✦ High Court of India · 20 Mar 2025

High Court · 2025

Case Details High Court of India · 20 Mar 2025
Court
High Court of India
Decided
20 Mar 2025
Bench
Not available
Length
1,289 words

Boddu Yellamma, Wo late B.Yellaiah Age. 60 ye3rs, Occ. House wife R/o Chennaram. Village, Kondamallepally Mandal, Nalgonda. Boddu Sreenaiah, S/o late B.Yellaiah Age 44 years, Occ. Business Fl/o Chennaram village, Kondamallepally Mandal, Nalgonda. Mustipally Durgamma Wo late M Srinu Age about 40 years, Occ. Housewife R/o Mushipally village, Nenupallu Mandal Nalgonda Distrigt. Pundigala Saidamma. W/o D.HanumEnthu Age. 34 years, Occ, Heuse wife Fl/o Qhennaram Village, (ondamallepally villagje Nalgonda District. Boddu Bamakrishna, S/o late B Yellaiah Agq 29 years, Occ. flgrianhure R/o Chennaram, Kond4mallepally Naloonda District ANO ..PETITIONERE The State of Telangana, Rep. by its Pfincipal Secretary Revenue Department, Dr. B.R. AmbedkaiTelangana Sgcretariat. Hyderabad The Dlstrict Collector, Nalgonda District The Rgyenqe Divisiqnal officer, Devarakgnda Nalgonda Distric! The Thasildhar. Kondamallepally, Nalgonda Districl. Kalam leelamma. Wo K $udershan Reddy Age l\4ajor, Occ. Housewife R/o Narsarlapally, Chintapally Mandal(M) Nalgonda District. $an4aru Jagadishwdr, S1o Venkaiah Age major, OcA. Business R/o Gandhi Q? S-aI g!Le-e!:_P_eva ra k ond a. D gyq ra kond a ( m ), Nal 99 nd a D istrict. Ph.98488842s7 Bbndaiu Mcjhanamma. Wo B Janardhan Agq. Mqj91, Occ. House wife R/o H- No-1Q.1 .7211 , srrnivas Nagr colo-ny, Near Sumang-aliiunction hait, Lingojiguda, $aroornagar. Ranga Reddy District - 3-5 Ph.9885149192 Bandaru Paryathamma, Wo Venkaiah Age. Major, pcc. House yvife R/o Gindhinagar, Devarakorfda (q) Nalgonda Di$trict, Ph. No. q17 961 8223 Boddla Vijaya Lakshmr. Wo B.Mallikarjun, Dlo.Paryathamma and venkaiah Age tylajor,Occ. Household R/o.Gandhinagar. Devarakonda, Nalgonda District. Vandgnapu Kumari, Wo Narsimha D/o.Badari parvathamma and Venkaiah Age pajor, Occ House ryife R/o. Gandhinagar, Devarakonda Nalgonda District. Eandaru Janardhan, S/o Ramulu R/o. H-no-10-01-72t 1, Srinivaq nagar Near Sumg4gali function hall, lingojiguda, Saroornagar, Ranga Reddy Distrlct -35 Aduli Hymava.thi. W/o Shravan Kuma D/o Badari parvathamma and Venkaiah Age major, Occ House wife R/ o. Gandhinagar, Devarakpnda Natgon{a Dlstrict ,/ '13, Bandari Naga IVIurali, S/o Bandari Jagadeshwar Aged about. 38yrs, Occ. Softwa re Engineer, R/o. 10-'1-93, Flat-No-S07, Block C, Yamauna Madhavaram Serenity Kharmanghat, Saroornagar, R.R.Dist.,

