High Court · 2025
Case Details
AND The State of Telangana, Represented by its principal Secretary, Revenue gepartment, Secretariat Buiidings, Hyderabad, The Diskict Collector, Jangaon "Oiitri6t, Janoaon. li"_ ] ^.I:i99,! uangaralu Ktran Kumar. S/o Sri Vrenkateshwara Rai, Aged about 42 years, occ. Service, R/o Chinnaramancfrerta vittage, gi.ir';rip"t Revenue Mandal, Jangaon Dishict. Eqygnq" Ma n jat, Ja ngaon Disrrict, Bachannapet - -- - 1 z .) 4 ...RESPONDENTS Petition under Articre 226 of rhe constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction, more particurarry one in the nature of a writ of mandamus decraring the action of the District colector. 2nd respondent herein in granting succession proceedings vide transaction number 23000g8g6g in favour of 4th respondent herein on 09-02-2023 in respect of rand admeasuring Ac 5.3'lguntas in survey Number 26214. situated at chinnaramancherra viilage, Bachannapet Revenue Mandar, Jangaon District without issuing any notice and without considering the pendency of the civir suit in o.s. No.54l201g on the fire of the court of the principar Junior civir Judge at Jangaon as iregar, arbitrary, improper and principal of natural justice and also in violation of Article 300A of the Constitution of lndia and consequently set aside the same in the interest of justice. lA NO: 1 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 interim direction directing the 4th respondent herein not tg alienate the agricultural land admeasuring Ac.5-31guntas in Survey Number 26214, situated at Chinnaramancherla Village, Bachannapet Revenue Mandal, Jangaon District pending disposal of the above writ petition. lA NO: 'f OF 2024 Between: Gangaraju Kiran Kumar, S/o Sri Venkateshwara Rao, Aged about 42 years, Occ. Service ll./o Chinnaramancherla Village, Bachannpet Revenue Mandal, Jangaon District. ...PETITIONER/ RESPONDENTNo.4 AND 1. Kasala Narsimhulu, S/o late Sri Venkatachalam, Aged about 35 years, Occ. Agriculture, R,/o Chinnaramancherla Village, Bachannpet Revenue Mandal, Jangaon District.
2. Kasala Kanaka Chary, S/o late Sri Venkatachalam, Aged about 33 years, Occ. Agriculture, R/o Chinnaramancherla Village, Bachannpet Revenue Mandal, Jangaon District,
3. Kasala Karunakar, S/o late Sri Venkatachalam, Aged about 31 years, Occ. Agriculture, Rio Chinnaramancherla Village, Bachannpet Revenue Mandal, Jangaon District.
4. The State of Telangana, Represented by its Principal Se0retary, Revenue Department, Secretariat Buildings, Hyderabad, 5. The District Collector, Jangaon Dishict, Jangaon, 6. The Tahsildar, Bachannapet Revenue Mandal, Jangaon District, ...RESPONDENTS/ WRIT PETITIONERS ...RESPONDENTS/ RESPONDENTS 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 vacate the interim orders passed in W.P.No.9774 of 2023, d1.11.04.2023. Counsel for the Petitioners: SRI ASHOK REDDY KANATHALA Counsel for the Respondent Nos.1 TO 3: GP FOR REVENUE Counsel for the Respondent No.4: SRI BALLA RAVINDRANATH The Court made the following: ORDER I I .-) I ,i i THE HON'BLE SRI JUSTICE C .V.BHASKAR REDDY WRIT PETITION No.9774 0F 2023 ORDER: This writ petition is filed seeking to declare the action of respondent No.2 in granting succession proceedings with Transaction No.23O0098869 in favour of respondenr No.4 on O9.O2.2O23 in respect of iand admeasuring Ac.5.31 guntas in Suruey No.262 I A situated at Chinnaramancherla Village, Bachannapet Revenue Mandal, Jangaon District, without issuing an1, notice and without considering the pendelcy of Civil Suit vide O.S.No.54 o 2Ol9 on the file of tire learned Principai Junior Civil Judge at Jangaon as illegal, arbitrary and for other appropriate reliefs. The petitioners claim to be the absolute owners and possessors of agricultural land admeasuring Ac.3.O2 guntas out of Ac.5.31 guntas in Survey No.262/A situated at Chinnaramancherla Village, Bachannapet Revenue Manda_I, Jangaon District, having acquired the sarne from their ancestors, tvhose names have been recorded in the revenue records. It is further stated that respondent No.4, without having any right or title, claiming to be the successor_in_interest of the original pattadar of the subject land filed a suit for partition vide O.S.No.54 of 2OIg on the file of the learned Princi Palt Junior Civil Judge at Jangaon ald the same is / I I I I I I t I 2 pending. The grievance of the petitioners is that even though in the pahani for the year 2Ol9-2O, the revenue authorities have mentioned that the subject land is in civil cases, without taking into consideration of the same and without issuing any notice to the petitioners, respondent No.S has issued the impugned succession proceedings vide Transaction No.2300098869 in favour of respondent No.4 in respect of the land admeasuring Ac.5.31 guntas in Survey No.262lA of Chinnaramancherla Village. Learned counsel appearing for respondent No.4, relying on the counter a-ffidavit filed on beha,lf of respondent No.4, submits that except making baid allegations that the petitioners aie the absolute owners and possessors of the subject land, having acquired the same from their ancestors, they have not produced aly document to establish their claim; in fact, the names of the predecessors-in-interest of the respondent No.4 were reflecting in the revenue records in the pattadar column from l97l-72 onwards and pattadar pass books and titled deeds were also issued in favour of his father; after the death of his father, respondent No.4 applied for succession certihcate through Dharani online portal in TM-4 application module; and acting upon the said application, respondent No.5 has rightly issued the impugned succession proceedings in his favour. t \ 3 Considered the submissions of the learned counsel for the parties and perused the record. It appears that therc are serious disputes among the parties with regard to tit1e, possession and consequential mutation of entries in the revenue records-.in respect of the subject lard, which are required to be decided by a competent Civil Court in a comprehensive civil suit based on evidence. In view of the above, this Court without expressing any opinion on the merits of the matter, deems it appropriate to dispose of the writ petition by relegating the petitioners to approach the competent civil court seeking appropriate relief, in accordance with law. It is made clear that the interim order dated 1 1.O4.2O23 granted by this Court would operate for a period of three months from today, to enable the petitioners to approach the civil court. The ',r'rit petition is accordingly disposed of. Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to cost S. //TRUE COPY// SD/-'I-.TIRUMALA DEVI DEPIJTY REGISTRAR SECTION OFFICER To l
1. The Principal Secreta ry, Revenue Department, Secretariat 13uildings, 2 3 4 6 Telangana Hyd erabad, State of T District Collecto r, Jangaon Distri ct, Jangao The Tahsildar, Bachannapet Revenu e Mandal, Jangaon District, One CC to SRI ASH OK REDDY KANATHA LA, Advocate [OPUC One CC to SRI BALLA RAVINDRANATH, Advocate [OPUC Two CCs to GP FO R REVENUE, High Court for the State Hyderabad louTl n o1' Telangana, at
7. Two CD Copies PSK. ., psK 1O\k I a:;"' HIGH COURT DATED:1 210312025 ORDER WP.No.9774 of 2023 g sl A, t o + 2s p.PH |i25 7 c. ,..' + D Es I'A-rc I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS 2d H