✦ High Court of India · 17 Mar 2025

High Court · 2025

Case Details High Court of India · 17 Mar 2025
Court
High Court of India
Decided
17 Mar 2025
Bench
Not available
Length
1,183 words

Judgment

1. State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 3 4 5 6 7 The District Collector, Bhadradri Kothagiidem District. The Revenue Divisional Officer, Paloncha, Bhadradri Kothagudem District. The Tahsildar, Aswaraopet Mandal, Bhadradri Kothagudem District. Paluri Sa.tyanarayana, S/o. Late Appa Rao, Rl/o. H.No.10-l-68, K.N. Road, gpq .fnq![nuQ!umurupadu Church, Tadepailigudem Mandal, West Godavari District- 5341A2. Paluri Venkata Laxmi, Wo. Satyanarayana, F/o. H.No.10-1-6g, K.N. Road, opp. Thallmudhumurupadu Church, Ta-depalligudem lvlandal, West Godaviri District- 534102. S.anku Naga Lalitha Kasi Viswa Kumari, Wo. pullaiah Naidu, Ri./o. Vedhanthapuram Village, Awaraopet Mandal, Bhadradri Kothagudem District. ,..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, order or direction, more particularly one in the natuie of writ of Mandamus, declaring the action of the respondents 2 to 4 in not cancelling the pattadar pass books and title deeds pertaining to agricultural lands ('l ) in an extent of Ac. 1.25 guntas of sy.No.i08/A (2) in an extent of Ac. 5.11 guntas of Sy.No.108/AA (3) in an extent of Ac. 3.'10 guntas of sy.No.i09/1 t1 (4)inin extent { ?9._slntas of Sy.No.109/2AAli (5) in an extent of Ac .10.30 guntas of 9f tg 1 sy.No. 110/A/1 (6) in an extent.of Ac. 7'.26 grnt". ot Sy.No.1r z b"r"ni, ioitt respondent, agriculturat land (1) in an extent it ec.q.z,t guntas of Sv.r.f". iOzln iZl in an extent of Ac. 0.30 guntas of Sy.No.114l2 (1) in an extent of Ac. 3.28 guntas ol sr \g 114r2E berongs to 6th respondent exrent of Ac. 19.23 guntas of Sy'No' 1 l6/1 berongs to 7th respondent, situaied in Usirragudem virage, Aswaraopet Mandar, Bhadradri Kothagudem oistrict in-spite "i.irit"Ji,"" rrirlo by the 4th respondent intimating that no fire is avairabre pe(aining to the same, vide proceedings Rc.No.B/ggr2o24, dated. r2t0it2o24 as iregar, arbitrary, violative of the provisions of RoR Act and arso viotative or tne"provisionJ or Regulation 1r7o and further arso viorative of- Articres 14, 21 and 300-4 of constitution of rndia and consequenay direct the resfonoents 2 to 4 to cancer the pattadar pass books and tifle deeds issued by the 4th respondent pert"ining to ihe above stated schedule lands "ni in "n lA NO: 1 OF 2024 petition under section-151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, tn""High court may u" p[r."0io"a]*"t the respondents 2 to 4 to take appropriate f"urther action for cancelation of Pattadar pass Books and rire Deeds pertaining to irre agricuttuirr rr"i.'iiji" ," extent of Ac. 1.25 gunras of sy.No.10B/A (2) i"n an extent of Ac 5..r 1 sl;tu. or Sv No l0B/AA (3) in an extent oJAc. s. r o gu.tas oi sv.tto. t osir n l+,1 in"r.'"iL", i_?9.suntas ofSy.No.109/2AAtt 151 in an exient ornc. rb.ro guntus ot :fl: sy.No. 110rAr1 (6) in an extent.of Ac. r'.26 grrt* or sy.ruo.itz i"r".isr"i"ith respondent, agricultural .and (1) in an extent it ec.+.Zl guntas of Sy.tto. iOZie 1Zy in an extent of-Ac 0.30 guntas of Sy.No.1.14l2 tSl in ,n extent of Ac. 3.28 guntas ol s] ryg 114r2E berongs to 6th respondent extent of Ac. .19.23 quntas of Sy.No 116/1 betongs to 7th responOunt, .iirui"J; U;;;;r#;";;:;", Aswaraopet ,Vlandal, Bhadradri Kothagudem Oltnct in pursuance of the representation dated. 2110212024, pending disposal of writ petition Counsel for the petitioners: SRl. KR]SHNA KISHORE KOVVURI Counsel for the Respondent Nos.1 to 4: Gp FOR REVENUE Counsel for the Respondent Nos.S to 7: SRI GVS GANESH The Court made the following: ORDER "niin "n a THE HON'BLE SRI JUSTICE C. V. BHASXAR REDDY WRIT PETITION No. L2242 of2024 ORDER: . This writ petition is filed seeking to declare the action of respondent Nos.2 to 4 in not cancelling the pattadar passbooks and title deeds pertaining to agricultural lands admeasuring Ac.l.25 gts., in Sy.No.1OS/A, Ac.S.11 gts., in Sy.No.108/AA, Ac.3.10 gts., in Sy.No. 109/1/1, Ac.1.38 gts., in Sy.No. 109/2AAl1, Ac.10.30 gts., in Sy.No. llOlAll' Ac'7'.26 I gts., in Sy.No. 117 belongs to respondent No.S; land admeasuring Ac.4.2L gts., in Sy.No.107/4, Ac.0.3O gts', in Sy.No. 114/2, Ac.3.28 gts., in Sy.No. 11412E, belongs to respondent No.6 and land admeasuring Ac. 19.23 gts', in Sy.No.116/ 1, belongs to respondent No.7, situated at Usirlagudem Village, Aswaraopet Mandal, Bhadradri Kothagudem District, inspite of clarilication issued by respondent No.4 intimating that no file is available pertaining to the same, uide Rc.No.B 199 12024, dated 12.02-2024, as illegal, arbitrary and for appropriate reliefs.

