The High Court · 2025
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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 ofie ln the nature of writ of Mandamus, declaring the action of the respondents in not rectifying the revenue records in connection with the petitioners agricultural property situated in sy No. 351tN44t1t1 to an extent of Ac.0.04 gts each petitioner situated' at peruvancha Village of Kalluru Mandal, the application of the petitioners dated zytxgt2olg and also the directions given by the '2nd respondent vide Rc no' E4t862-66t2020 dated 28tO7l2O2O is illegal, arbitrary and against the principles of natural iustice and also violative of Articles 14, 19,21and 300-A of constitution of lndia and @nsequently direct the 4th respondent to rectify the revenue records and added the land Ac.0.004 gts into the petitioner pattadar passbook in connecti()n with the land in Sy. No. 3s1lN44t1/1 by considering the representation of the petitioners dated 28to7l2o2o in the interest of justice. lA NO: I OF 2020 pertition under Section 151 CPC praying that in the circumstances stated in the affidervit filed in support of the petition, the High Court may be pleased to direct the respgndents particulady 4th respondent to rectify the revenue records to an extent of Ac.0.04 gts in Sy No. 351tN4411/l each petitioner situated at Peruvancha Village o.i Kalluru Mandal, Khammam District by considering the application dated 20.09.2019 of the petitioners, pending disposal of the main writ petition. Gounsel forthe Petitioners: SRI KONDAPALLI SYAM SUNDER Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E. ORDER: This writ petition is filed with the following prayer: ";ti;-;i 'to issue a writ order or Direction more partiantarlg one In the nature of Wit of Mand.amus declaing tl, "t ;1* respondents in .not rectqfging the i.u"nu" ,"iori" co nne ctio n wit h t he p etitio ii r s" as iattt"r"i i iip "ii-"ii"r" i in Surueu No 351/ A/ 44/ 1/ 1 to an ertent oi e.-oi'j ;;;;".; petitioner situated at peruuancha vittage or xaui.ru-;i;n;;; tle apptication of the petitioners dated bOt\gT-iolg and. at^so the directions .qiuen bu the Zni' ;:;;iL;"* ;;;; Rc.No.E4/ 862-66/ 2o2o dated 28/ 07/ 2o2o ;-ilb;;i'"iUui#, and aqainst the pincipres of naturar.iuqtice "ia iao uioratiil of Articles 14, 19, 21 ana ioo_e ,f C""sidrton;i;;;i;-;;; consequentlu dire-ct the 4th respond.ent to rectify h*;;;;;; records and add the tand. Ac o-o4 gts into"ire petitioner pattadar passbook in connection uriti, th. tand in Sg No 351/A/44/ 1/ I blt considerins ltle npr""iit"tiii ;; ;;; petittoners dated 28/ OZ/ 2O2O in the inteiest-iyiu"d"""
2. Heard the learned counsel for the petitioner and the learned Assistant Government pleader for Revenue. 3. Learned counser for the petitioner submits that the petitioners are the absolute owners of the suhject property. They were issued pattadar passbooks and title deeds, and their names were duly mutated in the revenue records. while the matter stood thus, one Mamidi Mariyamma illegafly encroached upon an extent of Ac.o-04 guntas of the petitioners, land and, by misrepresentation, obtained pattadar passbook from the revenue I i i ! I I I i i l ; 1 ! i i I a , a i' .l i, t t tI; 2 authoiities. After securing such patta, she started interfering with th.e petitioners' possession and causing disturbance to their agricultural operations. It is the case of the petitioners that has no right, title or interest over the said propert5r, which lawfully belongs to them, and her illegal acts are causing serious hardship. Consequently, the petitioners approached the revenu(: oflicials and submitted an application dated 2O.O9.2O19 narrating the facts and requesting deletion of the illegal entry made irr respect of Ac.O-04 guntas in Survey No35a/A/aa/L/1. In response, tfre respondent No.2 issued directions to respondent No.S uide proceedings Rc.No.B41862-66/2O2O, dated
28.07.2020. However, till date, no action has been taken by 3.a l€ft with no other option, the petitioners this Court by filing this writ petition seeking appropriate orders.
4. karned Assistant Government Pleader for Revenue submits that the petitioners have an alternative remedy to redress their grievance and that they cannot seek relief merely by filing an application without establishing their claim of title. It is further submitted that the claim of the petitioners, if pursued, will be considered strictly in accordance with law. l i i i I L I: J :
5. Having heard the learned counsel for the petitioners and the learned Assistant Government pleader for Reveh;*e, and. upon perusal of the material available on record, this court deems it appropriate to direct 3.d respondent to consid.er the petitioners, application dated 2o.og.2olg in the tight of the proceedings issued by respondent No.2 in Rc.No.E4 /g62-66/2020, datgd 28.o7.2o2o. The respondent No.3 shall verify the claims by putting rtll ndcessary parties on notice and thereafter pass appropriate orders strictly in accordance with law as expeditiously as possible, preferably with a period of twelve (12) weeks from the date of receipt of a copy of this ord.er.
6. with the above directions, this writ petition is disposed of. No order as to costs. : As a sequel, miscellaneous applications pending in this petition, if any, shall stand closed. r-,\.F-a"'rl#r'-'- -r.. 5U/. SRI M."JAWAHAR ASSISTAI,IT //TRUE COPYII SECTION OFFICER
1. The Pd secretary, Tfre State of relangana, The state of retangana Revenue _ P.epqrtment Secretariat, Hyderabad 2. The District Collector, Khammam District, Khammam 3. The Revenue Divisional Officer Kalluru, Khammam Ostrict 1. Ihe Tahsildar, Kalturu Mandal, Khammam District 5. One CC to Sri Kondapaili Syam.Sunder, nOvocaie tOpUCI 6. Two ccs to Gp for Rbvenu6, High court roi ttre S[ai- oiraangana, at 7. Two CD Coiies Hyderabad [OUT] To, TJ BM \ \ HIGH COURT DATED:0310812025 ORDER WP.No.15767 of 2020 THE S t f i :-) 1 6 r[8 'il26 z * DISPO$ING OF THE WRIT PETITION 0 Ae w.