✦ High Court of India · 16 Jun 2025

High Court · 2025

Case Details High Court of India · 16 Jun 2025
Court
High Court of India
Decided
16 Jun 2025
Bench
Not available
Length
1,169 words

Jllarsayya, Aged about 64 years, Occupation. Business, R/o Plot No. 1160, Road No. 59, lubilee Hills, Hyderaliad- SCj0 033. Rep. by GPA Holder, Mr. A Jagan Reddy Smt. Sunkara Vijaya Lakshmi, Wo Surikara Anianadri. Aqed about 57 vears. -Busjness, R/o Plot No. 1'160. Road NoI 59, Jubilee'Hills, Occupation. Hyderabad- 500 033. Rep. by GPA Holder, Mr. A Jagan Reddy. ...PETITIONERS 2 AND 1 State of Telangana. Rep. by its Spcl_ Chief Secretary, Revenue Department Secretariat, Hyderabad. 2 J 4 The District Collector, Siddipet District, Telangana. The Revenue Divisional Officer, Siddipet Diskict, Telangana. The Office of Tahsildar, Akbarpet-Bhoompaily, Mandal, Siddipet District, Telangana.

5. The Chief Commissioner of Land A Opp. Annapurna Hotel, Karimabad C Telangana - 500001. dministration, Nampally Station Road, ooperative Society, Abids, Hyderabad, ...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 or order more particularly one in the nature of writ of Mandamus, declaring the action of Respondents No.2 in passing the lmpugned Order dated 16.05.2025 in Proceedings No D11247912024 as being illegal, arbitrary, unjust, violative of the principies of natural justice and violative of the fundamental rights guaranteed to the Petitioners under Article .14 of the -/ constitution of lndia and constitutionar right to property under Articre 3004 of the constitution of rndia and to consequenfly direct Respondents No. 2 to restore the order dated 21 .04.2025 in proceedings No. D1/247g12024 rectifying the classification of the rand admeasuring Ac. 1'r - 23 Gts in Survey No. 29414 and 29415 in Chowdarepalle Village, Akbarpet_Bhoompally Manc al (previously Dubbak Mandal) siddipet District from Lavani patta rand to patta r;rnd lA NO: 'l OF 2 025 Petition under sectron 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the lmpugned Order dated 16.05.2025 in proceedings No. D1t2479t2024 Counsel for the petitioners: SRI AMBATI SAI VARUN Counsel for the Respondents: Gp FOR REVENUE The Court made the following: ORDER - -----/ ft.l THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No. L6146 of 2025 ORDER: The petitioner 1S aggrieved by the action of respondent No.2 in passing the impugned order dated

16.05.2025 in Proc.No.DI/2479/2024 and a consequential relief was also sought to direct respondent No.2 to restore the order dated 2L.O4.2O25 rectrfying the classification of land admeasuring Ac. 11-23 gts., 1n Sy.No.294l4 and 2e4ls 1n Chowdarepalle Village, Akbarpet-Bhoompally Mandal (previously Dubbak mandal) Siddipet District from Laoni Patta to patta land.

2. Petitioners claims to have purchased the land admeasuring Ac.53-01 gts., in Sy.Nos.292, 293P, 294P, 3OOP, 30lP, 302P, 3O7P and 37lP situated at Chowdarepalle Village, Akbarpet-Bhoompally Mandal, Siddipet District (subject property) through registered sale deed bearing Doc.No.726 of 2006. Thereafter, revenue authorities mutated the land in faovur of petitioners by way of Proc.No.Dl/8798/2006. Petitioner No.1 was also issued with pattadar passbook bearing Patta No.474 and 2 passbook No.00029635 arld petitioner No.2 was issued pattadar passbook bearing patta No.475 and passbook No.00027652. Thereafter, petitioners have made two TM33 Applications requesting for change of classihcation of land only 1n Sy.No.294P from Laoni Patta to patta land. However, no orders were passed by respondent authorities with regard to the said applications, as such petitioners have filed a writ petition in W.P.No.2552l of 2024 before this Court. The said writ petition was disposed of directing the respondent authorities to consider and dispose of the TM33 applications within a period of eight (8) r.t eeks

3. In pursuance of the said order of this Court, respondent No.2 conducted multiple hearings and passed orders on 2l .04.2025 allowing the said appliczrtions. While so, on 15.05.2025 one Mr.V.Bakaiah allegedly filed an application before respondent No.2 requesting for issue of e-passbook on the ground that he had never :rlienated his extent of land to any person. As such on 16.05.2025 respondent No.2 passed the impugned order putting the order dated 21.O4.2025 in abeyance ald without affording an opportunity of hearing to the petitionr:rs. Learned -7i '// 3 counsel for the petitioner submits that the claim of Mr.V.Bakaiah is in no way concerned with the petitioners' subject property. Questioning the same, the present writ petition is filed.

4. The Tahsildar, Akbarpet Bhoompally (M), Siddipet District has placed a copy of instructions through learned Assistant Government Pleader for Revenue wherein it is stated that one Mr. Muthagoud and others have filed writ petitions stating that they were assigned with Government land in Sy.No.294 at Chowedarpalli Village and some persons on the ground of lease have occupied their lalds and not permitting to go to their lands. During the enquiry it was revealed that the petitioners have sold the land being claimed by them through registered sale deeds in favour of others. Therefore, respondent No.2 conducted hearing by issuing fresh notices to a-ll the concerned. As such the matter covered by the applications hled by the petitioners herein is under enquiry by the committee constituted' by respondent No.2. Learned Assistant Government Pleader would submit that since the ''enquiry has already been initiated and committee has a-lso I , 4 been constituted, the respondent authoritie:s may be directed to complete the enquiry within a reasorLable time.

5. Recording the submissions of learned counsel on either side and without expressing arry opinion on the merits of the case, this writ petition is disposr:d of with a direction to respondent Nos.2 to 4 to expedite the enquiry by causing fresh notices to the petitioner as well as to said Mr.V.Bakaiah and after giving a fair opportunity of persnal hearing to all the concerned parties, pass approp.riate orders within a period of two (2) months from the date of receipt of a copy of this order.

6. Writ petition is disposed of, accordingly' Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs SD/-P. PONNA KRISHNA SI TANT REGISTRAR 1 //TRUE COPY// $ecrtoru oFFlcER State of Telangana, To,

1. The Spcl. Chief Secretary, Revenue Departmen Secretariat, Hyderabad. -Divisionat Officer, Siddipet Districl Telanoarra'

2. The District C6llector, Siddipet District, Telangana' 5. fn" n.ru"ire 4 The office ot ransiiiai";ib'r;Gi-Eh;mpary, Maridar, srddipet District. Telangana. 5. tne dhief Commissioner of Land Administralion Namcal.ly .Station Road, - opp Annapuina noiei, kriimioad Cooperative Society, Abrds' Hyderabad' Telangana - 50000'1 . o one c'C to SRi AMBATI SAI vARUN' Advocate to?uc-l ;. i;; Cb, to Gp for' Revenue High Court foi the State of Telangana at 8 Two CD CoPies HYderabad lOUTl Yf *,0r" HIGH COURT DATED:1 610612025 1tl ES r.{f€ {l.ok 2B JUrr ?025 -) o \.r t \',t\.1 ( ORDER WP.No.16146 ot 2025 I I l J DISPOSING OF THE WRIT PETITION WITHOUT COSTS u 6u(

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