2. Considered the submissions of the learned counsel for the respective parties and perused the record. I 4i \ 11 CVBR, JI wo 12242 ZO24-l I i the said sole ground of the petitioners having an eflicacious remedy, the writ petition is liable to be dismissed' I i 1 I

5. At this juncture, Iearned counsel for the petitioner has stated that aggrieved by the order dated 13'11'2O24, passed in LTR Case No.lll2O24lASPT, by the Special Deputy Collector' the petitioners have already liled an appeal uide C'M'A'No'8 of 2025 on the file of the Additional Agent to the Government' Bhadrachalam and the same is pending for adjudication'

6. In view of the above, since it is stated that the petitioners j have alread-y hled an appeal uide C.M.A'No'8 of 2O25 on the filel of the Additional Agent to the Government, Bhadrachala- ""q thesameispendingforadjudication,thereliefsoughtforinthis writ petitiorr seeking cancellation of pattadar passbooks issued to respondent Nos.S to 7 in respect ofthe subject lands, pending adjudication of the said appeal, is misconceived and is liable to be dismissed 7 . Accordingly, the writ petition is dismissed' However' the' Appellate Authority is directed to dispose of the said appeal independently, by duly applying its mind to the facts and material available on record and without being influenced by the I i 7 ' i 5 CVBR, J wp_12242_2024 order passed by this Court and pass a reasoned order and communicate the same to the petitioners, as expeditiously as possible. i As a sequel, the miscellaneous petitions pending, if i any, shall stand closed. No order as to costs. //TRUE COPY' SD/. T.TIRUMALA DEVI EPUTY REGISTRAR SECTION OFFICER To,

1. One CC to SRl. KRISHNA KISHORE KOWURI 2. One CC to SRI GVS GANESH Advocate [OPUC] 3. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana. ate [OPUC] louTl

4. Two CD Copies KKS M-- , I i I I I I I HIGH COURT CVBR,J DATED:1710312025 51AI€ o .r€ ts \\.\\ Tt6 o .l' + q, t :) 3 I k:: ORDER WP.No.12242 of 2024 DISMISSING THE WRIT PETITION WITHOUT COSTS -.( .\ ,tb

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