As per case facts, petitioners, belonging to marginalized communities and living below the poverty line, were initially allotted vacant land by the government to establish poultry farms, paying half of ...
[ 33041
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO
(Special Original Jurisdiction)
MONDAY, THE SIXTEENTH DAYOF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
wRlT PETITION NO: 5696 OF 2015
Between:
1. M. Yadaiah, s/o Balaiah aged 56 years, Occ labourer r/o 1-60, Gachibowli,
Hyderabad RR District
2. T. Jaihind, s/o Yellaiah aged 55 years, Occ labourer r/o 1-58, Gachibowli,
Hyderabad RR District
3. G. Balraj, s/o Balaiah, aged 57 years Occ labourer r/o Gachibowli, Hyderabad
RR District
4. G. Arjun, s/o Late G. Balaiah aged 37 years, Occ labourer rlo 1-28,
Gachibowli, Hyderabad RR District
5. M. Laxman, s/o Hemia aged 68 years Occ labourer r/o 1-60/5, Gachibowli,
Hyderabad RR District
6. J. Shiva, s/o J. Laxman aged 24 years Occ labourer rlo 1-6017. Gachibowli,
Hyderabad RR District
7. M. Ravi, s/o M. Shankar Late aged 48 years Occ labourer rlo 1-1612,
Gachibowli, Hyderabad RR District
8. M. Ravi Naik, s/o Late M. Shanker aged 27 years Occ labourer ilo 2-57,
Gachibowli, HYderabad RR District
9. M. Manikyam, s/o Hemia aged 65 years Occ labourer r/o Gachibowli,
Hyderabad RR District
10.M. Beenila, S/o Late M. Hanumanth, aged 51 years Occ labourer o 2-57,
Gachibowli, Hyderabad RR District
11.C.K. Mani, s/o C. Kondra aged 65 years Occ labourer rlo 1-2611. Gachibowli,
Hyderabad RR Diskict
-12.G.
Praveen, s,/o late G. Ashok aged 18 years, Occ labourer rlo 1-4811'
Gachibowli, HYderabad RR District
13.G. Sathynarayana, s/o late G. Balaiah aged 30 years Occ labourer tlo 1-28'
Gachibowli, Hyderabad RR District
14.G. Yadaiah, s/o Maisaiah aged 58 years Occ labourer rlo 14OlA, Gachibowli'
Hyderabad RR District
'l
5. G- Krishna, s/o Mysaiah aged 62 years, Occ labourer r/o Gachibowli,
Hyderabad RR District
16.G. Pochaiah, s/o Nagaiah aged 66 years Occ labourer r/o 1-31' Gachibowli,
Hyderabad RR District
17. D. Janardhan, s/o aged 37 years Occ labourer 7o 1 -58, Gachibowli,
Hyderabad RR District
18.G. Baghiah, s/o Mysaiah aged 62 years Occ lat >urer r/o Gachibowli,
Hyderabad RR District
19.Y. Narasimha, s/o Pochaiah aged 61 years Occ labour r do 1-78. Gachibowli,
Hyderabad RR District
20. D. Gandaiah, s/o Babaiah aged 55 years Occ lat turer r/o Gachibowli,
Hyderabad RR District
21. G. Darshan, S/o late G. Shankaraiah aged 28 ycr rs, Occ labourer r/o
Kondapur, Basheerubanda, Hyderabad RR District
22. T. Ramana Murthy, S/o Mysaiah aged 30 years O; labourer rlo 1-4011 .
Gachibowli, Hyderabad RR District
23. G. Nagesh, S/o late Narasimha aged 21 years ( ), c, labourer rlo 1-28,
Gachibowli, Hyderabad RR District
24. D. Sriramlu; S/o late D. Ramaswamy aged 26 years ( r(;c labourer r/o 1-58,
Gachibowli, Hyderabad RR District
25. K. Goverdhan, S/o late K. Snnivas aged 27 years Or c labourer r/o
'l -60/10,
Gachibowli, Hyderabad RR District
26.G. Babu Rao, S/o late G. Narimha aged 46 years l.-3 labourer rto 1-48,
Gachibowli, Hyderabad RR District
27.D. Laxman, Sio late D. Anantaiah aged 34 years O rr: labourer rlo 1-41
,
Gachibowli, Hyderabad RR District
28. K. Sudhakar, S/o late K. Mallaiah aged 37 years ( )r c: labourer rlo 1-82,
Gachibowli, Hyderabad RR District
29.R. Ashok @ Das, S/o late R. Mallaiah aged 62 yr:; rs Occ labourer r/o
Gachibowli, Hyderabad RR District
3O. K. Krishna, S/o Durgaiah aged 55 years Occ laboure, lo 1-97. Gachibowli,
Hyderabad' RR District.
31.8. Yadagiri, S/o late Rajaram aged 58 years Occ lrbourer rlo 1{,0112.
Gachibowli, Hyderabad, RR District
32. K. Danaiah, S/o Eraiah aged 55 years Occ labourer r tr 1-34, Gachibowli,
Hyderabad RR District
33. D. Narasirnha, s/o Babaiah aged 78 years Occ lab: rrer r/o Gachibowli,
Hyderabad RR District
34.D- Mysaiah, S/o Laxmaiah aged 73 years Occ tabourer lo 1-Sl, Gachibowli,
Hyderabad RR District
35.G. Swamy, S/o Ballingaiah aged 63 years Occ labourer t,t 'l-20, Gachibowli,
Hyderabad RR District.
36.T. Mallesh, S/o T. Muthaiah aged 55 years Occ labourer /,t 1-13, Gachibowli,
Hyderabad RR District
37. M. Sudhakar, S/o late Pentaiah aged 33 years Oc: labourer rto 1-26,
Gachibowli, Hyderabad RR District.
38.Mr.M. Sanjay S/o Late M.Laxman, Aged 51 years F/o 1 6011612 Situated at
Gachibowli Srilingampally Hyderabad RR District.T.S.S0()l :i2.
39. Mr.M.Viftl Nayak S/o Late Manikyam, Aged 59 years F/ r 2-33 lndira Naqar
Near bank Opp.Gachibowli Srilingampally Hyderabad RF )istrict.T.S.500052.
40. Smt.D.Shanthamma Wo Late D. Gandaiah, Aged 59 years R/o 1-5711718
Rajeev Nagar Near Pocgamma Temple Gachibowli Srilingampally Hyderabad
RR District.I.S-500032.
41 Smt. Thotla Santosha Wo Late Sri Rama Murthy @ Raman Murthy, Aged 55
years Occ. House Wife Gachibowli Old Village Gachibowli Srilingampally
Hyderabad RR Diskict.T.S.500032.
Petitioner Nos.38,39,4O, and 41 brought on record as Lrs of the
deceased Petitioner Nos. P5, P9,and P20 P22 as per the C-o dt
2510312021 in lA No.1,2,3 and 4 ot 2021.
...PETITIONERS
AND
'l . State of Telangana,, rep. by its Principal Secretary, Revenue Department
Secretariat, Hyderabad.
2. District Collector, Ranga Reddy District at Hyderabad., -
3. Commissioner,, Social Welfare Department State of Telangana, Hyderabad.
4. A.P. Social Welfare Residential Educational lnstitutions, Society, Hyderabad,
rep. by its Secretary.
5. Telangana Social Welfare Residential Educational, lnstitutions Society,
Hyderabad, rep. by its Secretary.
