✦ High Court of India · 06 Jan 2025

The High Court · 2025

Case Details High Court of India · 06 Jan 2025
Court
High Court of India
Decided
06 Jan 2025
Length
1,332 words

Judgment

1. 2 J.

8. The State of Telangana, Rep. by its Principle Secretary Revenue Department, Secretariat, Hyderabad. The Tahsildar cum Joint sub- Registrar, Kubeer Mandal, Nirmal District. The Revenue Divisional Officer, Nirmal Mandal, Nirmal District. The District Collector, Nirmal District.

Smt. Alike Lakshmi Bai, Wo Late Bhojanna, Aged 69 years, Occ Housewife, R/o H. No. 4- 54, Kubeer (V) and (M), Nirmal Diskict. Alike Linganna, S/o Late Bhojanna, Aged 54 years, Occ Agriculture, R/o H. No. 4- 54, Kubeer (V) and (M), Nirmal District. Alike Gangadhar, S/o Late Bhojanna, Aged 48 years, Occ Agriculture, Rl/o H. No. 4- 54, Kubeer (V) and (M), Nirmal District. Alike Babu, S/o Late Bhojanna, Aged 46 years, Occ Agriculture, R/o H. No. 4- 54, Kubeer (V) and (M), Nirmal District. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondent No. 1 to 4 authorities in issuing Pattedar Passbooks bearing Nos. T14070181486 and T14070181484 in favour of the respondents No. 7 and 8 respectively by mutating their names in Dharani Portal with respect to land extending Ac. 03. 00Gts in SY No. 284161 and ri:a land extending Ac. 03. 00Gts in sy No.28416 respectively, sitauted at Kubeer (v) and (lv), Nirmal district, deriberatery knowing about the pendency of wp No. 2853112018 before the Honble High court of relangana filed by the petitioner and regularly issuing Raithu Bandhu amounts to all the respondents No. 5 to g inspite of the representation of the petitioner dated 21 . 06. 2023 and further inspite of intimating about the pendency of civil suit for partition vide os No. 5/2023 before the Honble senior civil Judge, Nirmal court with respect to the total extent of Ac. 12. 03Gts of Kubeer (V) and (M), Nirmal district as illegal, arbitrary and violation of the rights guaranteed by the constitution of lndia and consequenily direct the respondent- authorities to immeidately act upon the letter issued by the Respondent No. 2 authority vide letter No. c1222t2024 dated 12. 08.2024, issued under RTI Act to the petitioner and accordingly suspend the pattedar passbooks of the respondents No. 7 and 8 and stall/stay the disbursement of Raithu Bandhu scheme amounts to the respondents No. 5 to g in respect of their pattedar passbook bearing Nos.'14070.18O29i, T14O701B.l4B5, Ti407018.1486 and T14070181484 till pendency of civil suit vide os No. 5/2023 on the file of Honble Senior Civil Judge, Nirmal. IANO:1OF2 025 Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to suspend the Patteda. Passbook Nos. T1407018'1486 and r14070ig1484, which were issued in favour of the respondents No- 7 and g respectivery in respect of land extending Ac. 03. 00Gts in Sy No. 284t1 and rand extending Ac. 03. 00Gts in sY No. 284l respectivery, sitauted at Kubeer (v) and (M), Nirmar district, pending disposal of the above writ petition. IANO:2OF2 025 Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the respondents No. 1 to 4 authorities to not to entertain any further alienations with respect to the pattedar passbook bearing Nos. .140701g0795, T14070181485, T14070181486 and r14o7o1}14B4 of respondents No. 5 to 8 and also direct the official respondents No. 1 to 4 to withhold the Government schemes such as Raithu Bandhu, Raithu Barosa or Raithu Bheem, in view of pendency of comprehensive civil suit vide os No. 5/2023 pending on the file of Honble senior civil Judge, Nirmal, pending disposal of the above writ petition- Counsel for the Petitioner : SRI USAKOYEELA CHANDRASHEKAR Counsel for the Respondents No.1to4 : GP FOR REVENUE Coirnsel for the Respondents No.5to8 : -- The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY IIRIT PETITION No.212 of 2025 ORDER: It is stated that the petitioner has instituted a suit urde O.S.No.5 of 2023 on the file of the Senior Civil Judge, Nirmal, seeking for prtrtition and separate possession of the land admeasuring A.c.O.22 guntas in Sy.No.245/A; Acs.2.38 guntas in Sy.No.284 and Acs.2.23 guntas in Sy.No.285/A, totaling Acs. 12.03 guntas, situated at Kubeer Village and M andal, Nirmai District It is further stated that questioning the entries made in far.our of respondent Nos.7 and 8 and conseqtrential issuance of pa tadar passbook, the petitioner was constraincd to file W.P.No.128.53 1 of 2018 before this Court. It is further stated that pending adjudication ol O.S.No.5 of 2023 instituted for partition and also W.P.No.2853 1 of 20.18, questioning the mutation of thr: names of respondent Nos.7 and 8, the present writ petition is filed. The grievance of the petitioner is that basing on the ltattadar passbook, respondent Nos.7 and 8 are receiving ther various incentivcs sanctioned by thc (iovcrnment as investment subsidies. 2 CVBR, J Wp 212 2025

