy District

from the surrender order, as arbitrary, illegal and consequently

direct respondent Nos.2 and 3 to forthwith consider the

petitioners' aforesaid representation and implement of the

aforesaid judgment and decree.

2. Heard the learned counsel for the petitioners and

the learned Assistant Government Pleader for Revenue

appearing for the respondents.

3. It is submitted by learned counsel for the

petitioners that the order in the said LRA No.14 of 2012, dated MSK,J 2 wp_27581_2022

16.12.2016 has become final, thereby inclusion of the subject

lands belonging to the petitioners in the list of surrender lands

was set aside by the Land Reforms Appellate Tribunal. He

further submitted that the said order, dated 16.12.2016 has

become final and thereby making obligatory on the part of the

respondent Nos.2 and 3 to delete the subject lands belonging to

the petitioners from the list of surrender lands. But, the

respondents have not taken any action for implementation of

the said order passed by the Land Reforms Appellate Tribunal

till date, in spite of the petitioners approaching the respondents

on several occasions including by submitting representation,

dated 28.05.2022.

4. Learned Assistant Government Pleader for Revenue

sought time to verify whether the said order, dated 16.12.2016,

of the Land Reforms Appellate Tribunal has become final or not.

5. Taking into consideration the fact that the Land

Reforms Appellate Tribunal by its order, dated 16.12.2016 was

pleased to set aside the order of the surrender in respect of the

subject lands passed under Section 4 of the Act and as

submitted by learned counsel for the petitioners that the said

order has become final, this Court does not find any reason to

direct the respondents to delete it from the list of surrender MSK,J 3 wp_27581_2022

lands as surrender in respect of the subject lands was already

set aside by the Land Reforms Appellate Tribunal. However, as

submitted by learned counsel for the petitioners, the order of

the Land Reforms Appellate Tribunal is not given effect and

thereby the petitioners are deprived of mutating their names in

the revenue records for updating passbook in respect of the

subject lands, taking into consideration the said submission,

this Writ Petition is disposed of at the admission stage with the

following directions:

(i) the petitioners are permitted to make a fresh

representation to respondent Nos.2 and 3 for implementing the

order in LRA No.14 of 2012, dated 16.12.2016 requesting for

mutation of the names of the petitioners in respect of the land

admeasuring Ac.8-26 ½ guntas in Survey No.19/31 and Ac.-2-

27 guntas in Survey No.19/32, situated at Ammapally Village,

Shamshabad Mandal, Ranga Reddy District, and (ii) for

updating the same on Dharani portal and issuance of new

pattadar passbooks-cum-title deeds, within a period of two (2)

weeks from the date of receipt of a copy of this order and on

submission of such representation, respondent Nos.2 and 3 are

directed to consider the said representation by duly taking into

consideration the order, dated 16.12.2016 passed in LRA No.14 MSK,J 4 wp_27581_2022

of 2012 by the Chairman, LRAT-cum-II Additional District and

Sessions Judge, Ranga Reddy District, and pass appropriate

orders within a period of four (4) weeks from the date of

submission of the representation by the petitioners.

6. It is made clear that that this order is passed

taking into consideration the submissions of learned counsel for

the petitioners that the order, dated 16.12.2016 in LRA No.14 of

2012 has become final.

Miscellaneous applications, if any, pending shall stand

closed. There shall be no order as to costs.

____________________________________ MUMMINENI SUDHEER KUMAR, J

1st July, 2022 YVL