6. Andhra Pradesh Education & Welfare lnfrastructure, Development
Corporation, Hyderabad, rep. by its Managing Director.
7. Telangana Scheduled Castes Coop. Development Corp. Ltd,, Hyderabad,
rep. by its Vice Chairman and Managing Director
8. Deputy Collector & Tahsildar, Serilingampalti Mandal, Ranga Reddy Oistrict
9. Sri G. Janardhan Reddy, s/o G. Yella Reddy, aged major, H. No.2-311E212,
Shivajinagar Colony. Taranagar, Sherilingampally, Hyderabad.
10-The Revenue Divisional OfIicer, Chevella Now Rajendranagar, R.R. District.
R10 is impleaded as per C.O. dt. 231312022 inl.A. No.212022.
.RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the
circumstances stated in the aflidavit filed therewith, the High Court may be
pleased to issue any appropriate Writ, Order or direction preferably a Writ in the
nature of Writ of Mandamus, declaring (1) the order in Proceeding. No.
LC11437012O13 dt. 12.11 .2013 issued by the 2nd respondent and also
consequential proceedings No. BD/3542lSCSP|2O11 dt. 10.12.2013 issued by the
4th respondent and the Letter No. D2lSE/APEWIDCHyd/Comp-
Gachibowli/Hyd 12013 dt. 3.3.2014 and also (2) the high handed action of the
respondents in interfering with the possession of the petitioners of their respective
patta lands for which the petitioners have paid 50% of th ) ilnd value as fixed by
the Government and also (3) the action of the 7th resfrc tlent in not returning
their original respective patta certificates, which were l)l rrlged while receiving
loans, even after clearing the loan amounts as being illepe, arbitrary, contrary to
the principles of natural justice and violative of Art. 4 and 300-4 of the
Constitution of lndia apart from violative of the provisio r r of the Right to Fair
Compensalion and Transparency in Land Acquisiti( r Rehabilitation and
Resettlement Act, 2013 and consequently set aside the , tnve proceedings by
directing the 7th respondent to retum the patta certificates ,)/ directing the official
respondents not to interfere with the possession of their r: pective plots situated
in Gachibowli village, Serilingampally Mandal, R.R. District rnd not to dispossess
the petitioners without following due process of law 4. Dirr,t t the 2nd Respondent
to implement the scheme by providing /returning the ) ltadar certificates dt
05/03/'1982 to the petitioners and direct the Respor r :nt No.8 for taking
appropriate action, as the Tahsildar / Respondent Nrr ) is the appropriate
authority under Sections 6 and 7 of Act, 9 of 2O20.
Prayer is amended as per C.O.dt.2411212021 in l.A.No.8 ci 2O21.
l.A. NO: 4 OF m1S{WPMP. NO: 7588 OF 2015
Petition under Section. 151 CPC praying that in the r i cumstances stated in
the affidavit filed in support of the petition, the High Co r : may be pleased to
direct the respondents not to interfere with the possess ( o of the land of the
petitioners each 242 sq. yards totally admeasuring Ac.3 l8 guntas situated in
Gachibowli Village, Serilingampally. Ranga Reddy Districl tithout following due
process of law, pending disposal of the above writ petition
lA NO: 7 OF m21
Petition under Section 151 CPC praying that in the c r )rimstances stated in
the affidavit filed in support of the petition, the High Cor r may be pleased to
receive additional documents in the above case.
lA NO:1 OF 2022
Petition under Section 151 CPC praying that in the circumstances stated in
the affidavit filed in support of the petition, the High Court may be pleased to
permit the petitioners to amend, by incorporating in the prayer portion of the writ
affidavit and the accompanying wrat petition, as follows:- i.e. after the words
Sections 6 and 7 of Act, 9 of 2O20, 5. The Resumption Proceedings
No.D/l654/86, Dt 25i06/1986 issued by the RDO, Chevella, R.R. District,
including panchanama proceedings No.8/536/2013 Dt 1611112013 issued by the
Respondent No.8, are null and void and 6. Directing Respondent No.2 and RDO,
Chevella Division, now Raiendranagar Division, R.R. District to issue final patta
certificates in favour of petitioners or their legal heirs, on deposit of the balance
50 percent of the sale consideration, already decided at the time of issuance of
patta certificates in the year 1982, in respect of the subject plots of land, by the
petitioners or their legal heirs/agents.
lA NO:9 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in
the affidavit filed in support of the petition, the High Court may be pleased to
rernive additional documents in the above Case.
l.A. NO: 3 OF 2015(WPMP. NO: 7587 0F 201s1
Petition under Section 151 CPC praying that in the circumstances stated in
the affidavit filed in support of the petition, the High Court may be pleased to stay
all further proceedings pursuant to the order in Proceeding. No. LC1/4370/2O13
dt. 12.11.2013 issued by the 2nd respondent and also consequential proceedings
No. BD/3542ISCSP/2O11 dt. 10.12.2013 issued by the 4th respondent and the
Letter No. D2lSE/APEWIDC-Hyd/Comp GachibowliiHydl20l3 dt. 3.3.2O14,
pending disposal of the above writ petition and pass such other order ororders as
may deem fit and proper in the circumstances of the case. pending disposal of the
above writ petition.
l.A. NO: 1 OF 2015(t IVMP. NO: 1800 OF 201s)
Between:
Telangana Social Welfare Residential Educational, lnstitutiorr:
rep. by its Secretary.
;ociety, Hyderabad,
...PETITIC t ERS/RESPONDENTS
AND
I
1. tV'|. Yadaiah, s/o Balaiah aged 56 years, Occ labour: r/o 1-60, Gachibowli,
Hyderabad RR District
2. T. Jaihind, s/o Yellaiah aged 55 years, Occ labourr,r r/o 1-58, Gachibowli,
Hyderabad RR District
3- G. Bilraj, s/o Balaiah, aged 57 years Occ labourer r/o (
;rchibowli, Hyderabad
RR District
4. G. Arjun, s/o Late G. Balaiah aged 37 years,
Gachibowli, Hyderabad RR District
()( c labourer rlo 1-28,
5. M. Laxman, s/o Hemia aged 68 years Occ labourer r:
-l
-60/5, Gachibowli,
Hyderabad RR District
6. J. Shiva, Vo J. Laxman aged 24 years Occ labourer r t 1-60ll. Gachibowli,
Hyderabad RR District
7. M. Ravi, Vo M. Shankar Late aged 48 years Oc: tabourer r/o
Gachibowti, Hyderabad RR District
1-16t2,
M. Ravi Naik, s/o Late M. Shanker aged 27 years r) ;,; labourer rlo 2-57 ,
Gachibowli, Hyderabad RR District
9. M. Manikyam, Vo Hemia aged 65 years Occ
Hyderabad RR District
la bc rrer r/o Gachibowli,
10.M. Beemla, S/o Late M. Hanumanth, aged 5'l years l;: labourer rlo 2-51 ,
Gachibowli, Hyderabad RR District
11.C.K. Mani, s/o C. Kondra aged 65 years Occ labourer I t 1-2611, Gachibowli,
Hyderabad RR District
12-G. Praveen, s,/o late G. Ashok aged
Gachibowli, Hyderabad RR District
18 years, Ocr lirbourer rlo 148fi
,
13.G. Sathynarayana, s/o late G, Balaiah aged 30 years r):; labourer rlo 1-28,
Gachibowli, Hyderabad RR District
14.Cr Yadaiah, s/o Maisaiah aged 58 years Occ labourer r < t-4OlA, Gachibowli,
Hyderabad RR District
15. G. Krishna, s/o Mysaiah aged 62 years, Occ labc r r:r r/o Gachibowli,
Hyderabad RR District
16. G. Pochaiah, s/o Nagaiah aged 66 years Occ labourer r cr 1 -31, Gachibowli,
Hyderabad RR District
17.D. Janardhan, s/o aged 37 years Ocr labourer l: 1-58, Gachibowli,
Hyderabad RR District
18-G. Baghiah, yo Uysaiat aged 62 years Occ labo I err r/o Gachibowli,
Hyderabad RR District
19.Y. Narasimha, s/o Pochaiah aged 61 years Occ labourer r/o 1-78, Gachibowli,
Hyderabad RR District
20. D. Gandaiah, s/o Eabaiah aged 55 years Occ labourer r/o Gachibowli,
Hyderabad RR District
21 . G. Darshan, S/o late G. Shankaraiah aged 28 years, Occ labourer r/o
Kondapur, Basheerubanda, Hyderabad RR District
22.T. Ramana Murthy, S/o Mysaiah aged 30 years Occ labourer rlo 1-4011.