2. Considered the submissions of the learned counsel for the respective parties and with their consent, this writ petition is disposed of at the admission stage. In vicw of the nature of relief sought for in this writ petitron, issuance of notice to the unofficial respondents is dispensed with.

3. This Writ Petition js filed seeking a direction to suspend/ cancellation of the pattadar passbooks issued in favour of respondent Nos.7 and 8. Disputing the pattadar passbooks issued in favour of respondent Nos.7 and 8, the petitioner has already fi1ed W.P.No.28531 of 2018 and the same is pending. lt is not the case of thc petitioner that in the said writ petition, this Court has not granted any interim order either suspending the pattadar passbooks issued in favour of respondent Nos.7 and 8 or directing the respondent authorities not to extend the beneht of incentives/ investment subsidy to respondent Nos.7 and 8. In addition, it is stated that O.S.No.S of 2023 hled by the petitioner seeking for partition of the subject land is pending on the file of the Senior Civil Judge, Nirmal. If the petitioner is aggrieved with the disbursement of any of the incentives/ investment subsidy berng sanctioned by the Government to respogdent Nos.7 and 8 or grievance with regard to granting pattadar passbooks in favour of respondent Nos.7 and 8, the J CVBR, J wp 212 2025 petrtioner is entitled to hle an application in the pending rvrit pctition or in the suit. Pending adjudication of the same, the petitioner is r-rot entitled to file another writ petition on Lh,3 same set of allegatic,ns and seek a dircction against the pers<;ns, in r.r,hose favour 1:attadar passbooks have been granted as per the provisions of the Telangana Rights in Land and paLttadar Passbooks A<'-t, 2O2O. Therefore, the present writ petition filed by the petitionr:r is misconceived and liable to be dismissed.

4. Accordingly, this Writ petition is dismissed. No costs 5 As a seqrel, the miscellaneous petitions pending, i1 any, shall stand clos;ed \ To, //TRUE COPY// SD/. T.JAYASREE ASSISTANT REGISTRAR SECTION OFFICER 'l . One CC to SRI USAKOYEELA CHANDRASHEKAR, Advocate. tOpUCl 2. Two CCs to GP FOR REVENUE, High Court for the State of Telangana louTl

3. Two CD Copies. r^ BSK PSK HIGH COURT DATED:0610112025 ORDER WP.No.212 of 2025 Sli 6I o o 03 Fi8 2W5 ( > I !!D ot-H7r: t DISMISSING THE WRIT PETITION WITHOUT COSTS ,q w i I I I j ] I : t t i I l

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