Yanugu Veeranjaneya ReddY v. 1- The State of Tetangana
Case Details
Acts & Sections
4. The Tahsildar, Aswapuram Mandal Bhadradri Kothagudem District' 5. Smt. Kesari Vipula, W/o K.Jayasimha Reddy F/9 No. 10-181, Conductor colony Sarapaka, Mothepathihagar, Bhadradri Kothagudem District' ...RESPONDENTS Petition under Article 226 of the constitutron of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents-2 to 4 in not issuing pattedar pass book to the petitioner in respect of land admeasuring Ac. 2.00gts in sy- No. 1gol22lN1 situated at Nellipaka village, Aswapuram [Vlandal, Bhadradri Kothagudem district duly cancelling the patta pass book issued to the Sth respondent as illegal, arbitrary, unjust, unreasonable and contrary to Law and consequently direct the respondents-2 to 4 to issue pattadar pass book to the petitioner in respect of the land admeasuring Ac. 2.00gts in Sy. No.190/22lA/1 situated at Nellipaka village, Aswapuram Bhadradri Kothagudem district by cancelling the pattadar pass book to the 5th respondent duly considering the representation of the petitioner dared 22r1012024 in the interest of justice Ma ndal, issued lA NO: 1 OF 2o25 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents-2 to 4 to issue pattadar pass book to the petitioner in respect of land admeasuring Ac. 2.00gts in sy. No. 1gor22rN1 situated at Neripaka virage, Aswapuram Mandar, Bhadradri Kothagudem district dury considering the representation of the petitioner dated 22-10- 2024 in the interest of justice pending disposal of the above writ petition. Counsel for the petitioner :SRl. D RAMAKRISHNA Counsel for the Respondents: Gp FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.1O282 of 2o25 ORDER This writ petition is hled seeking to declare the action of respondent Nos.2 to 4 in not issuing pattadar passbook to the petitioner in respect of land admeasuring Ac.2.00 gts., in Sy.No. 190/22/A/ l, situated at Nellipaka Village, Aswapuram Mandal, Bhadradri Kothagudem District, duly canceliing the patta passbook issued to respondent No.S, as illegal, arbitrary and consequentiy prayed for other appropriate reliefs.
2. Considered the subnrlssions of the learned counsel for the respective parties and perused the record
3. It is stated that petitioner's father was the owner and possessor of the land admeasuring Ac.6.0O gts., in Sy.Nos. 19Ol22lAl 1, 73/AllA/ l, 251/2, situated at Nellipaka Village, Aswapuram Mandal, Bhadradri Kothagudem District. It is further statei that the petitioner's father executed a gift settlement deed dated 1 1.05.2005 in favour of his 3 children, i.e., the petrtioner (son) and 2 daughters, giving two acres each. It is further stated thal respondent No.5, who is the elder sister of the petitioner, taking advantage of the petitioner being minor, 2 CVBR. J Wp_10282 2025 has fraudulently implemented the land admeasuring Ac.2.00 gts', gifted to the petitioner by his father, in his favour. It is further stated that the petitioner,s father has also executed an unregistered will deed dated 24.03.2O2I in lavour of the petitioner in respect of the entire property admeasuring Ac.6.00 gts. Thus, the case of the petitioner is that as per the will deed dated 24.03.202 1 executed by his father, he is entitled for totar extent of Ac.6.oo gts and as per the gift settlement deed dated 11.O1.2005, he is entitled for Ac.2.00 gts. The further case of the petitioner is that the respondent authorities without taking into consideration of the alleged will deed and the settlement deed executed by his father, has mutated the land admeasuring Ac.2.00 gts., in Sy.No.190/22 /A/ l, in the name of respondent No.S and consequently issued pattadar passbook. Therefore, questioning the mutation and consequential issuance of pattadar passbook in the name of respondent No.5, the petitioner has made an application on the file of respondent No.2-District Collector and respondent No.2 has directed respondent No.4_Tahsildar to conduct detailed enquiry on the representation submitted by the petitioner for cancellation of pattadar passbook issued in favour of respondent No.S. The grievance of the petitioner is that despite the direction of 3 CVBR, J Wp_10282 2025 respondent No.2, respondent No.4 did not act the same till date Hence, the present Writ Petition
4. Admittedly, it is the case of the petitioner that the property.to an extent of Ac.6.0O gts., stands in the name of the ( petitioner's father and during his life time, he has executed a will deed in favour of the petitioner in respect of total extent of Ac.6.OO gts., as weil as a settlement deed in favour of his three children giving two acres each, i.e., the petitioner is allotted only to an extent of Ac.2.00 gts. Therefore, as per the will deed, the petitioner is entitled for an extent of Ac.2.00 gts and as per the settlement deed, he is entitled for Ac.6.00 gts.
5. Reading of the contents of the afhdavit and the documents enclosed in support of the claim of the petitioner would reveal that there are family disputes with regard to devolving of the property of late father of the petitioner in favour of the chiidren. Since the said disputes are covered under personal laws, this Court deems it appropriate to dispose of the writ petition granting liberty the petitioner to approach the competent Civil Court and seek appropriate relief, in accordance with law.
6. Accordingly, this Writ Petition is disposed ol t \ 4 CVBR, J Wp_10282 2025 - As a sequel, the miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs //TRUE COPY' SD/.A. PRATHIMA UTY REGISTRAR ECTION OFFICER To,
1. The Principal Secretary Revenue Department Secretariat, Hyderabad, The State of Telangana.
2. The District Collector, Bhadradri Kothagudem District. 3. TheAdditionar colector, c/oThe District colector Bhadradri Kothagudem
4. The Tahsildar, Aswapuram Mandal Bhadradri Kothagudem District. 5. One CC to SRt. D RAMAKRTSHNA Advocate tOpUCl 6. Two CCs to Gp FOR REVENUE ,High Court for the State of Telangana. tOUI]
7. Two CD Copies =rq HIGH COURT DATED:04t0412025 ORDER WP.No.102B2 of 2O2S E SiA H1 r6 Ro ( .\ llJE 206 ii 22 \i-"- \-o- \.', \i:.:'-___-i.--- DISPOSING THE WRIT PETITION WITHOUT COSTS \ ,)K-