✦ High Court of India · 11 Apr 2025

High Court · 2025

Case Details High Court of India · 11 Apr 2025
Court
High Court of India
Decided
11 Apr 2025
Bench
Not available
Length
1,132 words

Petition under Article 226 ol lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction particularly one in the nature of writ of Ir/andamus, to declare the actton of the Respondents in not implementing the orders dated .30-01-2021 passed in ST.No.195/20211Dt294412O18 by the special Tribunal Karimnagar District as illegal, arbitrary, u nconstitutional and violative of principle of natural justice and consequently direct the respondent to implement the order of the Tribunal dated 30-01-2021 duly considering the representation of the petitioner dated 02-12-2024. lA NO: 1 OF 2025 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 direct the respondent No. 2 to consider the representation. dated 02-12-2024 of lhe petitioner to implement the orders of the Special Tribunal, Karimnagar in ST.No.195/2021lDl 294412018, dated 30-01-2021 , pendrng dispcsal of the main Writ Petition. { Counsel for the Pet tioner: SRI PULIMAMIDI SHASHIDHAR REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the {ollowing: ORDER THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No. 1 1 1 10 of 2o25 ORDER: The present writ petition is filed seeking to..declare the action of the respondents in not implementing the orders dated 3O.Ol.2O2l passed 1n ST.No.195/2021lD/2944/2018, by the Special Tribunal, Karimnagar District, AS illegal, arbitrary and consequently prayed this Court to implement the said order dated

30.Ol .2024 passed by the Special Tribunal

2. Considered the submissions of the learned counsel for the respective parties and perused the record

3. It is stated that the petitioner's father late Mohd. Lal Mohammad was the absolute owner and possessor of the land to an extent of Ac. 1.O5 gts., in Sy.No.S14/E, situated at Keshavapatnam Village, Shankarapatnam Mandal, Karimnagar District, along with some other lands in various survey numbers. It is further stated that after the death of his father, the petitioner along with his family members succeeded the estate of his father and they have been in peaceful possession and enjoyment of the said lands. It is further stated that one Banda Kanakaiah started interfering with the possession of the petitioner stating that he is I i l 2 the owner of t re land to an extent of Ac.O.2O gts., in Sy.No.514/E and the revel.r rle authorities, without issuing anv nc,tice to the petitioner, have incorporated his name in the pahanies based on the proceedinl;s No.B/1750/2OOS, dated 28.09.2OO7 Aggrieved thereby, r he F (,titioner has filed an appeal under .Secl on 5 (5) of the Telangana }tights in Land and pattadar passbooks Act, r97r (for short "the ROR Act, 197 7"1 on the hle of responlent No.3_ Revenue Divisi.::ral officer seeking cancelation of the aitegecl 13-B ' and 13-C certi lcates issued in favour of Banda Kanal.:aiah. It is further stated tLLat pending adjudication of the said ap1.ea1 on the f,ile of responde:t No.3, the ROR Act, 1971 has been repealed and replaced rvith the Telangana Rights in Land ar_rd pattadar Passbooks Act, 2O2O (for short ,,the ROR Act, 20:20,,) and after promulgation c f the ROR Act, 2O2O, Special Tribu rals were constituted i. t.r'ms of Section 16 (i) of the Act, 2o2o and the said appeal pending on the file of respondent No.3 u,as trar: sferred to the Special Trib:nal, ulde ST.No. tgs/2O2t/D/2944 12018 and the Special Tribunal, uide its order dated 3O.Ol.2O2l, can:elled the 13-B and 13-C r:,:rtificates issued by respondent No.4 in favour of Banda Kanakairrtr uid.e File No.B/175012005, dated 2ti.Og.2OOZ ald further direr ted respondent No.4 to restore the originirl entries. The case of the petitioner is that despite the orders being passed by 3 the Special Tribunal and submitting an online application in Dharani portal uide No.RC21O0O06788, dated 21.09.2027, the respondents have failed to implement the said order dated 3O.Ol.2O2l by carrying out necessa{/ correctio.ns in the revenue records. The grievance of the petitioner is that in view of not implementing the said order dated 3O.O7.2O2L passed by the Special Tribunal and not carrying out necessary entries in the revenue records, the pattadar passbooks have not been issued to the petitioner under the provisions of the Act, 2O2O and as a result ! \ which, the petitioner is unable to receive various incentives I sanctioned by the Go'rernment as investment subsidies.

4. In view of the aforesaid submissions, since it is stated that the Special Tribunal, uide its order dated 30.Ol.2O2l has cancelled the 13-B and 13-C certiltcates issued by respondent No.4 in favour of Banda Kanakaiah uide File No.Bl1750/2005, dated 28.O9.2OO7 and further directed respondent No.4 to restore the original entries and the petitioner has also frled an online application uide No.RC21O0006788, dated 2l.Og.2o2l seeking correction of the entries in the revenue records, this Court is of the opinion that ends of justice would be met if the respondents are directed to consider the aforesaid online application submitted by the petitioner and implement the order dated 3O.01.2021 passed by 4 /1 : the Speciai Tritrunal, by carrying out necessary correclions in the revenue recorcs, after issuing notice to all the interest ed/affected persons, rvithirr a period of two (02) months from thr: da e of receipt of a copl. of this order,.

5. With the aforesaid directions, this Writ Petition s disposed of. As a seqrr,:l, miscellaneous applications pending ir- any, shall stand closed. No costs. /iTRUE COPY// SD/- K SREE IiAMA MURTHY EPU I-Y REGISTRAR: \R \ SE( TION OFFICER f The Principal iecretary Revenue Depa(ment, Secr8tariat Hyrlerabad, State of Telangana. The District Cr:llector, Karimnaqar. Karimnaoar District The Revenue [)ivisronal Officer] Karimnagarl Karimnagar Dist ict. The T,ahsildar, lhankarapatnam Mandal, Karimnagar Dist One CC to SRI PULIIVAMIDI SHASHTDHAR REDDY Ad'uoca e [OpUC] Two CCs to Gr FOR REVENUE, High Court for the State of lelangana, at Hyderabad [OUT] Two CD Copies 6 To 1 2 3 4 5 6 7 PSK. I]S HIGH COUR-T DATED:1 110t112025 ORDER WP.No.11110 ot 2025 DISPOSING I)F THE WRIT PETITION WITHOUT COSTS q or4' { Z-* I I I I I I i:- ?ti : ;l 2[5 (n ( z a * -t-- / ,,r 1flt.{!

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