✦ High Court of India · 18 Sep 2025

The High Court · 2025

Case Details High Court of India · 18 Sep 2025

qam Sriramulu, Aged about 65 Years. -Vittage, Kompalli IVunicipality. Medchal lVlahesh, S/o. Durgam Krishna, aged about 36 R/o. H.No.3-30, Dulapally Village, Kompalli Municipality, years, Medchal PETITIONERS AND 1 2 3 4 The State of Telangana, rep. by its Principal Secretary, Revenue Departhlent, Secretariat Buildings, Hyderabad. The District Collector, Medchal -Malkajgiri District. The Revenue Divisional Officer, Malkajgiri Division, Medchal District. The Mandal Revenue Officer, Dundigal Gandi Mysamma Mandal, Medchal District Durqam Gopal, S/o. Late Sriramulu, aged about 55 years, Rl/o. H-No 3-30, DulSpally Viilage. Kompalli trilunicipality, lvledchal District. ...RESPONDENTS Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction, more particularly one ln the nature of writ of Mandamus, declare the action of the 4th respondent ln lssuing show cause Letter No, Bl4SgtzO2O dated 27 -05-2020 is lllegal, arbitrary, without any power and not only violative of the Hon'ble High Court order passed ln W P' No. 4368 of 2010, W.A.No, 4O2 of 2OOg and O.S.No.381 of 20'1 8 and also contrary to the A.P. (Telangana Area) Abolition of inams Act,1955 and quash the same and consequently the notice issued by the 4th respondent in hi; Letter No-8/499/2020 dated 27-05-2020 set aside the same lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the 1i cunlstances stated in the affidavit filed in support of the petition, the High Court I ay be pleased to stay all further proceedings pursuant to the impugned notice Ietter No. Bl4ggl2o20 dated 27 -05-2020 betore the 4th respondent pending dispo al of the present Writ Petition in the interest of justice. lA NO: 1 OF 2022 Petition under Section 1 51 CPC praying that in the () -cumstances stated in the affidavit filed in support of the petition, the High Court r- ry be pleased to pass a order or direction to the Petitioners and '1 st to 5th Rr:r; ondents that the writ proceedings in W.P No-8269 of 2020 are not binding a Itinst the Respondent No.6's possession and enjoyment of the property in Sy.n,r 136/Part, situated at Dulapally Vi llage Dundigal Gandimaisamma lrlandal, [/eJ;hal-lt4alkajgiri Distrtct erstwhile Ranga Reddy District, pending disposal of this Wrrl Petition Counsel for the Petitioner: SRI KAMALAKARA RAO BAT - INA Counsel for the Respondent Nos.1 to 4: AGP FOR REVET,l JE The Court made the following: ORDER THE HONOURABLE SRI WSTICE E.V.VENUGOPAL WRIT PETITION No.8269 OF 2O2O ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the follou'ing relief: "...to issue an appropiate u.tit order or direction more particularlg one In the nafitre of uit of Mandamus declare the action of the 4th respondent in issuing shou.t cause Letter No.B/ 499/ 2020, dated 27.05.2020 is illegol, arbitrary tuithout anA pouer and not only uiolatiue of the Honble High Court order passed in W.P.No.4368 of 201O, W.A.No.402 of 2OO9 and O.S.No.3B7 of 2O18 and also contrary to the A.P Telangana Areo AboLition of inams Act, 1955 ond quash the same and consequently the notice issued by the 4th respondent in his Letter No B/499/2020 dated 27.O5.2O2O set aside the some end pass..."

2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue, for respondent Nos. 1 to 4 and perused the record.