Gachibowli, Hyderabad RR District
23.G. Nagesh, S/o late Narasimha agd 21 years Occ labourer rlo 1-28,
Gachibowli, Hyderabad RR District
24. D. Sriramlu, S/o late D. Ramaswamy aged 26 years Occ labourer r/o 1-58,
Gachibowli, Hyderabad RR District
25. K. Goverdhan, S/o late K. Srinivas aged 27 years Occ labourer rlo 1-60110,
Gachibowli, Hyderabad RR District
26.G. Babu Rao, S/o late G. Narimha aged 46 years Occ labourer rlo 1-48,
Gachibowli, Hyderabad RR District
27.D. Laxman, S/o late D. Anantaiah aged 34 years Occ labourer rlo 1-41,
Gachibowli, Hyderabad RR District
28. K. Sudhakar, S/o late K. Mallaiah aged 37 years Occ labourer rlo 1-82,
Gachibowli, Hyderabad RR District
29.R. Ashok @ Das, S/o late R. Mallaiah aged 62 years Occ labourer r/o
Gachibowli, Hyderabad RR District
3O. K. Krishna, S/o Durgaiah aged 55 years Occ labourer rlo 1-97 . Gachibowli,
Hyderabad RR District.
31. B. Yadagiri, S/o late Rajaram aged 58 years Occ labourer rlo 1-60112.
Gachibowli, Hyderabad, RR District
32. K. Danaiah, S/o Eraiah aged 55 years Occ labourer rlo 1-34, Gachibowli,
Hyderabad RR District
33. D. Narasimha, s/o Babaiah aged 78 years Occ labourer r/o Gachibow{i,
Hyderabad RR District
34.D. Mysaiah, S/o Laxmaiah aged 73 years Occ labourer rlo 1-57, Gachibowli,
Hyderabad RR District
35.G. Swamy, S/o Ballingaiah aged 63 years Occ labourer rlo 1-2O, Gachibowli,
Hyderabad RR District.
36. T. Mallesh, S/o T. Muthaiah aged 55 years Occ labourer rlo 1-13, Gachibowli,
'
Hyderabad RR District
37. M. Sudhakar, S/o late Pentaiah aged 33 years Occ labourer rlo 1-26,
Gachibowli, Hyderabad RR District.
3B.Mr.M. Sanjay S/o Late M.Laxman, Aged 51 years R/o 1$011612 Situated at
Gachibowli Srilingampally Hyderabad RR District.T.S.5OO032.
39.Mr.M.Vittl Nayak S/o Late Manikyam, Aged 59 years R./o 2-33 Indira l,lagar
Near bank Opp.Gachibowli Srilingampally Hyderabad RR District.T.S.500032.
40. Smt.D.Shanthamma Wo Late D. Gandaiah, Aged 59 years R./o 1-5711718
Rajeev Nagar Near Pocgamma Temple Gachibowli Srilingampally Hyderabad
RR District.T.S.5OO032.
41.Smt. Thotla Santosha W/o Late Sri Rama Murthy @
F eman Murthy, Aged 55
years Occ. House Wife Gachibowli Old Village G a ;hibowli Srilingampally
Hyderabad RR District.T.S.500032.
Petitioner Nos.38,39,40, and 41 brought on re:ord as Lrs of the
deceased Petitioner Nos. P5, P9,and PzO P2l rs per the C-o dt
2510312021 in lA No.1,2,3 and 4 ol 2021.
... RESPC I DENTS/ PETITIONER
42. State of Telangana,, rep. by its Principal Secretary, Rr ), enue Department
Secretariat, Hyderabad.
43. District Collector, Ranga Reddy District at Hyderabad.
44. Commissioner,, Social Wetfare Department State of T: lngana, Hyderabad.
45. A.P. Social Welfare Residential Educational lnstitution; liociety, Hyderabad,
rep. by its Secretary.
46.Andhra Pradesh Education & Wetfare lnfrastructure, D€ /,)lopment
Corporation, Hyderabad, rep. by its Managing Director
4T.Telangana Scheduled Castes Coop, Development Corp
-td,,
Hyderabad,
rep. by its Vice Chairman and Managing Director
48. Deputy Collector & Tahsildar, Serilingampalli Mandal, rl
rnga Reddy District
49.Sri G. Janardhan Reddy, 9o G. Yella Reddy, aged mar-, H. No.2-311E212,
Shivajinagar Colony, Taranagar, Sherilingampally, Hyde'zrbad.
50. The Revenue Divisional Oflicer, Chevella Now Rajendrz ragar, R.R. District.
R10 is impleaded as per C.O. dt. 231312022 in l.A. No 2112022.
...RESPONDE I TS/RESPONDENTS
Petition under Section 1.5'l CPC praying that in the c r :umstances stated in
the affidavit filed in support of the petition, the Hrgh Cor r may be pleased to
vacate the interim order dated 20.03.2015 in WPMP No;587 of 2015 in WP
No.5696 ol 2O15.