14. Bandaru Srinivas, S/o Bandarau Jagadeeshwar Aged.40 yrs, Occ. Bussiness, R/o. H-NO-8-3 1, Gand h i Bazar, Devarakonda, Nalgonda, Telangana-508248. ...RESPONDENTS !e99s pptitign under Article 226 of the Cgnglitution of India prayilg that in the circumFlance$ statqd in the affidavit file{ therewith, the High Qourt may be pleasefl to grant a6 pppropriate Writ order or direction more particplqlly qne in the nature ef Writ of manda6-nus tq declars the aclion gf Official Respondents No. 2 to 4 in isquing pattadaf pass pooks aqd title in respegt of land in Sy.no.75 ext. Ac.13-Slgts,, in Sy.no.7Q Ac'12-0$g!s,, in Sy.no.78 As.15-07gts, by giving sub- division 1umpgr situated Qf Clgnn3.1g* vil!age, Nalgonda District in favour of un- l+ wrthgrll any riSh!, title or inlerest as illegal, aJbitrary, official Eesppndent No.5 unconqlitutiq4nt an! ggqlrlst the principles g{ latural Justlce 4nS against the Rulqg of BoB A4 aqO cgn6equqntly diredt the o(1cigl ftespongentq no 2 te 4 to canqel the pattadar pgss $qokq'and lrtle -dg-eds in res-pect pf land in Sy.no.75 ert. Ae.'13-- 33gts., ih Sy.nq 76 Ap 1l.Q6g!q,, i11 $y po /8 Ac. 1 5-07gtp situated al Chennqtan village, Nalgpnda Distriqt in favour of Un-official lRespondent No.5 to 1C withqut ?nd nat biyllg on lhe Palilioners any risht, ti!!e ar irllqres! lA No: 1 OF 2025 nterim i Pgtiti affidavit ep gndgr Section 151 CPQ prayilg that in th9 cirQqmstqlges stated in tilgd i-n s-upppd of fhe qetitlon, thg Figh Coqg mqy be pleased to granl njunctipn restraining the Un-qffipiql Rgspgnflents from alienation in ad-i respect of lapd !n SV no.75 ext, $c 13,$3gts., in $y no.76 Ac 12-069ts,, in 9v.no.79 {p,!p-O{Sts, hy oiving Qub-division nqmbel situated at Chqnnaram village, |lalggnda District, pending Qisposal of the qrit pelition Counsgf for tfie Petitiongrs: SRI K.B.K.GARGEYA Counsei foJ lfre Respondent Nos.1 To 4: SRt LRlXlIro.*, AGp FoR Counset for the Respondent Nos.S TO '14: -- fhe Cgurt made the following: ORDER / HON'BLE SRI JUSTICE C.V. BHASKAR REDDY UIRIT PETITION No.8396 of 2O25 ORDER: It is stated that one Chakali Gattaiah was the inamdar and possessor of the lald admeasuring Acs. 13.33 guntas in Sy.No.75; Acs. 12.06 guntas in Sy.No.76 and Acs.15.07 guntas in Sy.No.7S, situated at Chennaram Village, Kondamallepally Mandal, Nalgonda District and his name was recorded in Sethwar as well as Khasra pahani for the year 1954-55. .It is further stated that after the death of the original inamdar, his son Boddu Yellaiah, has succeeded to the said propert5r and the petitioners, being the lega-l heirs of Boddu Yellaiah, have made a representation seeking for grant of Occupancy Rights Certifrcate (ORC) under the provisions of the Telangana Abolition of Inams Act, 1955 (for short "the Act") and the.Rules made thereunder. The grievance of the petitioners is that the respondent authorities, instead of granting ORC in favour of the petitioners under the provisions of the Act, issued pattadar passbooks in favour oflespondent Nos.S to 14 herein.

2. Considered the submissions made by the learned counsel for the petitioners; Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent 2 C\tsR, J wp_8396 202s Nos.l to 4 and with their consent, ttris writ petition is being disposed of at the admission stage. In view of the nature of relief sought for in this writ petition, issuance of notice to the unofhcial respondents is dispensed with.

3. Having regard to the submissions made by the learned counsel for the respective parties and since the nature of lands has been classified as inams land, unless an enquiry is being conducted under the provisions of the Act, the respondent authorities are not conferred with the power to issue pattadar passbook and title deeds to the unoflicial respondents. Therefore, this Court is of the view that the aforesaid issues are required to be adjudicated by the Inams Tribunal constituted under the provisions of the Act. If the petitioners are having any right as the legal heirs of the original inamdar and they are in possession of the subject property as on O1.11.1973 when the provisions of the Act have been given enforcement, the petitioners shall make an application under the provisions of the Act for conducting detailed enquiry by the Inams Tribunal. If it is found in the enquiry that the petitioners are eligible for grant of ORC, the Revenue Divisional Officer-respondent No.3 is directed to pass appropriate orders after issuing notice to the I 1 l l To

1. a. 3. 4. E

6. 7 PSK. BS at- ., cvgR. I Wp E396 2025 persons, whose names are recorded in the revenue records and in whose favour pattadar passbooks ald title deeds have been issued, within a period of six months from the date of receipt of- such application.

4. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

5. As a sequel, the miscellaieous petitions pending, if any, sha,ll stand closed. //TRUE COPYII SD/-4. SRINIVASA REDDY ASSISTANT REGISTRAR t (,) s CTION OFFICER The princioal Secretary Revenue Department, Dr. E R. Arlbedkar Telangana i,i"rlriJiri H"o"iioaci, state ot-relangana i[;' 6;il*il C6lr""ior, Nqls,onda Distric( +H H;"';;;L; Dildronrt bificer, Devarakonda Nalgonda Drstrict g^fl tsfl1'] ]f i,.* io *, Ii: lg?ltf, i,[Rlfl il; ddri"-'cp ibn nEVEUuE, Hish Court for the state pf Tslppgans, q! HyderaPad [QUTI Two QD Copigs HIGH COURT DATE D :2 010312025 ORDER WP.No.8396 of 2025 t -:) i ,,o :rE S iq7.(- O,:: \ 0 B AP i] 2025 a)El:-'F,: r r-:';ii'.' DISPOSING OF THE WRIT PETIT]ON WITHOUT COSTS Gtr'i,'P) 1

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