✦ High Court of India · 27 Mar 2025

High Court · 2025

Case Details High Court of India · 27 Mar 2025
Court
High Court of India
Decided
27 Mar 2025
Bench
Not available
Length
1,744 words

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDOY WRIT PETITION NO: 9 343 0F 2025 Between: ^ 1 . Goda Laxmi, W/o. Late. Goda Sairam, D/o' Late Bera Pochaiah' Occ Aqriculture, Aged 50 years, FUo. H'No' a-1o0/-2]'th"p;; vill;G' Armooi Mandal, Nizamabad District.

2. Berc Raiu Bai, D/o. Bera Pochaiah, Aged -5J ' Hil. il.i"; +--loolzlcn"prrvittage, Arnbor Manilal, Nizamabad District 3. Thummala Paramjyothi, Wo' Thummala Ganoadhar' D/o' Bera pochaiah Aaed 42 vu'i'.i, OiI. e-ovt-Empioiee, R/o. H.lio. 4-100/2, Chepur Viltige, Arm*oo r Maridal, Nizamabad District' 4. Bera Aiay, S/o. Bera Mohan, -{Oe{ p!..years, Occ' Student' RJo H No 4- - idoiz',bi6pw vittrge, Armooi Mindal, Nizamabad District' years' Occ .Head. Constable' -Latg- ,..PETITIONERS ANO 1 2 J 4 5 6 7 8 o The State of Telanqana, Rep by its Principal Secretary' Revenue Department' Secretariat, Hyderabad, Telangana State. The District Collector, Nizamabad District. The Revenue Divisional Officer, Armoor, Nizamabad District' The Tahsildar. Armor Mandal, Nizamabad District' Executive Enqineer, Mission Bhagiratha H'N0'6-3-2 521 N 4'l Balapur Basthi' Banjara Hills liYderabad T.S' The Station House Officer, Armoor Police Station, Nizamabad District' Sunkaoaka Ravi, S/o. Late. Sunkapaka Mallaiah Aged a8 vears Occ VDC F;;ffi#U;.i;ri,iii,ri,i.,'iv.l"ri:iii. a€iii; chepuivirtase, Armoor Mandar' Nizamabad District.-503224. Jorioe Naveen, S/o. Nadpi Gangadhar, Aged 42 years' Occ VDC.Convenor ffits;;Jilrd, H6 i:N5 +-t5ib-trepirrViihse' Armoor Mandal' Nizamabad District. .-5O3224. Posha Goud, S/o. not known to petitioners, Aged..45 vears' Occ VDC ivrl"*6"r-rl''1"hg*i,riri", Fv"".'i N-o'i-tlli, Chepii Viuagd, Armoor Mandal' Nizamabad District.-503224'

10.lnduri Sayanna, S/o, Poshanna, Aged 45 years, Occ. Ex-Sarpanch and VDC Member, Chepur Village, Armoor Mandal, Nizamabad District -503224 1 1 . Chindula Damodar, S/o. Bhooma Ganga Ram, Aged 48 years, Occ. Agriculture and VDC Member, Rt/o. H.No. 4-87l'1, Chepur Village, Armoor Mandal, Nizamabad District.-503224. l2.Kummari Sathaiah, S/o.Pedda Mallaiah Aged about. 45year Occ.Agrl and VDC Member R/o.H.N0.4-52l3 Chepur Vil6ge of Armoor-Mandal Niiambad Dist.

13..Qqqdq_Pedda Ganghar, S/o.Muthyanna Aged about.50 year Occ.Agrl and VDC Member RJo.H.N0.4-66 Chepur Village of Armoor Mandal, NiZmbad Dist. 'l4.Bijugu Yellaiah, S/o. Narsaiah, Aged 50 years, 0cc. Agriculture and VDC member, R/o. H.No.4-12315/8, Chepur Village, Armoor Mandal, Nizamabad District -503224.

