✦ High Court of India · 10 Mar 2025

Kurva Mallaiah v. Department,TelanganaSecretariat'Hyderahad

Case Details High Court of India · 10 Mar 2025
Court
High Court of India
Decided
10 Mar 2025
Bench
Not available
Length
1,479 words

Kondurugu Mandal Ranga Reddy District without there being any notice to the petitioner forthwith pending disposal of the writ petition .. ,; Gounsel for the Petitioner: SRl. AMBEDKAR DUNNA .,,, . ,,.. geUnse! fotthe Respondent Nos. 1to4: Gf FOR REVENUE .1 : :: $gqns.Etfor. 16e Bgqpol{ent Nos. 5tQ25: -' qle rorreYins; oR9EB t* Tlg" j l I I I I I I I I I I I I HON'BLE SRI JT'STICE C.V. BHASKAII REDDY U/RIT PE.TITION No.6475 of 2OltS ORDER: It is stated that the petitioner is in peace:ul possession of the agricultural land admeasuring Acs. 15 24 guntas in Sy.No.132, Acs. 15.37 guntas in Sy.No. 136, sit rared at Agiryal Village, Kor:Ldurgu Mandal, Ranga Reddy Distri,.r. It is further stated that the names of the predecessors_in interest of the petitioner were recorded in the revenue records more particularly in 1954-1955 Khasra pahani. tr i: I.urther stated that on verification it is found by the petitioner lhat the subject land was re,corded in the names of the unoflficral respondents and as such, he made an application seeking r:r rr_ection of the entries in the revenue records and consequenr al issuance of pattadar passbook. The grievance of the petitiorcr is that even after receipt of the said application, the responcr )nt authorities ciid not consi,ler the same.

2. Considered the submissions of the learned r ounsel for the petitioner and Sri L.Ravinder, learned Assistan Go'ernment Pleader for Revenue appearing for respondent N rs. t t. .1 anci r.r,ith their consent, this writ petition is being disp rsed of at the admission stage. In view of the nature of relief:rs sought for in I I I i I i I I i I ! i j I I I I I I l I I t I I l I I I I t: I t I t 2 CVBR, J Wp_6415 2O2s this writ petition, issuance of notice to the unofficial respondents is disPensed with.

3. As seen from the record, except stating that the names of the petitioner's ancestors have been recorded in 1954-55 Khasra Pahani, no document in support of his case has been frled along with the writ petition Further' it is not the case of the petitioner that the name of the petitioner and his predecessor-in-interest has been recorded in the revenue records by issuing the pattadar passbook or the name of the petitioner is recorded in Dharani Portal under the provisions of the Teldngana Rights in Land and Pattadar Passbooks Act' 2O2O. The petitioner, rvithout enclosing any document in support of his claim that he is thc pattadar of the subject land' is seeking deletion of the entries made in the namc of the third parties in the revenue records

4. ln Mohan Pandeg us' Ilsha Rani Rajgariar the Hon'ble Supreme Court observed as follorvs: '6: xxxx..--- It has repeateclttl beet lrcIcl bg ttis Court as also bg u(rrious High Courts that a requlor 'suit rs the oppropiote remed-g for selTlern.ent of disputes relQttttlJ to prope'rtll ights between priuate person-s .,nd tll.tt tle reiledlJ utlder Atlicle 226 of the r( 1992) 4 scc 61 ; i I I I I I 1 l I I i I I ! I I J Constitution shall not be auailable except uher st(ltutory dutg on the part of a statutory authot tt such a case, the Court u)itt issiue appropio authoritg concemed. If the reat grieuance of agqtnst the initiation of ciminal proceedings passed and steps taken thereon, she must au untler the general lau..t including the Criminal CVBR, J wp .647 s 2025 z uiolatiotr of some itg is alteged. And '.e direction to the lle responclent is ond lhe orders 1il of the lemedg Procedure Code_ iuisdiction to be lnder tlrc leneral o nt) Ition aua able to raordrnara and tasls suppLi"d)

5. 'tn Duarka prasad Aga noal u. B.D. Agq.rutal2, the I{on'ble Supreme Court observed as follows: t I "Ttte High Couft uhile exercising a potuer of lutticiat reuie.w is cortcemed with illegalitg, inat alitg and procech ral intPropneta oJ an order p..ssed. bg the sta u^detAf ticte226of the*,*ff:;:;';x:::,:::.:,::::::" for re solution of a piuate lal frontadisputer,*,"r*-oli,r"oi,!J:,*:,,:::*,:::;,.:.",::: settlect that a writ remedg is not auailable Jor t ?solutto,t oJ a prol)ertA or a ti e dispute." . . ln view of the above and since the issues raised rn this petltiorr are required to be examined onlv ,rfrer examr n ing t[]e revenue records, this Court, without going ir ro the merits of the casc, deems it appropriate to relegate th l perlrio.e r to t) {2003) 6 SCC 230 4 CVBR, J Wp 647 s 2025 approach the competent Civil Court and seek appropriate relief in accordance with law. In the event of obtaining decree, if any, from the competent Civil Court, the revenue authorities shall examine the claim of the petitioner herein in respect of the subject property strictly in accordance with law, by issuing notice to all the effected parties and pass appropriate orders.

7. Accordingly, this Wrjt Petition is dismissed. There shall be no order as to costs.

8. As a sequel, the miscellaneous petition s pending, if any, shall stand c,osed- //TRUE COPY// so/-T. JA'ASREE DEPU TY REGI SECTION OFFICER -/ One CC to SRl. AMBED KAR DUNNA, Advocate' oPUcl Two CCs to CP FOR REVENUE ,High Court for the State of Telangana lo*l'Jp "or,", ke- BM BS I To, 1 2 3 HIGH COURT DATED:1010312025 I ORDER WP.No.6475 ot 2025 -_.--:. - _-._.- :; t tt,'l.i'' .t''-.. . r.'.'11 ,. r\f'r 20 sir 2P5 .i, DISMISSING THE WRIT PETITION WITHOUT COSTS K) \9/ (,t f I z-f

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