l.A. NO: 2 OF 201sftlruMP. NO: 3370 OF 20151
Between:
1 . District Collector, Ranga Reddy District at Hyderabad.,
2. Telangana Schedubd Castes Coop. Development CorE. -td,, Hyderabad,
rep. by its Vice Chairman and Managing Director
AND
1
...PETITION E T S/RESPONDENTS
M, Yadaiah, s/o Balaiah aged 56 years, Occ labourer tr 1-60, Gachibowli,
Hyderabad RR District
2. T. Jaihind, s/o Yellaiah aged 55 years, Occ labourer rlo 1-58, Gachibowli,
Hyderabad RR District
3. G. Balraj, s/o Balaiah, aged 57 years Occ labourer r/o Gachibowli, Hyderabad
RR District
4. G. Arjun, s/o Late G. Balaiah aged 37 years, Occ labourer rlo 1-28,
Gachibowli, Hyderabad RR District
5. M. Laxman, Vo Hemia aged 68 years Occ labourer rlo 1-6015, Gachibowli,
Hyderabad RR District
6. J. Shiva, s/o J. Laxman aged 24 years Occ labourer rlo 1'6O17. Gachibowli,
Hyderabad RR District
7. M. Ravi, s/o M. Shankar Late aged 48 years Occ labourer rlo 1-1612,
Gachibowli, Hyderabad RR District
8. M. Ravi Naik, s/o Late M. Shanker aged 27 years Occ labourer tlo 2-57,
Gachibowli, Hyderabad RR District
9. M. Manikyam, s/o Hernia aged 65 years Occ labourer r/o Gachibowli,
Hyderabad RR District
.1O.M. Beemla, S/o Late M. Hanumanth, aged 51 years Occ labourer tlo 2-57,
Gachibowli, Hyderabad RR District
1 1-C.K. Mani, s/o C. Kondra aged 65 years Occ labourer rlo 1'2611 , Gachibowli,
Hyderabad RR District
12.G. Praveen, s/o late G. Ashok aged 18 years, Occ labourer rlo 1-4811,
Gachibowli, Hyderabad RR District
13.G. Sathynarayana, s/o late G. Balaiah aged 30 years Occ labourer ilo 1-28,
Gachibowli, Hyderabad RR District
14.G. Yadaiah, s,/o Maisaiah aged 58 years Occ labourer rlo 1-4OlA, Gachibowli,
Hyderabad RR District
'15- G. Krishna, s/o Mysaiah aged 62 years, Occ labourer r/o Gachibowli,
Hyderabad RR District
16.G. Pochaiah, s/o Nagaiah aged 66 years Occ labourer rlo 1-31, Gachibowli,
Hyderabad RR District
1 7. D. Janardhan, s;/o aged 37 years Occ labourer rlo 1-58, Gachibowli,
Hyderabad RR District
'l
B. G. Baghiah, s/o Mysaiah aged 62 years Occ labourer r/o Gachibowli,
Hyderabad RR District
'19.Y. Narasimha, s/o Pochaiah aged 61 years Occ labourer rlo 1-78, Gachibowli,
Hyderabad RR District
20. D. Gandaiah, s/o Babaiah aged 55 years Occ labourer r/o Gachibowli,
Hyderabad RR District
21 . G. Darshan, S/o late G. Shankaraiah aged 28 years, Occ labourer r/o
Kondapur, Basheerubanda, Hyderabad RR District
22.f . Ramana Murthy, S/o Mysaiah aged 30 years Occ labourer do 1-4011.
Gachibowli, Hyderabad RR District
23. G. Nagesh, S/o late Narasimha aged 21 years Occ labourer rlo 1-28,
Gachibowli, Hyderabad RR District
24.D. Sriramlu, S/o late D. Ramaswamy aged 26 years Occ labourer r/o 1-58'
Gachibowli, HYderabad RR District
25. K. Goverdhan, S/o late K. Srinivas aged 27 years () c labourer r/o 1-60/10,
Gachibowli, Hyderabad RR District
26.G. Babu Rao, S/o late G. Narimha aged 46 years Jcc labourer rlo 1-48,
Gachibowli, Hyderabad RR District
27. D. Laxman, S/o late D. Anantaiah aged 34 years ):c labourer rlo 1-41,
Gachibowli, Hyderabad RR District
28- K. Sudhakar, S/o late K. Mallaiah aged 37 ve?rs
, ),;c labourer rto 1-82,
Gachibowli, Hyderabad RR District
29- R. Ashok @ Das, S/o late R. Mallaiah aged 62 ;
> rrs Occ labourer rio
Gachibowli, Hyderabad RR District
30. K. Krishna, S/o Durgaiah aged 55 years Occ laboure
.
rlo 1-97. Gachibowli,
Hyderabad RR District.
31 . B. Yadagiri, S/o late Raiaram aged 58 years Oc I tabourer rlo 1-60t12.
Gachibowli, Hyderabad, RR District
32.K. Danaiah, S/o Eraiah aEed 55 years Occ labourr:r rlo 1-34, Gachibowli,
Hyderabad RR District
33. D. Narasimha, s/o Babaiah aged 78 years Occ l;rl curer r/o Gachibowli,
Hyderabad RR District
34. D. Mysaiah, S/o Laxmaiah aged 73 years Occ labour e r/o 1-57, Gachibowti,
Hyderabad RR District
35.G, Swamy, S/o Ballingaiah aged 63 years Occ laboure r/o 1-20, Gachibowti,
Hyderabad RR District.
36.T. Mallesh, S/o T. Muthaiah aged 55 years Occ labou'e 'rlo
1-13, Gachibowli,
Hyderabad RR District
37. M. Sudhakar, Sio late Pentaiah aged 33 years O c labourer rlo 1-26,
Gachibowli, Hyderabad RR District.
38-Mr.M. Sanjay S/o Late M.Laxman, Aged 51 years R!r 1-6011612 Situated at
Gachibowli Srilingampally Hyderabad RR District.T.S.5i )132.
39.Mr.M.Vittl
[aVa!S/o
1_ate Manikyam, Aged 59 years !o 2-33 tndira Nagar
Near bank Opp.Gachibowli Srilingampally Hyderabad tt I District T.S.500052
40,Smt.D.Shanthamma Wo Late D. Gandaiah, Aged 53 years Rl/o 1-Sil17tB
Raje_ev Nagar_N_ear
Egcgamma
Temple Gachibowli Srli rllampally Hyderabad
RR District.T.S.500032.
41.Smt. Thotla Santosha Wo Late Sri Rama Murfhy @ Ra ran Murthy, Aged 55
ygars Occ. House Wife_Gqchibowli OId Village
-Ga ; i,rowti Sritinga-mpalty
Hydenabad RR District.T.S. 500Gt2.
Petitioner Nos.38,39,40, and 41 brought on re; rr.d
deceased Petitioner Nos. P5, Pg,and P2O P22 :;
2510312021 in 1A No.1 ,2,3 and 4 ol 2O21.
as Lrs of the
per the C-o dt
... RESPONI) :r{TS/PETITIONERS
42. State of Telangana,, rep. by its Principal Secretary, Rere r.le Department
Secretanat, Hyderabad.
43. Commissioner,, Social Welfare Department State of Tela rr;ana, Hyderabad.
44.A.P. Social Welfare Residential Educational lnstitutions : ()ciety, Hyderabad,
rep. by its Secretary.
45. Telangana Social Welfare Residential Educational, lnstitutions Society.
Hyderabad, rep. by its Secretary-
46.Andhra Pradesh Education & Welfare lnfrastructure, Development
Corporatir:n, Hyderabad, rep. by its Managing Direclor-
47. Deputy Collector & Tahsildar, Serilingampalli Mandal, Ranga Reddy District
48.Sri G. Janardhan Reddy, s/o G. Yella Reddy, aged major, H, No.2-311E212,
Shivajinagar Colony, Taranagar, Sherilingampally, Hyderabad.
...RESPONDENTS/RES PONDENTS
Petition undei Section 151 CPC praying that in the circumstances stated in
the affkJavit filed in support of the petition, the High Court may be pleased to
vacate the order dt. 2O-3-2O15 passed in WPMP.NOS. 75A7 & 7588/2015 in
WP.NO.5696/2015 in the interest of justice.
