ENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE v. BHASKAR REDDY WRIT PETITION NO
Case Details
Acts & Sections
lA NO: 1 ' 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 suspend the operation of the impugned Transaction No.2300046634 dated NtL mutating the narne of the Respondent No.S in the Dharani in respect of subject land viz., agricultural land admeasuring Ac. 1-39 gts in Sy No.1045 and Ac. j-38 gts in Sy No.1046/1 total admeasuring Ac.3-37 gts situated at Ameenpur Village and Mandal, Sangareddy District, pending disposal of the writ petition lA NO: 2 OF 2023 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 grant lnterim lnjunction restraining the respondent No.5 from alienating or creating charge over the whole or any part of the subject land viz.. agricultural land admeasuring Ac.1-39 gts in Sy No.1045 and Ac.1-38 gts in Sy No.1046/1 total admeasiring Ac.3-37 gts situated at Ameenpur Village and Mandal, Sangareddy District, while restraining the 4th respondent from entertaining any document transaction thereon, pending disposal of the writ petition WP NO: 2990 OF 2024 Between: Rakthapu \arasimha Goud, S/o Ramulu Goud Aged about 4.1 years Occ. Business R/o H.No.1-20l10, Kothaguda, Serilingampally tt4andal, Hangareddy District ...PETITIONER AND DepartmenL, Secretariat Hyderabad.
1. The State of Telangana, Represented by its Principal Secrelary Revenue 2. The Districl Collector, Sangareddy District. 3. The Revenue Divisional officer, Sbngareddy Revenue Division, Sangareddy 4. The Tahsildar, Ameenpur Mandal, Sangareddy District. 5. Narla Gurivr Reddy, Sio NP. Gurivi Reddy Ag6d 59 years Occ. Agriculture District. Rl/o G1, Plot No.285, Sai Enclave Anjaneya Nagar, Hyderabud...^lrro*rr*r, 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, one more particularly in the nature of Writ of Mandamus declaring the action of the respondent authorities vide Transaction No. 2300039170, mutating the name of Respondent No. 5 in Dharani Web Portal by unauthorizedly deleting the name of the Petitioner herein therefrom, in respect of sub.iect land viz., agricultural land total admeasuring Ac.2-10 gts comprising of Ac.1-00 gts in Sy No.1031/A and Ac. 1-1 0 gts in Sy No.1 032/4 situated at Ameenpur Village and Mandal, Sangareddy District as being wholly illegal, arbitrary, unconstitutional and violative of principles of natural lustice and set aside the same and consequently direct the respondent authorities to restore the name of the Petitioner herein in respect of the subject land lA NO: 1 OF 2024 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 suspend the operation of the impugned Transaction No.2300039170 and restore the name of the Petitioner in the Dharani in respect of subject land viz., agricultural land total admeasuring Ac.2-10 gts comprising of Ac.1-00 gts in Sy No.1031/A and Ac.1-10 gts in Sy No. 1032/4 situated at Ameenpur Village and Mandal, Sangareddy District, pending disposal of the writ petition lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumbtances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant lnterim lnjunction restraining the respondent No.5 from alienating or creating charge over the whole or any part of the sub.ject land viz., agricultural land total admeasuring Ac.2-10 gts comprising of Ac.1-00 gts in Sy No.1031/A and Ac.1-10 gts in Sy No.1032/A situated at Ameenpur Village and Mandal, Sangareddy District, while restraining the 4th respondent from entertaining any document/transaction thereon, pending disposal of the writ petition WP NO: 2994 OF 2024 Between: P. Venkat Redd Agriculture, Rl/o District. AND v, H S/o P. No.4-74, Bhoom Reddy, Aged about 54 years, Occ. Ameenpur Village and Mandal, Sangareddy ...PETITIONER State of Telangana, Represented by its Principal Secretary, Revenue Departmelt, Secretariat Hyderabad. The District Collector, San!areddy District. The Revenue Divisional Officer, Sangareddy Revenue Diviston, Sangareddy District The Tahsildar, Ameenpur lVlandal, Sangareddy District. Narla Gur vi Reddy, S/o N.P. Gurivi Reddy, Aged 59 years, Occ. Agriculture, Rl/o Gl, Plct No.285, Sai Enclave, Anjaneya Nagar, Hyderabad. 