3. Learned counsel appearing for the petitioners would submit that respondent No.3 in his proceedings Nos.64OO of 1996 and 6402 of 1996, dated 09.04.1998 issued Occupancy fughts Certificate in accordance with the provisions of Section 8 read with Section 1O of the Andhra Pradesh (Telangana Area) 2 Abolition of Inams Act, 1955 to the mother of J etitioner No.1 late Smt. Durgam Sathyamma w/o late Durganr Sreramulu to an extent of Acs. 12.03 guntas in Sy.Nos.97, 13-<. 137, 14O and 151 of Dhulapally village, Gandimaisamrna Drr rdigal Tahsil, Medcha.l District. Since then, petitioner No.1 ar d his mother are in peaceful possession of the subject prope. !-. When the respondents are interfering with the subject pr tperty of the petitioner No.1. petitioner No.1 ald his son [,, titioner No.2 approached this Hon'blc Court by filing W.A.N,t IO2 of 2OO9, which is pending for adjudication and ; rrtition suit O.S.No.433 of 1987 on the file of the learncrl I Additional Senior Civil Judge, Ranga Reddy District, r,.rich is also pending. In the similar circumstances, W.p.No. 368 of 2O10 also filed questioning the notice issued by resl ondent No.2 uide Lr.No.Fll5694/2OO8, dated 23.Ol.2OlO , review the grant of O.R.C. dated 16.O4.1gg\ and t].r, Court on 25.O2.2O1O has granted interim order until furtl: r r orders zrnd the writ petition is still pending.

4. Learned counsel further submitted that irL spite of the orders of this Court, respondent No.4 is interfer ng w.ith the 3 subject property by issuing notice dated 27.05.2020 with regard to the same O.R.C dated 16.O4.1998. In W.P.No.4368 ol 2OlO petitioner No.2 herein is rmpleaded as petitioner No.3 as legal representative of deceased Durgam Sreramulu, who died while pending the writ petition. Aggrieved by the same, the petitioners made representation dated 20.O5.2O2O to respondent No.2 requesting him not to mutate the subject property as the case is pending before this Court and also O.S.No.38 1 of 20i8 is also pending before the Court below, notice dated 27 .O5.2O20 issued by respondent No.4 is illegal Hence, the present writ petition.

5. Learned Assistant Government Pleader for Revenue, on instructions would submit that respondent No.5 frled an application in form 6A for succession of land to an extent of Acs.4.11 guntas in Sy.Nos.97,135, l37,l4O and 151, situated at Dulapally village, Gandimaisamma-Dundigal Village. In response to the above application a notice in Form VIII has been issued by the official respondents uide No.B/499 l2O2O, dated 27.05.2020 to receive claims and objections if any Accordingly, petitioner No.l filed objection and the s€une \ ) ::4:: under consideration. Therefore, indulgence oJ this Court at this stage is unwarranted. Hence, seeks t: dismiss the present u,nt petition

6. Having regard to the submissions ma<ir: by both the learned counsel and upon perusing the materi: available on record, this Court is of the opinion that since .he petitioner has already raised the objections before responc ent No.4 and the same is pending lor consideration, this C.r urt deerns it appropriate to direct respondent No.4 to :xamine the objections filed by the petitioner and pass apprr priate orders strictly in accordance with law. 7 . With the above observations, this wr 1 petition 1S disposed of. There sha_ll be no orclers as to cos[s Miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/.U. SUDHA AqS STANT REGISTRAR ( t'' \SECT|ON OFFtcER To, '1 . The State of Telanoa secretariat euiroings,nfiffiby its Principal Secretary, E evenue Departfilent,

2. The District Collector, Medchal -Malkajgiri District. 3. The Revenue Divisional Officer, Malkajgiri Division, IVlecc ral District. ;ffi1 The lt/andal Revenue Officer, Dundigal Gandi Mysamma Mandal, Medchal District One CC to Sri Kamalakara Rao Bathina,. Advocate [OPUC] Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT] Two CD Copies 4 A 7 TJ BS HIGH COURT DATED:1810912025 \ ORDER WP.No.8269 of 2020 7 [{ !-, :.. _t \ nu tj i.r. -... ' (.).i ,.. ..,. i.'; .i ,'; .'i ,.', , 'l ..:, J / r ,'^'.':9-):'l' J ,t DISPOSING OF THE WRIT PETITION WITHOUT COSTS r^ l_- ",L A Y-I

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