✦ High Court of India · 26 Mar 2025

1. Nenavath Laxman v. The State of Telangana

Case Details High Court of India · 26 Mar 2025
Court
High Court of India
Decided
26 Mar 2025
Bench
Not available
Length
1,275 words

Petition Undr:r S r-'ction 151 cpc praying that in the circums;ta.lces stated in the affidavit filed irr s,rpport of the petition, the High Court ma,l be pleased to issue interim order riir,rcting the _ 2nd respondent to consider anri dispose the statutory appeal filed b y, the petitioner on os-o2-2025 as against tre order passed by the 3rd respondent dated 12-og-2022 passed in case No. t(83.2/2013 in file No. 8/3398/2022 in r=j, tcting the application filed by the petitioners; fc:r issuance of sale certificate U/St:r; !t8(6) of the Tenancy Act in respect of pT la,rd in Sy. No. 639, admeasuring Ar 5-12 guntas at Udithyal village, Batanagar Mandal, Mahabubnagar Dist.i:t pending disposal of main writ petition. Counsel for the Petitio rers : SRI M.DAMODAR REDDY 9g.r-t-"t for the Respo rdent Nos.l to 4 : SRI L.RAVINDER, AGp FOR REVENUE Counsel for the ResFrondent Nos.5 to 15 : _ The Court made the lollowing ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.9218 of 2025 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief "....to issue an order or direction more particularlg one in the nature of Wit of Mandamus declaring the action of respondent No-2 in not disposing of the statutory appeal filed by the petitioners as against the order dated 12.09.2022 passed bg the 3'd respondent in cctse No.K/ 832/ 2013 in file No.B/ 3398/ 2022 in rejecting the application of the petitioners Jiled for issuance oJ sale certif.ed under Section 386 of TenancA AcL 1955 in respect of PT land in Sg No.639 qdmeasuing Ac.5.1i gantas at udithgil Village, Balanagar Mandal, Mahabubnagiar Dstrict as iltegal, unlauful, contrary to lan dnd consequentlA direct the respondent No.2 to constder and dispose of the aboue Tenancg appeal along uith condone delay petition and also stag petitton filed bg the petitioners dated 05.02. 2025...."

2. It is the case of the petitioners that their predecessors-in- interest are the protected tenants of lands admeasuring Ac.5. 12 guntas in Sy.No.639 situated at Udithyal Village, Balanagar Mandal, Mahabubnagar District, and aS they are entitled for issuance of sale certifrcate in respect of the subject lands under the Telangana Tenancy and Agricultural Lands Act, 1950 (for short Act, 1950') and the Rules made thereunder, they have filed application uide No.K/832/2013 in File No.B/3398/2O22 before respondent No.3-the Revenue Divisional Officer, and the said application was rejected uide order dated, 12.09.2022, ard aggrieved by the said .l 2 rejection or(l('r the petitioners have hled an appeal und':r Section 90 of the Acl, I r)50, before respondent No'2'

3. The g'ie r irnce of the petitioners submitted that a[te' receiving the said app,'a no number has been assigned by the respondents and they at c rr:)t proceeding for conducting enquirl :nto the said matter undr:t t re provisions of the Act, 1950.

4. Considcr ld the submissions of the learned couni;el for the petitioners; !lr L. Ravinder, learned Assistant Governr-r're n L Pleader for Revenut a.lrprcaring for respondent Nos. 1 to 4 and p':rused the record.

5. Since i L s stated that the petitioners have frlt'd an appeal before resp,t,rc cnt No.2, this Court without expressitrS; alry opinion on the meritsr ,rf the case, deems it appropriate to dispr>se of this writ petition d -ecting respondent No.2 to examine thr: appeal hled by the peti -irr ,, rs. If the said appeal fulhlls all the req:irements, respondent t.trc .l shall consider the same after issuing -rot'ices to the interestecl ]:rions, and if the said appeal has not sa tisfied the requirement,;, lhe respondent authorities shal1 pass zr reasoned order strictlr i - accordance with law and communicatr: the same to the petitiorLt rr within a period of six (6) months frorn he date of receipt of a c o rr, of this order. 3 6 With the above observations, this writ petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/-P. CH. NAGABHUSHAMBA EPUTY REGTSTRAR //TRUE COPYII SECTION OFFICER District. Department, S I etangana at Hyderabad. 1 . The Principal Secretary, Revenue 2. The Collector, (Revenue) Mahabu bnagar District, Mahab 3. The Revenue Divisional bfficer, M ahabubnagar Division, 4. The Tahsildar, Balanagar Mandal, Mahabubnaoar District. 5. two CCs to cP FOR REVENUE, High Court foi the Stat,e of Telangana at 9. 9nu CC to SRt M.DAMODAR REDDY, Advocate tOpUCI 7. Two CD Copies ubangar. Mahabubnagr Hyderabad. [OUTI at, State of Ya- To SA BS 7' /--,t1 J 14: v z a -6 l3 Fi\Y 2025 l r,t.1 D€s ", r' \. HIGH COURT DATED:261A3t2025 ORDER WP.No.9218 cf 2025 DISPOSING OF THE W.P WITHOUT CO STS. \o .eda W

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