2 J 4 5 ...RESPONOENTS 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, one more particularly in the nature of Writ of Mandamus declaring the action of the respondent authorities vide Transaction No. 2300039174, mutating the name of Respondent No. 5 in Dharani Web Portal by unauthorizedly deleting the name of the Petitioner herein therefrom, in respect of subject land viz., agricultural land total admeasuring Ac.1-00 gts comprising of Ac.0-20 gts in Sy No.1032/AA'l and Ac.0-20 gts in Sy No.1032/AA2 situated at Ameenpur Village and Mandal, Sangareddy Drstrict as being wholly illegal, arbitrary, unconstitutional and violative of principles of natural justice and set aside the same and consequently direct the respondent authorities to restore the name of th'e Petitioner herein in respect of the subject land lA NO: 1 OF 2024 Petition urrder 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 grant lnterim lnjunction restraining the respondent No-5 from alienating or creating charge over the whole or any part of the subject land viz., agricultural land total admeasuring Ac'1-00 gts comprising of Ac.0-20 gts in Sy No.1032/AA1 and Ac.o- 20 gts in Sy No.1032/AA2 situated at Ameenpur Village and Mandal, Sangareddy District, while restraining the 4th respondent from entertalning any documenUtransaclion thereon, pending disposal of the writ petition lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filec in support of the petition, the High Court may be pleased to suspend the operation of the impugned Transaction No.2300039174 and restore the name of the Petrtioner in the Dharani in respect of subject land viz., agricultural land total admeasuring Ac.1-00 gts comprising of Ac.0-20 gts in Sy No..1032/AAi :. ,// ,// // and Ac.0-20 gts in Sy No.1 032/AA2 situated at Ameenpur Village and Mandal, Sangareddy District, pending disposal of the writ petition WP NO: 3002OF 2024 Between: Rakthapu Ramulu Goud, S/o late R. Gopaiah Aged about 73 years Occ. Agriculture Rl/o H.No.1-20110, Kothaguda, Serilingampally lrtlandal, Rangareddy District AND Department, Secretariat Hyderabad 1 . State of Telangana, Represented by its Principal Secretary Re 2. The District Collector, Sangareddy District. 3. The Revenue Divisional officer, Sangareddy Revenue Division District
4. The Tahsildar, Ameenpur Mandal, Sangareddy District 5. Narla Gurivi Reddy, S/o N.P. Gurivi Reddy Aged 59 years Occ Rl/o G1, PlotNo.285, Sai Enclave Anjaneya Nagar, Hyderabad , Sangareddy . Agriculture .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, one more particularly in the nature of Writ of Mandamus declaring the action of the respondent authorities vide Transaction No. 230003917'1, mutating the name of Respondent No. 5 in Dharani Web Portal by unauthorizedly deleting the name of the Petitioner herein therefrom, in respect of subject land viz., agricultural land admeasuring Ac.1-18 gts in Sy No.1031/AA situated at Ameenpur Village and lvlandal, Sangareddy District as being wholly illegat, arbitrary, unconstitutional and violative of principles of natural justice and set aside the same and consequently direct the respondent authorities to restore the name of the Petitioner herein in respect of the subject land IA NO: 1 OF 2024 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 suspend the operation of the impugned Transaction No.2300039171 and restore the name of the Petitioner in the Dharani in respect of subject land viz., agricultural land admeasuring Ac.1-18 gts in Sy No.1031/AA situated at Ameenpur Village and Ivlandal, Sangareddy District, pending disposal of the writ petition lA NO: 2 OF 2024 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 grant Interim lnjunctic,n restraining the respondent No.5 from alienating or creating charge over the whole or any part of the subject land viz., agricultural land admeasuring