15. Bairagoni_Kashi Ram Goud, S/o. Abba Goud, aged 55 years, Occ. Agrl, R/o. H.No. 4-58/2, Chepur Village, Armoor Mandal, NLamabdd District.-503=224 16.Elka Ranjit!, $/o Late. Elka Prabhakar, Aged 48 years, Occ. Agriculture Fl/o. H.No. 4-108, Chepur Village, Armoor Mandal, Nizahabad DistriCt.-503224. 17.Palamma, Wo. Venkata Swamy, Aged 47 years, Occ. Agriculture, Rl/o. H.No. 4-104, Chepur Village, Armoor Mandal, Nizamabad Distriat.-503224.

18. Komaraiah, S/o.Chinna Mallaiah, Aged about.45 year Occ.Agriculture, R/o.H.No.5-5E Chedur Village of Armoor Mandal Nizamlbad District--503224. -

19.Voyya-.Raju, S/o.Prema Nanarlim Aged about. 48year Occ. Agriculture R/o.H.N0.4-105 Chepur Village of Armoor Mandal Nizarirabad Dist.50-3224. 20. Madipally Ganga Sagar, S/o.M.Laxman, Aged about.50 year, Occ. -Nizamabad {gricultlrre, R/o.H.N0.3-132/3 Chedur Viltage of Armoor Mandal, Dist-503224. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of the respondents 2 to 4 in not taking any action on the several representations made by the petitioners, in respect of land admeasuring Ac. 6-00 Gts., out of total extent of Ac.24- 27 Gts., in Sy.No. 13/13, situated at Chepur Village, Armoor Mandal, Nizamabad District and fu(her action of the 5th and 6th respondents in not taking any action on the complaints made by the petitioners as highly illegal, arbitrary and violation of principles of natural justice, apart from violation of Article 300-A of the Constitution of tndia and consequently direct the respondents 2 to 4 to take action forthwith by conducting enquiry in respect of illegal pattedar passbooks and Title Deeds obtained by the respondents 15 to 20 against the lands of the petitioners admeasuring Ac 6-00 Gts., out of total extent of Ac.24'27 Gls', in Sy'No' 13/13' situated at Chepur Village,ArmoorMandal,NizamabadDistr.rctandfurtherdirecttheSthrespondent totakeactionforthwithonthecomplaintsmadebythepetitioners. IA NO: 10F 2025 Petitlon 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 direct the respondents 2 lo 4 lo take action forthwith by conducting enquiry in respect of illegal pattedar passbooks and Title Deeds obtained by the respondents 15 to 20 against the lands of the petitioners admeasuring Ac' 6-00 Gts.,outoftotalextentofAc.24-27Gts',inSy'No'13/13'situatedatChepur Village,ArmoorMandal,NizamabadDistrictpendingdisposalofthewritpetition. IA NO..20F 202s 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 directthe4and6respondentstotakeactionforthwithonthecomplaintsmade by the petitioners, pending disposal of the writ petition' Counsel for the Petitioner: SRI RAJ U JARPALA Counsel for the Respondent No.1 to 4: AGP FOR REVENUE Counsel for the Respondent No'5: GP FOR IRRIGATION Counsel for the Respondent No.6: GP FOR HOME The Court made the following: ORIIER /i /i ,l / ORI}ER: THE HOII'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.9343 of2o25 This writ petition is Iiled seeking following reliet "For the reasons stated above it is prayed that this Hon,ble Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of the respondents 2 to 4 in not taking any action on the several representations made by the petitioners, in respect of land admeasuring Ac. 6-00 Gts., out of total extent of Ac.24_27 Gts., in Sy.No. 13/ 13, situated at Chepur Village, Armoor Mandal, Nizamabad District and further action of the stl, & 6Lh respondents in not taking any action on the complaints made by the petitioners as highly illegal, arbitrary and violation of principles of natural justice, apart from viotation of Article 3oo-A of the constitution of India and consequently direct the respondents 2 to 4 to take action forthwith by conducting enquiry in respect of inegal pattedar passbooks and Title Deeds obtained by the respondents l5 to 20 against the lands of the petitioners admeasuring Ac. 6-O0 Gts., out of total extent of Ac.24_27 Gts., in Sy.No. l3/ 13, situated at Chepur Village, Armoor Mandal, Nizamabad District and further direct the sft respondent to take action forthwith on the complaints made by the petitioners and pass such other order or orders as this Hon'ble Court may deem frt and proper in the circumstances of the case."