Counsel for the Petitioner : SRI S.MANU
Counsel for the Respondent No.1,3,4,6&8 : THE ADVOCATE GENERAL
Counsel for the Respondents No.2&7 : SRI M.SUDHIR
Counsel for the Respondent No.S : SRI N-BHUPAL REDDY, SC FOR TSWREIS
Counsel for the Respondent No.9 : --
Counsel for the Respondent No.lO : GP FOR REVENUE
The Court made the following: ORDER
HIGH COURT FIOR THE STATE OF TT' ,ANGANA
HON'BLE SRI JUSTICE NAMAVARAP'U RA,J E.,SIIWAR RAO
Dated this the 166 day of March :2O26
WRIT PETITION No.5696 of 1l )15
Between:
M. Yadaiah and 40 others Petitioners
AND
The State of Telangana, represented by its Pr.r t:ipal Secretary,
Revenue Departrnent, Hyderabad and 9 otiers
.. Respondents
ORDER
This utril petition has been frled to declare:
(1) TIE Order in Proceeding No.tC1/43?( /20j3,
dated
12. 1 1 .2013 issued bg the 7d respondent and_ al ; , ansequential
proceedings No.BD/ 3542/ SCSP/ 20 11, dated 1(. 1!.2013 bsued
bA the 4Ih resporu)ent and the letter No.D-l, :;E/A?EWIDC,
Hgd;/ Comp-Gach.ibotoli/ Hyd/ 2013, dated O3.03. ) ) t4 and oLso
(2) 'I'he Hrgh handed action of the respondents it erfering with
the possessrr:n oI the petitioners of their respe,c nz patto land.s
for uthich the petitioners haue paid. SUk of the lan c r nlue as frxed.
bg the Gouemm.ent and also
(3) The action of the 7d, reslnn-denl in not retumlr,7 their originl
respectiue Wttn ertifmte, whirh uere pledgec uhile receiuing
loans, euen ajter clearing the loan anlounts o: bemg illegal-
Consequently, set osid.e tle aboue proeedings t directing ttrc
7n respond.ent to return the Wtta ertifiates ) ' directing tLrc
offtcial respondents not to interfere uith the poss z;sion ol their
respectiue plots situated in Gachiboutli Viltage, I eritingampally
Mandal, R. R. Distn-ct and not ,o dsposses-s i 1e petitioners
utithout lollouing due proess of laut,
7
(4) Direcr the 2'd respondent to inplenBnt the scheflE bA
proui.ding / returning the pattadar certifuntes dt:OS'O3 1982 to
lhe petitioners and direct the resporulent No.6 [or toking
approprinte action, as the Tahsildar/ respndent No'8 is tLre
appropriate authoritg under Sections 6 & 7 of Acl, 9 of 2020'
(5) The Resuntption Proceedings No.D/ 1654/86' dated
25.06.1986 issued bg tle RDO' CleuelLt, R R' D6'ncr, inctuding
ponclanama protnedings No.B/536/2O13 doted 16'1 1 2013
issued bg tE respondent No.8, are null and uoid'
(6) Directing respondent No.2 & RIX), Cheuella Diuision, nortt
Rajendranagar Diuision, R R. DtsrricLo t:ssue Jinal Wtta
certiftcates in fawur oJ petttioners or tleir legal heirs, on deposit
of ttrc batancc 50%o of ttrc sdle @nsideration, alreadg decided at
the time of bsuance of patta certifletes in the gear 1982, in
resped of the subiect plots of land' bg the petitioners or their
legal lneirs/ agents, and pass such othcr order or orders os mtg
deem frt ond propq in the ciranstones of the (nse'
2. Heard Sri Manu, learned counsel for the petitioners, Sri
M. Sudhir, learned counsel appearing for the respondent Nos'2
arrd 7, Sri N. Bhupal Reddy, learned Standing Counsel
appea-ring for TSWREI Society/respondent No'5, arrd learned
Advocate General, appearing for respondent Nos'1, 3, 4, 6 and
8. Perused the record.
3. Brief facts of the case are as follows:
(i) AII the petitioners belong to SC and ST
communities, and they all come under the below povert5r line'
While so, in accordalce with the policy of the erstwhile
3
Government of Andhra Pradesh, all the petiti
issued patta certificates to an extent (
admeasuring 242 sq. yards each in Sy.No. 13
under Kothaguda Gram Panchayat, R.R. I
Serilingampally Mandal) on payment of half.of
land Frxed by the Government and layout wa
the Revenue Divisiona,l Offrcer, Chevella Divisi
in the year 1982. The total land allotted to r I
way of issuance of patta certificates comes to r\
(ii) Initially, the said layout was
sarctioned for the construction of a shed to rt
by the petitioners. All the petitioners obtzj
Calara Bank, Feelkhana Branch, Hyderabad, t
SC and ST Financial Corporation, for the const
for running poultry farms, and each petitione r
loan of Rs. 18,6OO-OO in the year 1982. Tht:
executed simple mortgage deeds in favour of rl
pledging their properties, and ttre loan instrr
paid from six months after the induction of rl
day old chicks, in equal instaiments i.e. Rs.3 L
with interest.
rrrers have been
f vacant land
5 of Gachibowli
istrict (now in
the value of the
; sanctioned by
>:r, R.R. District
r: petitioners by
:,O3.38 Guntas.
prepared arrd
rL poultry farms
red loans from
rrough the then
r-rction of streds
rvas sanctioned
petitioners had
e said Bank by
rnents were be
r: frrst batch of
)-OO per month
4
(iii) All the petitioners constructed sheds, and poultries
were established and produced poultry products and the same
were taken by the Bank, SC a.nd ST Corporation, and they
promised to adjust the cost of the same against tJ.e loans etc.,
Subsequently, as per the guidelines of tJ:re tna respondent, the
petitioners were issued house patta certihcates in lieu of the
poultry sheds they had surrendered to tl.e Government. Thus,
the petitioners hold the house site patta certificates in their
favour, which are still subsisting, and the patta lands are in
their uninterrupted possession-
(i") When the petitioners' patta cerLifrcates are
subsisting and petitioners are in possession of their respective
patta lands, some persons/labourers claiming to have been
sent by the unofficial respondent for construction of compound
wall by evicting the petitioners, carne to their property on
24.02.2015 at about 11 a.m. along with some persons who are
claiming to be ttre subordinates of offrcial Respondents. When
the petitioners resisted their illegal activity and informed them
that we are holding valid patta certilicates issued by the
Government and that we cannot be dispossessed without
fotlowing due process of law. Then, the subordinates informed
5
us that they have proceedings to evict tlt: petitioners or
interfere with their possession.
(") The 2nd respondent issued p.', <:eedings dated
l2.Il.20l3 allotting petitioners' Iand in f a z:ur of the 3.a
respondent for the construction of Teachers ( :.pacity Building
Centre and new APSWR Social complex Lr-rd it is these
proceedings that are being impugned in k'e instant writ
petition as being illegal, arbitrary and unconst tutional.
4. l,earned counsel for the petitioners ; r bmits that the
issuance of the proceedings dated 12.L1.2a 13 came to the
petitioners' notice when the respondents trie J r o interfere with
the petitioners' possession over their propertie ; on 24.O2.2015.
Based on the said proceedings, the 4tt' r:;pondent issued
proceedings dated lO. 12.2013 sanctioning r sum of Rs.7O
lakhs for the construction of a compound wa[ .br the land and
requested the 6ft respondent to obtain techr i:al sanction for
the construction of the said buildings.
