✦ High Court of India · 25 Apr 2025

High Court · 2025

Case Details High Court of India · 25 Apr 2025
Court
High Court of India
Decided
25 Apr 2025
Bench
Not available
Length
1,056 words

1. Sri. Reddy Ram Reddy S/o. late Reddy Raji Reddy, Aged 69 Years, Occ: Farmer

2. Reddy Sathi Reddy S/o.Reddy Raji R4ddy, Aged 54 Years, Occ: Farmer 3. Reddy Srinivas Reddy S/o. late Reddy Raji Reddy, Aged 50 Years, Occ. Farmer All are residents of H.No. 1-78, Ped{akodur Village, Chinnakodur Mandal, Siddipet District, T.S ...PETITIONERS AND

1. The State of Telangana, Rep by its Principal Secretary, Revenue Department, Secretariat Buildings, Hy{erabad, Telangana State. 2. The District Collector, Siddipet, Siddipet Distrrct, Telangana State. 3. The Tahsildar & Joint Sub-Registrar, Chinnakodur Mandal, Siddipet District, Telangana State.

4. Yetla Kanakaiah S/o. Chinna Mallaih, eJo. 4-12, Peddakodur Village, I\,4andal Chinnakodur, Siddipet District. T.S - 502276.

5. Smt. Puli Devalakshmi W/o. Balaialh, D/o. Yetla Kanakaiah, No. 4-12, Peddakodur Village, tvlandal Chinnakoflur, Siddipet District, T.S- 502276. 6. Battu Kuntawa W/o. Parshayya, Rla. 4-12, Peddakodur Village, Mandal Chinnakodur, Siddipet District, T.S. - 5P2276. ...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 an appropriate WRIT, ORDER OR DIRECTION under Nlicle 226 of Constitution of lndia, more particularly one in the nature of a WRIT OF MANDAMUS and thereby a) To decrare the inaction on the part of the Respondent Authorities 3d and 4u, herein for not restoring the entries of our rate mother and petitioners herein. even after having purchased lhe said property :hrough Regd. Sale Deed No-1716/1988, such inaction of the Respondept Authorities 3.d 366 4t., herein being illegal, Arbitrary, unjust apart from being violative of the principles of natural justice besides being viola;.iv,_. of Section 11 of the Transfer of property Act, 1 gg2. b) Consequently, direct the Respondent Authorities 3,d and 4rh herein to conduct immediate expeditious ,mutation of our namo as per the sare Deed and issue the patta passbooks pertaining to the ,schedule property of the Petitioner herein. IA NO: 10 F 2025 Petition under section 151 cPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent Authorities 2nd and 3,d herein to conduct immediate expeditious restore our names in revenue records as per the sare Deed pertaining to the Schedule Property of the petitioner herein, pending disposar of the writ petition. Counsel for the petitioners: SRI p. PRASHANT Counsel for the Respondent No. 1 to 3 : Gp FOR REVENUE Counsel for the Respondent No. 4 to 6 :_-__- The Court made the following: ORDER THE HON'BLE SRI JUSTI EC.v.BH REDDY WRIT PETITIOI{ Nb.12 628of 2o25 : i ORDER; This writ petition is filed seeking fuilowing reliet "For the reasons state court mav be preased ,. ,1,:: ^tle^lccomoanring underArticrerru,r"."",,,"r,].',T;'#,f#:r::l],,n'""::T,::,J..J a WRIT OF MANDAMUS and thereby _ Aftidavrt' the Hon'ble High Authorities 3rd & 4,,, a) To declare the inacrion c herein ror not restorins ,r.ijn:T;:jT,::il::nt even a[ter having pu rchase t z t 6 / 1 s aa^uch inac,ion *.j::::in:;{*: H"'.*,.L' -l illegal, Arbitrary, unjust apart from bein* ,r.rr'"" ,, *"."r"rj;r.:::,:fi,.:: justice besides being violative of Scction , i , ,n. a*r"ar"ot eroperty Act, l gg2; b) Consequently, direct the Rr Auttrlorities 3'd and 4d' herein to conduct immediate expeditious -r,"'.:":":o:' patta passbooks pertaining r";":;'J,:i:_.il,rTI:,::::.i:::,TJ; pass such other Order or Orc proper in the facts r"o.,."r-t"',l""ll"t]:JTl::"',"h court mav deem nt and l 2' It is stated that the petitiongrs are owners and possessors of agriculture land admeasuring to an exterlt of Acs 10.09 guntas in Survey Nos.354 and 357 and Acs 3.0O guntas in fiart of Survey No.358, which is a barren land, situated at Pedda Koduru Village, Chinna Koduru Mandal, Siddipet Disrrict (for short, ,the subject propertyJ, having purchased the same through registered Sale Deed bea.i[rg Document No. 1716 of l98g dated 12'o5' 1ggg' It is further stated that the properry admeasuring to an extent of Acs- 3.OO guntas forming part of Survey No.35g was originally mulated in rhe name of the petitioners, rnother and after death of their mother in the year 2079, the names of the petitioners have not been 2 CVBR, J W.P.No.12628 of 2025 mutated. It is further stated that respondent Nos.zf tc 6 are claiming rights over the said land by virtue of a registered Sale Dt:ed bearing Document No.3176 of 199 1. The grievance of the petitioners is that in respect of the iand admeasuring Acs. 3.OO guntas, their names; rvere deleted from the revenue records u,ithoul any proceedings and the ne.mes of respondent Nos.4 to 6 were mutated in the rcvenue records. Hence, ttte present writ petition.

3. The careful examination of the contents of the affidavit would reveal that there are serious disputes between the petitioners and . respondent Nos.4 to 6 with regard tt) nature, classrification, extent and the boundaries of the subject property. The parties to this writ petition are inviting this Court to adjudicatc upon the issues re'lating to right, title, and possession of the subject property. In view of the serious disputes with regard to right, title and possession of the subject prollerty, a writ petition is not the appropriate remcdv to rcsolvc th.e inter sre disputes between the parties, especially in the absencc of examination of the documents relating to title and possession of the rcspcctive parties. The questions as to who is the rightful owner of the land in question; who is in possession of the subject property, and if so, since u,hen, how, and under vrhlt circumstances they claim to be in possession; whether such possession ce.n be regarded as legal vis-d-vis the true owner, etc., are material questions that arose for consideration in this writ petition. In my view, ther;e are pure questions of fact, which can only be appropriately addressed by eL civil court in a properly instituted civil suit, basecl on the eviclence adduced by the parties, and not I HIGH COURT // I DATED:2510412025 ': \ itL ( o S TATI 2:l tlJB zffi ;.) i) \,'J.. \.+\\\ D; \ .:r,.,.. 11;p19it_ .:l .\ .:, -1' ORDER WP.Nc,.12628 ot 2025 DISPOSING THE WRIT PETITION WI]-HOUT COSTS b

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