Ar;.1-18 gts in Sy No.1031/AA situated at Ameenpur Village and Mandal, Sangareddy District, while restraintng the 4th respondent from entertaining any documenVtransaction thereon, pending disposal of the writ petition Counsel for the Petitioner: Ms. SHALINI DONTHI, COUNSEL FOR SRI P VENKAT REDDY (ln all the Writ Petitions) Counsel for Respondent Nos. 1 to 4: GP FOR REVENUE (ln all the Writ Petitions) Counsel for Respondent No. 5: SRI A. P. REDDY (ln all the Writ Petitions) The Court made the following: COMMON ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY 1VRIT PETITION Nos.32331 of 2O23 and 299O 2994 e 3OO2 of 2O24 COMMON ORDER: Since the issue involved in these writ petitions similar, they were heard together and are being disposed of by this common order. The facts in W.P.No.32331 of 2023, which is taken up as leading case, are as follows:- This writ petition is filed seeking to declare the action of the respondent authorities in mutating the name of respondent No.5 in Dharani Web Portal vide Transaction No.2300046634 by unauthorisedly deleting the name of the petitioner therefrom in respect of the land adrneasuring Ac. 1.39 guntas in Survey No.i045 and Ac. 1.38 guntas in Sur-vey No. 1046/ 1 , total admeasuring Ac.3.37 guntas situated at Ameenpur Village and Mandal, Sangareddy District and for other appropriate reliefs. The petitioner claims to have initially purchased land, admeasuring Ac. 1.39 guntas in Survey No.1O45 and, Ac.2.10 guntas in Survey No. 1046, Ac.2.38 guntas in Survey No.1042, 2 CVBR, J WP.No.3233l of 2023 & Batch Ac.2.O0 guntas in Survey No.1043, Ac.2.11 guntas in Survey No.1044 and Ac.2.03 guntas 1n Survey No.1047, total admeasuring Ac.l3.2l guntas, situated at Ameenpur Village and Mandal, Sangareddy District, under a registered sale deed bearing document No.427 of 1966 dated 21.04.1996. It is stated that upon enforcement of the Telangala Land Reforms (Ceiling on Agricultural Holdings) Act, the petitioner has fi1ed a rleclaration and on being declared as surplus land holder, he surrendered the land to al extent of Ac.9 .12 guntas conrprising of Ac.2.38 guntas 1n Survey No.1042, Ac.2.OO in Survey No. 1043 and Ac.2.11 guntas 111 Survey No.1044 and Ac.2.03 guntas in Survey No.1047, but of total extent of A<:. 13.21 guntas; and thus, he remained to be the absolute ou.ner and possessor of retainable portion of land admeasuring Ac.1.39 guntas 1n Survey No. 1045, Ac.2.tO guntas in Survey No. 1O46, total admeasuring Ac.4.09 guntas situated at Ameenpur Village and Mandal, Sangareddy District. The grievance of the petitioner is that despite the same, the respondent authorities, without issuing any notice and without taking into consideration the consistent entries in the I 3 C\'BR, J WP.No.3233l of 2023 & Batch revenue records in favour of the petitioner, arbitrarily mutated the name of respondent No.5 in respect of land admeasuring Ac. 1.39 guntas in Survey No. 1045 and Ac.1.3B guntas in Survey No.1046/1, total admeasuring Ac.3.37 guntas, out of the retainable portion of the land of the petitioner situated in Ameenput Village and Mandal, Sangareddy District. Ms. Shalini Donthi, learned counsel appearing for the petitioner, vehemently contended that the respondent authorities without issuing any notice and without conducting any enquiry, have mutated the name ol respondent No.5 in respect of the said retainable portion of the petitioner's land and the said action on the part ol the respondent authorities not only anounts to violation of the provisions of Telangana Rights in Land and Pattadar Pass Books Act but a-lso amounts to violation of principles of natural justice as well as the guidelines issued by a Full Bench of the erstwhiie High Court of Andhra Pradesh in the 4 CVB& J WP.No.3233l of 2023 & Batch case of Chin,?.o,m Pandurangam us. Mandal Reuenue Officert. Mr. A.P.Reddy, learned counsel appearing for respondent No.5, vehemently contended that respondent No.5 has purchased the subject land by way of Sale Agreement- cum-General Power of Attorney and as such the respondent authorities have rightly issued the impugned proceedings mutating his name in the revenue records. Learned counsel further contended that when disputes arose with regard to the subject land, respondent No.S also filed O.S.No.24O of 2022 on the file of Special Judicial Magistrate of First Class, Prohibition and Excise Offences Court-cum-III Additional Junior Civil .