Katta Venkat Reddy v. The State of Telangana

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or direction preferably Writ of [\tlandamus, declaring the present Writ Petition is being filed aggrieved.by the action of Respondents No.4 in issuing Endorsement vide No.J139712023, Dt.04.1 1.2024, rejecting the grant of ORC in. favour of petitioner in respect of land to an extent of Ac.O.1550 guntas in Survey No.632, an extent of Ac.0.2250 guntas in Survey No.632, to an extent of Ac.04.07 guntas lfi Survey No.634, an extent of Ac.04.2350 guntas in Survey No.654, situated at Dundigal Village, Gandimaisamma Dundigal Mandal, Medchal Malkajgiri, without conducting proper enquiry and without following due process of law, as illegal, arbitrary and violative of Article 300-4 of Constitution of lndia and violative of Princ:iples; of natural justice and consequentially direct the Respondent Nos. 2 to 4 to isrsue (Jccupancy right certificate in favour of petitioner in respect of land in favour o1' petrtioner in respect of land to an extent of Ac.O.1550 guntas in Survey No.632, an extent of Ac.0.2250 guntas in Survey No.632 to an extent of Ac.04.07 guntas; in Survey No.634, an extent of Ac.04.2350 gurrtas in Survey No.654, situated at t)undigal Village, Gandimaisamma Du'rdigal Mirndal, Medchal Malkajgiri, witl'out reference to the Endorsement vide No.J139712023, D1.o4.11.2024. lA NO: 1 OF 2025 Petition urrder Section 151 CPC praying that in the oircumstilnces stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Nos.2 and 3 to consider and dispose of rny representation Dt.11.12.2024, s,ubrritted in respect of land to an extent of Ac.0.'l 550 guntas in Survey No.632, an extent of Ac.0.2250 guntas in Survey No.632; to an extent of Ac.04.07 guntas in Survey No.634; an extent of Ac.04.j2350 ,3untas in Survey No.654, situated at Err.rndrgal Village, Gandimaisamma Dundigal Mandal, Medchal lValkajgiri, pendirg disposal of the writ petition in the interest of jr.rstice. Counsel for the Petitioner : SRI ANGADI MANOJ Counsel for the Respondents No.1to5: SRI L.RAVINDER, AGp FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.11732 of2O25 ORDER: This Writ Petition is filed praying this Court to declare the action of respondent No.4 in issuing Enclorsement No.J l 39Z 12023, dated 04.1 \.2024, rejecting the grant of Occupancy Rights Certilicate (ORC) in favour of the petitioner in respect of the land admeasuring Ac.O.1550 guntas in Sy.No.632; Ac.O.2250 guntas in Sy.No.633; Acs.O4.07 guntas in Sy.No.634 and Acs.O4.2350 guntas in Sy.No.654, situated at Dundigal Village, Gandimaisamma Dundigal Mandal, Medchal-Malkajgiri District, without conducting proper enquiry and without following due process of law, as illegal, arbitrary and violative of Article 3OO-A of the Constitution of India and consequently, prayed for other appropriate reliefs.

2. It is stated that the petitioner's grandfather, by name, late Katta Narayana Reddy, was the tenant of the land admeasuring Acs. 19.17 guntas in various survey numbers. It is further stated that the petitioner's grandfather expired on 25.08.2OO2 and thereafter, the petitioner's father was also expired on 29.O4.2021, and therefore, the petitioner succeeded to the land admeasuring Ac.O. 155O guntas in Sy.No.632; Ac.O.2250 guntas in Sy.No.633; Acs.04.O7 guntas in Sy.No.634 and Acs.04.2350 guntas in n I I I I l l L Z CVBR, J \N1t 11732 2025 Sy.No.654, sitrrated at Dundigal Village, GandimzLisamrne. Dundigal Mandal, l4edchal-Malkajgiri District, which was in possession of his grancfalher. It rs further stated that 3ven though the petitioner's farnily is in possession and enjoyr.nr:nt of tLre subject property, the names of one Baddam Raji Reddy ancl others were recorded in thr: revenue records from the pahaLnies for the year 1973-74. It is lurther stated that the petitioner is; entitle<[ for grant of ORC ard asi such, he made an application unCer thLe orovisions of the 'i'elangana Abolition of Inams Act, 1955 (for short "the Act") for issuance o - ORC but the same was rejected b-,. respondent No.4 stating tl: at .,arious cases are pending befort: this ( )ourt i.e., W.P.Nos.913 of 2OO2, 3329 of 2O06 and 3376 ol .2O10 and W.A.Nos. 1531 1608 of 2OO4,543 ar,d 547 of 2',027 anrl the SLP Nos.21U0!) arrd 22775 of 2022 before the Hon'ble Ape>: Court in respect of thc lands in Sy.Nos.632, 633, 634 anrl 654 ol Dur-rdigal Village uiC.e endorsement No.J 1397 12023, datecl 04 .11,.2024. Hence, this wri1. petition.

3. Considercd the submissions of the learned coltnt,,el for the petitioner anrl Sri L.Ravinder, learned Assistant Government Plea{er for Revenue appearing for respondent Nos. 1 to .'i and with their con sent. this writ petition is being dis;pose<l ,rf at the admission stalgc i a 3 CVBR, J Wp 11732 2025

4. A careful reading of the impugned endorsement woul{ show that various cases are pending before this Court as well a! the Apex Court and pending adjudication of those cases, the petitioner filed the present writ petition. If the petitioner is aggrieved and he is interested to claim any part of the land in ttie aforesaid survey numbers, it is for the petitioner to take proper steps to file appropriate application in the pending cases. pending adjudication of those cases, the petitioner,s right cannot be decided by respondent No.4 independently ignoring the claims of other persons. Therefore, this Court deems it appropriate to dispose of the writ petition, leaving it open to the petitioner to file appropriate applications in the pending writ petitions, if he is having any claim over the lands in the aforesaid survev numbers. .) With the above observations, this Writ petition is dispoSbd of. There shall be no order as to costs

6. As a sequei, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SDFA. SRINIVASA REDDY ASSISTANT REGISTRAR secrokacea To,

1. The Principal Secretary, Revenue Department, Dr. B. R. Ambedkar Secretariat Buildings, State of Telangana, At Hyderabad. 2. The District Collector, Medchal Malkajgiri District, At Medchal. 3. The Joint Collector, Medchal Malkajgiri District, At Medchal. 4. The Revenue Divisional Officer, Medchal Malkajgiri Division, Medchal

5. The Tahsildar, Gandi Maisamma Dundigal Mandal, Medchal Malkajgiri Malkajgiri District. District:

6. One CC to SRI ANGADI MANOJ, Advocate. [OPUC] 7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana 8. Two Cp Copies. E3^ rrt sirn*. - - - -*-*-&-:t?8f1x. \ 0 ,I HIGH COURT DATED:21 104t2025 'it iet-o 4'(, ,) ,i! ..) s ! -\\\ i: / I \ \ ) ORDER WP.No.11732 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS YTd /