✦ High Court of India · 01 May 2025

High Court · 2025

Case Details High Court of India · 01 May 2025
Court
High Court of India
Decided
01 May 2025
Length
1,158 words

Petition under Articre 226 ot the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue any writ, order or direction more particurarry one in the nature of wRlr oF IVIANDAMUS decraring the action of the Respondent No.2 in not passrng necessary orders in the proceedings in fire No. D113261t2023 pending before the Respondent No-2 in respect of the petitioner's agricurturar rand in survey No B9/AA2 admeasuring Ac 01-26 gts, situated at yenkapaily viilage and Gram Panchayat, Pudur rvrandar, Vikarabad District in pursuance to the orders dated_ 09.10.2023 passed in \N.P.No.28217 /2023 by this Hon,ble court even after lapse of more than one year, as ilegar, arbitrary, unconstitutionar, unjust and vioration of principles of naturar justice and consequenfly direct the Respondent No.2 to forthwith'pass necessary orders in the proceedings in fire No. D113261/2023 pending on the file of the Respondent No.2 in respect of petitioner,s agriculturar land in survey No B9/AA2 admeasuring Ac 01-26 gts, situated at yenkapafly village and Gram Panchayat, Pudur Nlandal, Vikarabad District in compliance of the orders passed in W.P.No.2821712023, dated 09.10.2023 pending disposal of the main writ Petition in the interest of justice. lA NO: 1 OF 2025 Petition under Section I 51 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 forthwith pass necessary orders in the proceedings in file No. D11326112023 pending on the file of the Respondent No.2 in respect of Petitioner's agricultural land in Survey No 89/AA2 admeasuring Ac 01-26 gts, situated at Yenkapally village and Gram Panchayat, Pudur [Vlandal, Vikarabad District in compliance of the orders passed in W. P.No.282'1712023, dated 09.10.2023 pending disposal of the main writ Petition in the interest of justice. Counsel for the Petitioner: SRI M. A. BASITH Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BIIASKAR REDDY WRIT PETITION No.1 3922 of 2025 ORDER: This writ petition is fited seeking to decrare the action of respondent No.2 in noI passing necessary orders in the proceedings in File No.D1 /3261 /2023 pending belore respondent No.2 in respect of the petitioner,s agricultural land admeasuring Ac.l.26 gts., in Sy.No.89/AA2, siluatecl at Yenkapally Vilage, PudurMandal, Vikarabacl District, in pursuance to the order dated 09.1O.2O23 passecl by this Courr in W.p.No.282 I7 of 2023, even after a lapse of more than one year, as illegal, arbitrary ancl lor othcr appropriatc reliefs. 2 Considered Lhe submissions of the learned counsel for the respectlve parties and perused the record 3 Ir is stated thal the petirioner is rhe owner and possessor of the agricultural land admeasuring Ac.1.26 gts., in Sy.No.g9/AA2, situated at yenkapally Village, pudurMandal, Vikarabad District, having purchased the samc through registered sale deed bearing document No. l655 ol I995, dated 26. i0. 1955. It is lurther stated that the petitioner is also the owner of the o[her land admeasuring Ac.O0.20 gts., in Sy.No.89/AA, having purchased through deed bearing document No.SO2S of 2O11, dated registered sale I ). *,0-13;)],t,1 lg.12.2Ot1 and the said extent of land was mutated in the name of the petitioner vide proceedings in F No B/ ll5 l2Ol2' dated 3O O8 2O14 and pattadar 02.O4.2ol4and F No B/2 23 12014'riate<l passbook has also been issued under the provisions ol lhe Telangana Rights in Land and Pattadar Passbooks Act' 197 1 vide Passbook No 606472 It is further slated that the petitioner has made an application for issuance ol'e-pattadar passbook in respect of the subject property as per the provisions of the Telangana Rights in Larld and Pattadar Passbooks Act' 2O2O and respondent No.2 has issued e-pat[aclar passbook in rcspcct of part of ttre tan] in Sy No Sgi AA and for the remarntng admeasuring Ac O0'2O gts ' extent of la'nd admeasuring Ac l'06gts'' in Sy No 89/AA2' the application submitted by the petitioner was reiected Questioning [hc same, the petitioner has filed a wrir perition vicle W-P No 282 17 of 2O23on the file of thls Court and this Court' vide order dated respondent No 2 to issue e-pattadar passbook bv conducting enquiry lt is further staied th:ll pursuan[ lo Lhe said direct'ion' an enquiry was initiated b5' respondent No 2 vide proceeding's in File No'Dl/ 3261 l2o2g' and a notice was issued to the petitioner for appearance' hearing and examining the matter' lt is further stated that the petitioner has attended the hearing before respondent No 2 and' the matlcr $'as reserved for passing of the orders' The grievance of the petitioner is that he had Og.lO '2[23directed 7 3 CVBR, J Wp_13922_2025 given a detailed representation dated 30.O3i2025 requesting respondent No.2 to pass necessary orders forthwith in the pending proceedings in File No.Dl/3261 /2023, however, inspite of the said representation and after conducting enquiry dated 10.O2.2O24 and on subsequent dates, respondent No.2 has not passed the final order. I I

4. Learned Assistant Government pleader for Revenue appearing for the respondents submitted that in terms of the order dated 09.10.2023 passed Uj tfris Court, the matter was taken up for enquiry in File No.Dl /326112023 and as the arguments are not concluded, final orders have not been passed. He. further submitted that this case was reopened for issuance of fresh notice by respondent No.2.

5. In view of the above submission, since the earlier enquiry proceedings are not concluded, this Couri is of the view that there is nothing wrong in issuing fresh notice for conducting of enquiry by respondent No.2 and the procedure adopted by respondent No.2 does not suffer any legal inhrmities warranting interference of this Court under Article 226 of the Constitution of India.

6. Accordingly, the Writ petition is misconceived and is dismissed. There shall be no order as to costs. -:1 4 CVBR, J Wp-!3922 2025 -s As a sequel, the miscellaleous petitions pending, if any, shall stand closed. //TRUE COPY// SD/-T. SRIDEVI STANT REGISTRAR \l SECTION OFFICER One CC to Sri M. A. Basith, Advocate IOPUC] Two CCs to GP for Revenue, High Court for the Hyderabad [OUT] Two CD Copies 1 2 3 S te of Telangana, at To, TJ HIGH COURT DATED:01 10512025 ORDER WP.No.13922 ot 2025 I DISMISSING THE WRIT PETITION WITHOUT COSTS ;\ ') t) /, j zt luE 2t6 + t -...1Q'-l r-g 7,t1 C F t

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