5. [.earned counsel for the petitioners furt rer submits that
subsequently, the Superintending Engir r e r of the 6tn
respondent issued a letter dated 03.03. i : 14 to the 9n
respondent asking him to submit certain c.ocuments, and
6
allotted the work of construction of the compound wall in the
petitioners' Iand. In this matter, the petitioners are sought to
be dispossessed of their vacant patta lands for which they have
paid half the value of the land as hxed by the Government in
1982 itselL
6. Learned counsel for'the petitioners further submits that,
taking undue advantage of the petitioners' illiteracy, poverty,
and their status as members of oppressed and disadvantaged
communities, the respondents acted in a high-handed manner
and in complete violation of the principles of natural justice.
Despite the the pelitioners' pattas being in existence and the
Government having already collected 5Oo/o of the land va1ue, the
respondents have sought to deprive the petitioners of their
land, which has been in their continuous possession and
occupation since 1982. By virtue of the impugrted proceedings
of the 2"d respondent and the consequential actions initiated
by the other official respondents, the petitioners are being
unlawfully sought to be dispossessed of their lands without
adherence to the due process of law. Accordingly, prayed to
allow the Writ Petition.
7 . Learned counsel for t1le respondents No.2 and 7 filed a
counter afiidavit by contending that t.l e loan from the
7
Commercial Banks was initially utilize < towards the
construction of the shed for 500 birds, and the ltalance amount
was utilized towards working capital, along .r'ith the Margin
Money and Subsidy given by the Scheduled )astes Society &
DRDA. As commercial banks insisted on r;, ourity from the
beneFrciaqr, a decision was taken to issue par.l ls to the Poultry
Complex benehciaries as to enable them to rt ).tgage this land
to obtain a bank loan for working capital ar rl infrastructure
development. In other words, in the instant ( €.se, pattas were
issued only to facilitate the beneficiaries i r obtaining bank
Ioans to run the Poultry Complexes sanctionec -o them and eke
out their livelihood.
8. [,earned counsel for the respondents Nr .2 and 7 further
contended that the construction of the uni l was started on
L3.O4.19a2 with 38 units. The Canara I zrnk, Feelkhana
Branch, is the Frnancing Bank of the G: :hibowli Poultry
Complex. However, because poultry is z highly skilled
business, the Scheduled caste beneficiaries :culd not run it
effectively and aII the units became defunct rjthin one or two
years. The benehciaries ran the P oultry C< r tplex for 3 to 4
years, after which it became sick. The
p1,r
.J tr5l Complex is
vacant since, 1986. The beneficiaries could r:t clear the loan
E
arnounts to the bank or repay the Margin money to the Ranga
Reddy District Scheduled Castes Service Cooperative Society
Ltd., Ranga Reddy District. No beneirciary repaid the loan
taken from the Commercial Banks.
9. [,earned counsel for the respondents No.2 and 7 further
contended that at this juncture, the District Collector/
Chairman, Ranga Reddy District Scheduled Castes Service
Cooperative Society Ltd., after having a discussion with the
concerned Banker, has decided to reimburse the cost of the
shed and 5Oo/o interest on the loan amount to the bankers. The
Vice Chairman and Managing Director of AP. Scheduled Castes
Service Cooperative Finance Corporation Limited, Hyderabad
(APSCCFC Ltd., Hyderabad) has released an amount of
Rs. 102.O0 l,akhs to the Ralga Reddy District Scheduled Castes
Service Cooperative Societ5r Ltd., for repayment of Bank l,oans
for 461 sheds in the District vide Proc. No. D2/6847IAPSC/85
dated 30.11.1985, subject to the condition that 461 Poultry
Sheds along with land should be registered in the name of
Andhra Pradesh Scheduted Castes Service Cooperative Finance
Corporation Limited, Hyderabad (in short APSCCFC Ltd.,
Hyderabad). Accordingly, the loan dues repaid by the District
Society, Ranga Reddy, on behalf of APSCCFC Ltd., were paid
9
from the funds released by the Corporatiolr Ultimately, the
said Poultry Sheds have become the property rl the District SC
Service Cooperative Socielr Ltd., Ranga Red,l . District, as the
dues were paid by APSCCFC Ltd.
10. [-earned counsel for the respondents Nr .2 and 7 further
contended that the APSCCFC Ltd., vide procdgs.
No.D2/6aa7 /APSC/85, da.ted 3O.11.1985 : sued categorical
orders for payment of Bank loan that was <1,r,: to commercial
banks in Ranga Reddy District from the (SCl ) Special Central
Assistance funds with the following condition s
a) The Collector/Chairman should u t Lze the amount
within 15 days and send Utilization r ),:rtrFrcate in the
proforma prescribed,
b) The 461 Poultry Sheds in Ranga Re< < 1, District should
be registered in the name of A.P i:heduled Castes
Cooperative Finance Corporation Lirr i:ed, Hyderabad
(APSCCFC Ltd.) after paying the dues c wards the shed
cost to banks and clear docurrrents shor lC be maintained
including title to the lard.
c) The liabilities toward s the shed cost ; rculd be properly
reconciled and estimated accurately r'1 the Accounts
Section of the Ranga Reddy District [ <:heduled Castes
Service Cooperative Society and then ,r rV the payments
should be made to the Banks.
d) A reasonable/suitable rent shoulrl x: collected from
the beneficiaries in easy instalments, q I ich is convenient
to the beneficiaries.
e) Proper/ Necessary documentation r ith the Banks
should be done while repayment.
10
11. lrarned counsel for the respondents No.2 and 7 further
contended that the District Collector's vide lctter
No.C/ 1382/SC/RR/86, dated 2r.O4.19a6, ordered for
resumption of land of various Poultry Complexes in Ranga
Reddy District to the District Scheduled Castes Service Society,
Ranga Reddy District. In his Proceedings No.D/ 1654/86, dated
25.06.1986, the revenue Divisional offrcer, Chevella, resumed
the lands and re-allotted to the District Society, Ranga Reddy,
including the land mentioned in the writ petition at Gachibowli
by the petitioners. The District SC Society, Ranga Reddy is in
absolute possession of land as per the above orders. Since
then, tJle poulry complex in Gachibowli, has been in the
effective possession of respondents 2 ald 4.
12. Learned counsel for the respondents No.2 and 7 further
contended that as the beneficiaries became willful defaulter
and absconded from the site of the Poultry Complex for about
4-5 years, the RR District SC Society repaid bank loan portion
of all tlre (38) beneFrciaries amounting to Rs.7 ,51,298 / -
through cheque No. 054156, dated 06.07.1987 to Canara
Bank, Feelkhana Branch, Hyderabad. The entire property was
hypothecated to the R.R. District SC Society by the
beneliciaries through mortgage deeds.
11
13. learned counsel for the respondents N:1] and 7 further
contended that the pattas granted in the vr zr 1982 by the
Revenue Divisional OfIicer, Chevella Division, I .R.District, were
only for the purpose of availrnent of Ba-r < Loan for the
construction of Poultry Sheds. The Gachibow.li ['oultry Complex
Sheds (38) were allotted to (38) SC benehc .; r ies in the year
1982, but the beneficiaries failed to contin: I their business
and became defaulters to the Bank as we[ as I I the SC Society,
Ranga Reddy District and the dues of the Brr r<s were paid by
this Societ5z, and the said propert5z becam e the SC Society
property. As such, the (38) SC beneficiaries a :: to resume the
Poultry Business at this stage.
