Durgam Laxmi v. Department

THE HONOURABLE SRI JUSTICE E.V.11}NUGOPAL WRIT ON Irlo.1111 0f 2(t:,22 ORDER: This Writ Petition is filed seeking to issue a writ, order or direction more particularly one in the natr re of Writ of Mandamus declaring the action of responder t No.4 in not entering the land in Suney No.310 to an extent of Ac.O-2 1 guntas situated in Polampalli Village of Bheemaram Mandal erstwhile Jaipur Mandal in the c.j 3ital passbook No.T15020080155 ol the petitioner on the groun I mentioned by respondent No.4 in his memo Lr.No.B/ti: ',/2019, dated

10.06.20 19 is iilegal, arbitrary and violative of \rticles 14, 16, 19, 2l and 300-A of the Constitution of India. r conseeuential prayer is made to direct respondent No.4 to en-, r the aJoresaid land in the aforementioned digital passbook of t re petitioner in accordance with the notice SB/AD/MN/JP/2011 ,/83956, dated lO.O7.2016 issued by respondent No.5.

2. Heard the learned counsel for the pet.1 ioner and the learned Assistant Government Pleader for Revenue for respondent Nos. 1 to 5. 'tt 2 Lr.No.SB/AD

3. t earned counsel for the petitioner appeared virtually ald submitted that the petitioner applied for regularization of the simple sale deed in respect of the land in Survey No.310 to an extent of Ac.O-2l guntas, in Survey No.3Il to an extent of Ac.O_ 19 guntas situated in polampalli Village of erstwhile respondent No.S Mandal, presently under the jurisdiction of respondent No.4 arrd the respondent No.S was pleased to issue notice uid.e /MN / Jp /2016 / 83956,dated 10.07.2016 fixing the date of hearing to be 72.02.2016 ald also was pleased to issue digital passbook No.Tl5O2OO8OiSS, dated, 24.O1.2019. In the mealwhile, the said polampalli Village was merged into respondent No.4 since the erstwhile respondent No.5 Maldal is bifurcated into respondent Nos.4 arrd 5 Mandats. It is further submitted that the respondent No.4 was asked for missing of the land in Survey No.31O to arr extent of Ac.O_21 guntas in the digital passbook. In repry, the respondent No.4 issued the reply memo vide Lr.No.B/82/2O19, dated 10.06.2OIg stating that the application of the petitioner has been received after the cutoff date i.e. 31.12.2012 and is contrar5z to the earlier notice issued by respondent No.5 dated 10.07.2016, wherein the application frled by the petitioner was within the time and the reply of respondent ,:Vo-l+ is baseless and without any application of minci. As the petitioner is holding the simple sale deed J consisting in both the Survey Nos.310 and 3 i 1 of polampalli village, ald hence the action of respondent No.,i in not entering the larld in Survey No.31O to an extent of A<: l_2 I guntas is irregular and illegal and therefore sought inrt rigence of this court to direct respondent No.4 to consider the eLl rprication made by the petitioner for not entering his land in I he said digital passbook.

4. l,earned Assista,t Goverrment pleader for r revenue praced a copy of instructions issued by respondent No 4 _ Tahsildar, Bheemaram submitting that so far as the land ir Survey No.310 is concerned, on the field enquiry, it is revr: LIed that writ petitioner is curtivating the land to an extent of r c.o-2r guntas in Survey No.31O situated at pollampaly Village rf Bheemaram Maldal and in respect of Survey No.31l, on fiel I enquiry, the writ petitioner is curtivating the rand to an. ext( nt of Ac.o-19 guntas situated at pollampally Village of Bheenr Lram Mandal. He would further submit that the writ petitioner t- as applied for sada bainama in Mee Seva uid.e No.ROSO2 1600132556, dated 07.06.2076 and the s€ule was got rejected by the tl en Tahsildar, Bheemaram. The Writ petitioner has again applied uid.e transaction ID No.TTROSO22OO3O248g3 on 29.i0.l02O and the application is still pending for u,,ant of instructi, ,ns from the 4 Government to dispose of the sada bainama application and hence it is pending and the same would be considered as and when the instructions are passed by the Government for disposing the same.

5. Recording the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue and on perusal of the material placed before this Court, since the instructions have been passed by the Tahsildar, Bheemaram Mandal stating that the physical enquiry demonstrates that the petitioner is in cultivation of the land both in Survey Nos.310 and 311 to an extent of Ac.O-21 and O-19 guntas respectively situated at Pollampally Village of Bheemaram Mandal and for regr-rlarization of sada bainama, the instructions of the Government ale pending, this Court does not see ary reason or ground to rnterfere with the proceedings, rvhich was rejected earlier and that the said proceedings attained hnality due to afflux of time arrd since a new application has been f,rled by the petitioner which is pending for consideration, this Court deems it appropriate to dispose the writ petition directing the respondent No.4 to consider the application of the petitioner submitted on 29.1O.2O2O uide transaction ID No.TTROSO22OO3O24883 without referring to ) reply memo issued by responclent No.4 uide Lr No.B/g2l2Ol9, dated 70.06.2O19 ald pass appropriate or.( ers strictly 1n accordance with law as and when sada bainamz: lpplications are taken up for consideration.

6. With the above directions, the Writ petiticr is disposed of. No order as to costs. As a sequel, miscellaneous applications l,snding in this petition, if any, shall stald closed. //TRUE COPY// SD/. U.SUDHA ASSI ;TANT B9GISTRAR secrffi'orrtcen To, Hyderabad, Telangana,

1. The Principal Secretary, Revenue Department, : lcretariat Buildings, 2. District Collector, Mancheriyal District. 3. The Revenue Divisional Officer, [/ancheriyal District. 4. TheThasildar, BhimaramManadai, [t/lancheriyal District. 5. The Thasildar, Jaipur mandal, Mancheriyal District. 6. One CC to SRl. P. LALITHA KAIMESH, Advocate [OPU( ] 7. Two CCs to GP FOR REVENUE ,High Court for the S tate of Telangana at Hyderabad [OUT]

8. Two CD Copies D BIV HIGH COURT DATED:1910812025 ORDER WP.No.1111 of 2022 I t,- .:*1+1 '.: i. €.'. . (.:'ii .r I i '" '' s""' !,' I 1r._ \. DISPOSING OF THE WRIT PETITION WITHOUT COSTS 11 0 Lt