✦ High Court of India · 18 Mar 2025

High Court · 2025

Case Details High Court of India · 18 Mar 2025
Court
High Court of India
Decided
18 Mar 2025
Bench
Not available
Length
1,098 words

1 l.Aileni Jayaram Reddy, S/o A.Laxma Reddy, Aged 65 years, Occ. Agriculture, R/o Plpt No. E42, Sainikpuri, Khapra (M), Kapra, Medchal Malkajgiri District 1?.Pabba Siddeshwar, S/o Pabba Pentaiah, Aged 49 years, Occ Agriculture, R/o Plot No. 20, $hobana Colony, Near Sri Maruthi Nursing Home, Nehru Nagar, West Marredpally, Secunderabad. .,...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 or Direction or an order more particularly one in the nature of wRlr oF MANDAMUS to declare the inaction of the respondent No. 2 to 6 in preventing the illegal sales made by the respondqnts No. I lo 12 in respect of the dry land in Sy No. 219115,219t16,219/17,219t18 to an extent of Ac.10- 34gts, Ac.1'l -37gts, Ac.14-07gts and Ac 10-17 gts respqctivety total admeasuring Ac. 47.,1Sgts situaled at Nemaragomta Village, Bibi Nagar Mandal, yadadri Bhuvanagiri District in copsideling the represgntation dated 25-07-ze?3 as ilhgal, arbitrary and yiolative of principtes gf natural Justice ao( copgeqqepfty difeq $F respontent Ng, 2 t9 6 to gonsider the reprqsenta tign 2gle7 tZ0Z3. .NO oF 2024 Petition Under SeCtion 151 CpC praying that in lhe cirpumstanpes gta@ in the affidavi! fllgd i4 suppgrt of rhe petitio4, the High gourt may be deasei tp direct the respondeot Np. 2 to 6 to eonstdgJ the rqpresentatipn datgd 2S-p7-ZOZfl T"-q" ly thg getillpner gr-rd others in respect of the gry tanet in gy.No . 21U1Al 219.116,?19.117,21911 8 to an extent of Ac 10-34gt9, Ac.11-37gts, Ac.14-07gts anC ec. i!0-1I qlS regpectively totat admqaquring Ac. 47,1Sgtg situated qt Nemarggoml4 Village Bibi Nagar Mandat, yadadri Bhuyanagiri District, pendir.rg disposal of thq mair'1 writ petition. Counsg; for lhe Pegtioqpc : SRt B.MADHU SUDHAN BAp $ognsel foffhe Rqppon(ent Nos.i to 3 : AGp FOR REVENUE Counsgl for tfie Rqgpondent No.4 : SRt p.K|SHORE RAO Fo{nsp! for lhe Rqspoldent No.S : .. . Counsel for tfre Rgspondent No.6 : M/s. D.MADHAVI Counsgl for the Respondent Nos.7 to 12: -- The Court made the following ORDER SK,.I W.P.No.5445 of 2024 THE HON'BLE SRI JUSTICE K.SARATH ORDER: W.P.No.5445 of 20.24 This writ petition is filed questioning the action of the respondcnt Nos.2 to 6 in not preventing the illegal sales made by the respondent Nos.7 to 12 in respect of the dry land in Sy.Nos.2t9/tS,2tgl16,2tglLZ, 219 l18 to an exrent of Ac. 1O-34 gts, Ac.11_37 gts, Ac.l4-O7 gts and Ac. 10-17 gts respectively, total admeasuring Ac.47-15 gts situated at Nemaragomla Village, Bibi Nagar Mandal, yadaclri Bhuvanagiri District and not considering the representation of the pctitioner dated 25.07.2023 as illegal and arbitrar5r.

2. Heard iearned counsel for the petitioner and learned Assistant Government pleader for Stamps and Registration.

3. Learned Counsel fclr the petitioner submits that the petitioner ald several others belong to Dalqya Chokla family and their anccstors were having land ---'.i SI(, J W t'. No.54 45 of2024 admeasuring to an extent of Ac.19O-OO gts IN Sy.Nos.219llI,219/25 and 2l9l30 situated at Nemaragomula Village, Yadadri Bhuvanagiri District, and the petitioner and others being legal heirs were in peaceful possession and enjoyment of various extents of agriculture property by cultivating their lands, but behind their- back, the family members and su<:cessors have sold the said land to the unoflicial respondent Nos.7 to 72 by executing a sale deed Doc.No.1269 l2ol9, basing on which the respondent No.3 issued E-passbooks and cntered the names of the respondent Nos.7 to 10 in Dharani portal illegally. He submits that though the petitioner made a representation to the respondent No.3 on 25.O7.2023, no action has been taken and requested to direct the respondent No.3 to consider his representation

4. After hearing both sides and perusal of the record, this Court is of thc considercd vicw that the petitioner is questioning the action of the respondent J SK, J W. P. No.5445 of 2024 Nos.2 to 6 in not preventing the illegal sales made by the respondent Nos.7 to 12 and not considering the representation of the petitioner dated 25.O7.2023. T}:e petitioner has not initiated appropriate proceedings for cancellation of the sa-le deeds executed by the respondent Nos.7 to 12 belore the appropriate forum. Without approaching the appropriate forum, the \ petitioner filed this writ petition. Merely basing on the representation, the respondent authorities have no power and jurisdiction to cancel the sale deeds executed by the respondent Nos.7 to 12. In view of the same, the writ petition is not maintainable. If the petitioner has any grievance, he has to approach the appropriate forum

5. In view ol the civil dispute raised by the petitioner, without going into the merits of the matter, the Writ Petition is closed by granting liberty to the petitioner to approach the competent Civil Court with 4 SK. J \ti.l'. No.5.145 of 2024 regard to his right and title over the subject propertlr in appropriate proceedings. No order as to costs

6. Miscellaneous Applications, if any pending in this writ petition, shall stand closed. /,TRuE coPY'r OEPU?9'#38+S^H qEcr$;or;rcER ansana a To , ffifi*"gj'ffi*#t**6re B9 HIGH COURT DATED:1 8t03t2O2S ORDER WP.No.S445 of ZOZ4 CLOSING THE W.P UVTTHOUT COSTS. s ,/ ,/z // ,/lg .4 .. -: -_-. _-_:--.. - - ,-....-' : riiL. \)r,, \., ,: ( ,/.-/ ',,,. i.j' a- 1 0 JUr 2025 -i- ii,li;il 'vil'. '.'\zt

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