Iz+. Learned counsel for the respondents Nr .2 and 7 further
contended that the claim of the petitione r s that they are
absolute owners of the Poultry Sheds of Por lry Complex, as
the Revenue Divisional Offrcer, Chevella, gar : them pattas, is
devoid of merit since the entire amounts wer: paid by the SC
Socie{ and became the propertlr holder . The Revenue
Divisional Officer, Chevella Division, nev,: consulted this
Society on the granting of pattas. The be r e ficiaries neither
occupied the sheds after they became defar lter to the Bank
and this Society, nor continued the Poultry bt siness thereafter,
t2
ttrereby defeating the purpose of the Government's Self
Employment provision as such the clairn may not be
admissible. The ownership of tJle land of the Poultry Complex
is vested with this Society. Accordingly, prayed to dismiss the
above Writ Petition
15. lrarned counsel for the respondent No.S f-rled counter
affidavit by reiterating the contents of the counter allidavit frled
by the respondents No.2 and 7, contended that tl e Principal
Secretary, Social Welfare Depa-rtment is requested the District
Collector/Chairmal, Ranga Reddy District, to take immediate
necessary steps to resurne the land of Ac.4.1O guntas of
Gachibowli Poultry Complex and re-allot/alienate to the
Commissioner of Social Welfare/ Secretary, APSWREIS,
F.{yderabad for construction of Teachers capacity Building
Center and a new APSWR School Complex under SC Sub-Plan.
The District Collector, Ranga Reddy District, based on the
Government Memo No.658 lRS.2 /2OO3-1, dated 22.06.2013,
has handed over the Gachibowli Poultry Complex land for ttre
construction of the Teachers' Capacity Building Centre and
new APSWR School Complex as per the Panchanama
No:B/536/2013, dated 16.11.2O13 of the Revenue Inspector,
Serilingampally Mandal.
13
16. l,earned counsel lor the responderr No.5 further
contended that on 16.1 1.2013, the said lanc was allotted to
this 5h respondent through Pannchanan r . and this sth
respondent immediately leveled the land fo r :onstruction of
Teachers Capacity Building and a new
.A . ).Social
Welfare
Residential School in the said land. Thi,; 5d respondent
approved the proposed estimated cost of Rs.i 1.00 Crores and
out of this, an admhistrative sanction r ., r; accorded for
Rs.7O.00 lakhs for the construction of thr t)e6p611nd wall
through Procgs. Rc.No.BD/3542lSCSF l2oll, dated
l0.l2.2ol3 and the said work is a-lmost cor-r :leted except for
the erecLion o[ the main gate only. The c<
1 ies of the Patta
certficates firled by ttre Writ petitioners are r c,t related to the
said land and they were never engaged in thr: trroultr5r business
after 1986. There are no poultry sheds or horLr (:s except for two
dilapidated sheds used by the securify 1;uards of this
respondent Society. Accordingly, prayed to lismiss the Writ
Pe tition.
FINDINGS OF THE COURT:
17. The contention of the petitioners is thal hey belong to SC
and ST communities, and they all come rnder the below
poverty [ine. While so, in accordance with he policy of the
t4
erstwhile Government of Andhra Pradesh, all the petitioners
have been issued patta certificates to an extent of vacant land
admeasuring 242 sq.yards each in Sy. No. 136 of Gachibowli
under Kothaguda Gram Panchayat, R.R. District (now in
Serilingampally Mandal) on payment of half of the value of ttre
land fixed by the Government and layout was sanctioned by
the Revenue Divisional Offrcer, Chevella Division' R.R. District
in the year 1982. All the petitioners obtained loans from
Canara Bank, Feelkhana Branch, Hyderabad, through the then
SC and ST Financial Corporation, for the construction of sheds
for running poultry farms, and each petitioner was sanctioned
a loan of Rs.18,6OO-00 in the year 1982. The loan instalments
should be paid starting from six months after induction of the
Frst batch of day old chicks in equal instalments i-e. Rs.31O-00
per month with interest.
18. Subsequently, as per the guidelines of the 2"d
respondent, the petitioners had been issued house patta
certifrcates in lieu of the poultry sheds surrendered by them to
the Government. Thus, the petilioners have been holding the
house site patta certificates to date, and the patta lands are in
their unintermpted possession. While so, the RDO, Chevella,
R.R. District, issued resumption proceedings No.D/ 1654/46'
15
dated 25.O6. 1986. By virtue of the impugrI e 1 proceedings of
the 2"a respondent and the consequential ar: itns initiated by
the other official respondents, the petitr< rrers are being
unlawfully sought to be dispossessed of the r:. lands without
adherence to the due process of [aw.
19. The contention of the respondents i:; _hat the pattas
granted in the year L982 by the Revenue I ivisional Officer,
Chevella Division, R. R. District, were only lc r the purpose of
availment of Bank Loarl for the construction r[ Poultrv Sheds.
The Gachibowli Poultry
.Complex Sheds ii8) i.e. 32 for
Scheduled Caste people and 06 for Sched t t:d Tribe people
were allotted to (38) SC beneficiaries in the., itl 1982, but the
beneficiaries failed to continue their busi r :ss and becarne
defaulters to the Bank as well as to the ti ) Societlr, Ranga
Reddy District and the dues of the Banks /,rre paid by this
Society, and the said property became the Srl tlocietJr property.
As such, not allowed the (38) SC beneficiiui :s to resume tJle
Poultry Business at that stage. The Princip; r Secretary, Social
Welfare Depa,rtment, requested the District
Colleetor/Chairman, Ranga Reddy District, t I take immediate
necessary steps to resume the land of :.4.10 gtntas of
Gachibowli Poultry Complex and re-allot
/
alienate to the
16
Commissioner of Social Welfare/Secretary, APSWREIS,
Hyderabad, for the construction of Teachers Capacity Building
Centre and a new APSWR School Complex under SC Sub-Plan-
The District Collector, Ranga Reddy District, based on the
Government Memo No.658|RS.2/2OO3- l, dated 22.06.2013,
has handed over the Gachibowli Poultry Complex land for the
construction of the Teachers' Capaciry Building Centre and
new APSWR School Complex as per the Panchanama
No:B/536/2013, dated 16.11.2O13 of the Revenue Inspector,
Serilingampally Mandal.
20. [t is not in dispute that all the petitioners have been
issued patta certificates to an extent of vacant land
admeasuring 242 sq. ya-rds each in Sy.No. 136 of Gachibowli
under Kothaguda Gram Panchayat, R.R. District (now in
Serilingampally Mandal) on payrnent of half of the value of the
land fxed by the Government and layout was sanctioned by
the Revenue Divisional Ofhcer, Chevelia Division, R.R. District
in the year 1982. While issuing orders for allofment of patta
Iands to the benehciaries, certain conditions were stipulated
vide Lr.No.B/4/336/82, dated 05.03.1982, and below the
signature of the Revenue Divisional Offrcer, Chevella Division,
of the said order, it is mentioned in detail that the persons who
L7
pay the total decided amount of the land, ther rnmediately, the
final patta certificate will be given to them.
-he
respondents
did not bring to the notice of this Court th: - the petitioners
have violated any of the conditions mentione,i in the allotment
of patta land s.
2I. As per the contention of the learnei <:ounsel for the
petitioners, resumpLion proceedings were issued without
following the due process of law i.e. without s suing any notice
to the petitioners and thc petitioners have t,een continuing
their possession in their respective houses an( :rre ready to pay
half of the balance amount decided while ir l()tting the patta
lands and clear all their debts due to the barr : for getting the
hnal patta certificate. At the time of admiss;: rn, after hearing
both sides, this Court granted Status Quo or 2O.O3.2O15 and
the petitioners have continued to possess ov e : their respective
houses to date.
