High Court · 2025
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Petition under ArtiQle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed theirewith, the High Court may be pleased to issue sq-ch appropriate writ or direction more particularly in the nature of Writ of Mandamus declaring the inaction of the 4th Respondenf in considering and disposing the representation of the Petitioner dated 0610212025 in pursuance of orders of Respondent No.2 dated 2210712019 as being illegat, arbitrary and unlawful and cohsequently, direct the 4th Respondent to consider 4nd dispose the representation of the Petitioner dated 0610212025. lA NO: 1 OF 2025 Petition under Section 15'1 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 4th Respondent to consider and dispose the representation of the Petitioner dated 06 02,2025. Counsel for the Petitioner: M/s. L.VANI Counsel for the Respondent Nos.1 TO 4: SRI L.RAVINDER REDDY, AGP FOR REVENUE Counsel for the Respondent Nos.S & 6: - The Court made the following: ORDER ----7 HON'BLE SRI JUSTICD C.V. BHASKAR REDDY WRIT PETITION No.10599 of2025 ORDER: This writ petition is filed praying this Court to declare the action of respondent No.4 in not considering and disposing of the petitioner's representation, dated 06.02.2025 i., p.r.".r.1.r.. of the order, d.ated, 22.02 .2O 19 passed by respondent No.2, as illegal, arbitrary and unlawful and consequently, prayed for other appropriate relie[s.
2. It is stated that the petitioner is the owner and possessor of the land admeasuring Acs.2.23 guntas in Sy.No.261/A, situated at Somaram Village, V.Saidapur Mandal, Karimnagar District, having purchased the same through sadabainama, dated 25.O6. 1986. It is further stated that alter conducting enquiry, ,n: said sadabainama was regularised uide Proceedings No.Bl1789 12005/ROR, dated 09.O7.2OO9 and issued the Certificates under Sections 13-B and 13-C of the Telangana Rights in Land and Pattadar Passbooks Act, lg7l (for short "the ROR Act, 197l") and the Rules made thereunder. It is further stated that questioning the said certihcates, respondent No.5 herein filed an appeal under Section 5-B of the ROR Act, )971 before respondent No.3 uide Appeal 2 CVBR, J wp_ 10599 2025 No.D/369O/201O and the said appeal was disposed of on 22 .O9 .2O 12 directing both the parties to approach the competent civil Court to find out the gemiineness ol.their rights over the subject land. It is further stated that aggrieved by the said orders, respondent No.5 herein filed a revision under Section 9 of the ROR Act, 79Zl before respondent No.2. Bv an order, dated 22.O2 .2019 utd.e File No.D t / 5369 I 20 12 , respondent No.2 disposed of the said revision setting aside the validation of the sadabainamas executed in favour oI the petrtloner and respondent No.5 herein and remitted rhe matter for conducting de novo enquiry. It is further stated that thereafter, respondent No.6 herein made a representation, dated O8.O8.2O24, requesting to delete the name of the petitioner in Dharani records in respect of the subject land and acting on the said representation, respondent No.4 issued proceedings, dated 3O.OT.2O24, recommending to enter the name of the originai pattadar. The grievance of the petitioner is that respondent No.4 has partly implemented the order to record the name of the original pattadar in the revenue records but he has not complied with the order passed by respondent No.2, whercin he was'directed to conduct d_e nouoenquiry over the rrght and ti[le ",. 3 CVBR, J Wp 10599 2025 of the petitioner and respondent No.5. Hence, this writ petltton
3. Considered the submissions made by the learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 4 and with their consent, this writ petition is being disposed of at the admission stage. In view of thc nature of relief sought for in this writ petition, issuance of notice to'the unofhcial respondents is dispensed with.
4. As seen from the record, the order passed by respondent No.2 in File No.D1l536912012, d,ated 22.07.2O19 would show that while setting aside the validation of the sadabainamas executed in favour of the petitioner and respondent No.5 herein, they are permitted to put forth their cldims before respondent No.4 and respondent No.4 is directed to conduc[ de nouo enquiry duly taking into consideration of the documents produced by the petitioner and respondent No.s herein and pass appropriate orders.
5. In view of the above and since it is stated that respondent No.4 has not conducted a detailed enquiry in tcrms of the I I 4 CVBR J wp 10599,2025 orders passed by respondent No.2, this Court is o[ the opinion that ends of justice would be met if respondent No.4 is directed to conduct de nouo enquiry strictly in terms of thc orcler, dated respondent No.2 in File
22.07.2019 passed by No.Dl/5369/2012 and after considering the documents filed by the petitioner and respondent No.5 herein, pass a reasoned order in accordance with the provisions of the ROR Act, 197 1 , within a period ol three (03) months from the date of rr:ceipt of a copv of this order.
6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs
7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/. A.V.S. PRASAD DEPUTY dCCISTNAR SECTI6N OFFICER Il.: Il,l:,f rl gecretary, Revenue Department, Secreta riat Buitdin g, Hyoeraoad. Ielangana, State of Telanqana. I he {oint Collector, Karimnagar DistricI. The Revenue Divisionar offiier,. Huzurrabad Division, Karimnagar District. The Tahsitdar. Sa idaour tvlandat, H uzurrioia-oiriiion x Jrir"ii* D;i;;i Telangana State. One CC to M/s. L.VANI, Advocate IOpUCt Two CCs to GP FOR REVENUE, Hign Colrt for the State of Telangana, at Hyderabad. IOUTI Two CD Copies To 1 2 3 4 t) 7 I'SK. HIGH COURT DATED:0910412025 ORDER WP.No.10599 o12025 t:Tt-(] t_ +. /, .$ .\N i ?-' )t \ \ l,'.x l:!) lr.' \,':; \. .,.\ a,'-. .\:: DISPOSING OF THE WRIT PETITIOf'.I WITHOUT COSTS q "/