-ludge, at Sanga Reddy and the same is pending for adjudication. Considr,:red the submissions of the learned counsel for the respectivt-- parties and perused the record. The petitioner claims that he is the absolute owner and possessor of the retainable portion of the subject land and he has not disposed the said land by executing any sale d.eed, ' arR 2oo8 Ap t-s 5 CVBR, J W?.No.32331 of 2023 & Batch but the respondent authorities without issuing any notice, without taking into consideration the revenue entries and without conducting any enquiry issued the impugned mutation proceedings in favour of respondent No.5. Whereas, respondent No.5 claims that he purchased the subject land under an agreement of sale-cum-General Power of Attorney and as such the respondent authorities have rightly mutated his name in the revenue records. As it is held by a Full Bench of the erstwhile High Court of Andhra Pradesh in the case of Chinnann Pandurangam (supra) that before changing/altering/deleting the entries in the record of rights, a duty is cast upon the recording authority to issue notice in writing to all persons whose names are entered in the record of rights and who are interested in or affected by the proposed amendment and as it appears that, in the instant case, no enquiry whatsoever has been conducted much less any notice has been issued by the by the respondent authorities before issuing impugned mutation proceedings in favour of respondent No.5, they deserve to be set aside. 6 C\BR, J WP.No.3233 t of 2023 & Batch In vier.v of the above, this Court without expressing any opinion on the right and entitlement of the parties, deems it appropriate to dispose of the writ petitions by setting aside the respective impugned proceedings issued in favour of respondent No.5 and the consequentiai entries in the revenue records, if a.ny. made in his favour. The matter is remanded to the Tahsildar, Ameenpur Mandal, Sangareddy District, who in turn shall conducl de nouo enquiry, duly issuing notice to all the interested/effected persons, including the petitioners and responrlent No.5 in the respective writ petitions, and pass appropriate reasoned orders, after considering their explanations/objections, if any, submitted in support of their claim over lhe subject 1and, strictly in accordance with the provisions of the Telangara Rights in Land and Pattadar Pass Books Act" 2O2O and the Rules made thereunder, within a period of three months from the date of receipt of a copy of this order. It is made clear that if either of the parties are aggrieved brr the orders that may be passed by the Tahsildar, they are at liberty to avail appropriate remedies in accordance with law. 7 CVBR, J WP.No.3233l of 2023 & Batch With the above observations, the Writ Petitions are disposed of. There sha1l be no order as to costs. As a sequel, the misceilaneous petitions pending, if any, sha1l stand closed. //TRUE COPY// Sd/- T. TIRUMALA DEVI PUTY REGISTRAR SECTION OFFICER . The District Collector, Sangareddy District. . The Revenue Divisional officer, Sangaredd y Revenue Division, Sangareddy District. The Tahsildar, Ameenpur Mandal, Sangareddy District. One CC to Sri P Venkat Reddy Advocate [OPUC] One CC to Sri A. P. Reddy, Advocate(OPUC) Two CCs to GP For Revenue, High Court for the State of Telangana. [OUT] Two CD Copies To, 1 2 3 4 q 7 MBC 6 F{IGH COURT CVBR,J DATED: 1010312025 I I COMMON ORDER WRIT PETITION NO: 32331 OF 2023 AND . 2990, 2994 & 3002U^F 2024 l HEr $ l'4 ,r4i O ? 7 tm Zrzl DFs parcHsg * t C DISPOSING OF WRIT PETITIONS WITHOUT COSTS (rt'*'" %&(