22. The contention of the responden t ; is that the
construction of the units was started on lli t)4. 1982 with 38
units. The Canara Ba-nk, Feelkhana Brancl L is the hnancing
Bank of the Gachibowli Poultry Complex. I owever, because
Poultry is a highly skilled business, the lcheduled Caste
beneficiaries could not run the units effec - ,.,ely, and all the
18
units became defunct within one or two yezrs. The
benehciaries ran the Poultry Complex for 3 to 4 years, after
which it became sick. The Poultry Complex has been vacalt
since 1986. The beneficiaries could not clear the loal amounts
to the bank or repay the Margin money to the Ralga Reddy
District Scheduled Castes Service CooperaLive Society Ltd.,
Ranga Reddy District. No benehciaqr repaid the loan taken
from the Commercial Banks. At this juncture, the District
Collector/ Chairman, Ranga Reddy District Scheduled Castes
Service Cooperative Society Ltd., after discussion with the
concerned Banker, has decided to reimburse the cost of the
shed and 5O7o interest on the loan amounts to the banker. The
Vice Chairman and Managing Director of AP. Scheduled Castes
Service Cooperative Finance Corporation Limited, Hyderabad
(APSCCFC Ltd., Hyderabad) has released an amount of
Rs. 102.O0 t"akhs to the Ranga Reddy District Scheduled Castes
Service Cooperative Sociely Ltd., for repayment of Bank Loans
for 461 sheds in the District vide Proc. No. D2 /6847 /APSC/8S
dated 30. 11.1985, subject to the condition that 461 Poultry
Sheds along with land should be registered in the name of
Andhra Pradesh Scheduled Castes Service Cooperative Finance
Corporation Limited, Hyderabad (in short APSCCFC Ltd.,
19
Hyderabad). Accordingly, the loan dues repai, by the District
Society, Ranga Reddy, on behalf of APSCCF,- Ltd., were paid
from the funds released by the Corporation l'his fact is not
disputed by the learned counsel for the petitior e rs.
23. Learned counsel for the petitioners soua rt a direction to
the respondents for the issuance of hnal pat e. certificates as
the petitioners are ready to pay half of the bzrlr r,ce €unount and
clear the loal amounts due to the Bank, whir I were avaitsc[ 6y
them. At this juncture, the point for conside: r,_ion is, rvhether
the half o[ the balance amount to be paid as ter the present
market value or as per the market value prt:r.t iting in the year
1982. To overcome this, the learned counsel i r the petitioners
has relied upon the order of this Court in i,.P.No. 18207 of
20 1 1, dated 07 .Oa.2Ol2, wherein at para No 1
z
, ir is observed
as under:
'24. The writ petition is acardingly aLlowed, ,t
dated 2O.5.2O11, passed bg tte 2"d responden,.,
dtected pagnwnt of mnrket ualue, ot th-e preu,t
set asid.e. The 3 respondent shnll uerify the rect
found that tlle market ualue as on the dab of th,.
by him, Le. 18.6.1994, is auaiktble, he shall co r
sanrc to the Wtitioners for deposit of the same.
'l
hand, tte reard is silent, he stall determine u'
uittt referene to that date, uithin a period oJ .;t
inlonn the petitioners. The petitioners shatl
.t
deposit the market ualue so communidTted to tt
.(l thP. order,
insofar os it
'itg rates, b
c'., ard if it is
t'der possed
TLuruutte the
'tn the other
r orket uolue
: ueeks ond
' entitled to
?,n- uithin a
period of 8 uEeks from the d.ate of receiuing the information, in
uiling."
[,earned counsel for the petitioners further informed that
no appeal has been preferred against the above mentioned
order and the said order has attained hnality. The said
submission is not drsputed by the learned counsel for the
respondents.
24. For the foregoing reasons, the Order in Proceeding
No.LC1l437Ol2O13, dated l2.ll.2Ol3, issued by the 2"d
respondent, consequential proceedings No. BD I 3542 / SCSP
I 2oll, dated 1O.12.2013 issued by the 4th respondent, letter
No. D2lSE/APEWIDC-Hyd/Comp-Gachibo wli/ Hyd. / 2013, dated
O3.O3.2014 issued by the Superintending Engineer, APEWIDC,
Hyderabad, and the Resumption Proceedings No.D/ 165a/86,
dated 25.06.1986 issued by the RDO, Chevella, R.R. District,
including panchanama proceedings No.B/536/2013 dated
16.11.2013 issued by the respondent No.8 are set aside. The
petitioners are directed to deposit the balance 5Oo/" of the sale
consideration prevailing the market value as on the date of
issuing the orders for allotment of patta lands, dated
05.03.1982, apart from clearing the bank loans in respect of
their shares within a period of (02) two montfrs from the date of'
receipt of the copy of this order. In respect of such payments,
the respondent authorities are directed to iss ,,r : final pattas to
the petitioners.
25. With the above directions, the Writ petiti: I is disposed of.
There shall be no order as to costs.
As a sequel, miscellaneous applications :ending, if any,
in this Writ Petition, shall stand closed.
27
//TRUE COPY// I
SD/-MOHD.ISMAIL
l'f'ul'-::1y:=/
\secnoru
oFFrcER
To,
1
2
The Principal Secretarv. Revenue Depa(ment Secr:.triat, Telangana State,
Hyderabad.
The District Collector, Ranga Reddy District at Hyder : r,rd., -
3. The Commissioner,, Social
Hyderabad.
4. The Secretary, A.p. Social
Society, Hyderabad.
Welfare Departmen State ol Telangana,
Welfare Residential I clucational lnstitutions,
5. The Secretary Telanoana Social Welfare Residentia :ducational, lnstitutions
Society, Hyd6rabad.
"
6' The Manaoinq Director Andhra pradesh
Education 3
'y'y'erfare
rnfrastructure.
Development Corporation, nVOeraOiO.
-
7. The Vice Chairman and Managing D.irector, Telan; tra Scheduled Castes
Coop. Development Corp. ltA,, tiyO-eraUaO.
t.
Ilin8"rrry
Coflecror & Tahsildar, Seritingampali /andat. Ranga Reddy
9' The Revenue Divisionar officer, chevera Now Rajenrr anagar, R R. District.
10.OneCC to SRt S.MANU, Advocare.
tOpUCl
CCs to TF|E ADVOCATE
ngana at Hyderabad.
[OUT]
GENERAL, High (.ourt for the State of
'l2.One
CC to SRt M.SUDH|R, Advocate.
tOpUCl
13. One CC to SRt S.BHUPAL REDDY, SC for Te : rgana Social Wetfare
Res id entia I Ed uca tiona I, tn stitution i Soie-tvl
lO? uc
t
'l4.Two
CCs to Gp FOR REVENUE, High Cou( for thr ljtate of Telangana atHyderabad.
[OUTI
15. Tvro CD Copies.
wo
e{a
T
T
11
M
BSK
HIGH COURT
DATED:1610312026
a/-.- \
w,/
)
o
O
26
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Y
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,a
c\
E
{(r
ORDER
WP.No.5696 of 2015
DISPOSING OF THE WRIT PETITION
WITHOUT COSTS
I
N
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1
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Legal Notes
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