2. It is stated that petitioner Nos.l to 3 are the daughters and 4th petitioner is t].e grandson of Late Sri Bera pochaiah. It is further stated that the said Bera Pochaiah succeeded 2syo share out of the total extent of land which comes to Acs. 6.00 guntas, out of totar extent or Acs. 24.2T guntas. It is further stated that the petitioners, who are the legal heirs of the said Bera Pochaiah have succeeded the said property i.e., Acs. 6.OO guntas in Survey No'13/13, situated at chepur vilage, Armoor Mandal, Nizamabad District (for short, 'the subject randJ- It is further stated rhat respondent Nos.rs to 2o in coflusion with respondent Nos.7 to 14 have lega[y obtained pattadar t 1 I I i i I I i I I i 2 CVBR, J W.P.No.9343 of 2025 passbooks and title deeds in their names against the subject land of the petitioners. The grievance of the petilioners is that they made complaints to the 5th respondent and several representations to respondent Nos'2 to 4 to conduct survey in respect of the subject land and to fx the boundaries' but no action has been taken on the said representati'ons by respondent Nos'2 to 4. Hence, the present writ petltlon' a Considered the submissions made by the learned counsel for the their consent, this writ petition is disposed of at the parties and with admission stage.

4. Learned counsel for the petitioners contended that ttre names of the predecessors-in-interest of the petitioners were recorded in the pahani of of the land admeasuring to an extent of and since then, theY were in land and considering the long the year 1964-65 Acs. 24.27 guntas in respect in SurveY enjoyment and Possession of No.l3/ l3 the said Government also granted an possesslon AS Shivayi Jamadars, the assignment and also issued pattadar passbooks in favour of them' It is further contended that the petitioners were assigned the subject land in terms of the asstgnment policy laid down by the Government under G.O.Ms.No. 1406 dated 25.O7 ':9sa and pattadar passbooks were also issued to the petitioners under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 197 1 and Rules made thereunder' CWR,J W.P.No.9343 of 2O2S

5. Learned Assistant Government pleader for Revenue appearing for respondent Nos'l to 4 contended that the petitioners have neither frled any document in support of their craim nor filed any pahanies from the year 1965 onwards to show that as on the date, they are in possession of the subject land and in the absence of any document in support of their case, the present writ petition filed by the petitioners seeking a direction to respondent authorities to consider their case is misconceived and is liable to be dismissed. { i I I I I i : i I I I

6. In view of the above submissions, this Writ petition is devoid of merits and the same is dismissed. However, if the petitioners are having any document in support of their claim to prove that they are in possession of the subject land, they are at liberty to make a representation on the hle of the 2nd respondent-District collector with regard to their grievance and on such representation being filed, the 2nd respondent shau consider the same and pass appropriate orders, in accordance with law. Miscellaneous applications pending, if any, sha[ stand closed. There shall be no order as to costs. //TRUE COPY// SD/.P.PADMANABHA REDDY EPUTY REGISTRAR SECTION OFFICER _J The District Collector, Nizamabad District. One CC to SRI RAJU JARPALA, Advocale tOpUCl , REVENUE' Hish court for the State of retangana at Iffi"93:J"t""afnFoR Iffi"8ff.i%ffi FoR HoME' High court ror the state or reransana at Iffi":"";Ji3,i.ioR IRRIGATION, Hish court for the state of retangana at Two CD Cooies i i To, 1 2 3 4 5 6 HIGH COURT DATED:2710312025 ORDER WP.No.9343 of 2025 ij2$JiULffi25 \..1:i.+J. ,l , rEg ,:.\ '., -, r.-', I i / DISMISSING THE WRIT PETITION, WITHOUT COSTS q//

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