✦ High Court of India · 07 Jul 2025

ORDER THE HoN'BLE SRI JUSTICE C v. BHASKAR IIEDDY WRIT PETITION No

Case Details High Court of India · 07 Jul 2025
Court
High Court of India
Decided
07 Jul 2025
Bench
Not available
Length
1,460 words

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 such appropriate writ. order or direction more so particularly one in the nature of MandamiJs declaring the order of the 4th respondent in Proceedings No. 2100274036, dated 1810312021 through which the land use of Ac. 3-19 guntas in Sy. No. 91AA11 of Rangapuram Village, Palvancha Mandal, Badradri -Kothagudem District, in which petitioners have equal share. is permitted to be converted from agricultural to non-ag ricultu ra I on the aprplication of the 6th respondent and the consequential Resolution of the 5th respondent dated 1210912022 in prc cessing the layout application of the 6th respondent for said land, as arbitrary. illegal and rn violation of principles of 'latural justice and consequently set ilside the same. lA NO: 1 OF 2023 Petition unrler Section 151 CPC praying that in the circ:ttmstances stated in the affidavit filed in support of the petition, the High Court ntay be pleased to direct the 5th re:;pondent not to release the layout to tlrt: 6th respondent in respect of the lar d of Ac 3-19 guntas in Sy. No. 9/AA/ of llangapuram village, Palvancha trr'landa l, Bhadrad ri-Kothagudem District, pending disposal of the writ petition by this Honourable Court. lA NO: 2 OF 2023 Between: Jalagam Madhusudan Rao, S/o.Late Rama Rao, Aged 59 years, Occ. Agriculture, Rio. Nagaram Village, Palvancha Mandal, [tadradri Kothagudem District. ...PETITIONERSi RESPONDENT NO.6 AND 1 2 Jalagam Szrrojini @ Sarojanamma, w/o late Rama Rao. aged 89 years, occ. household, Both are R/o Nagaram Village, Palvanchar lvlandal, Badradri - Kothaguderl District. Jalagam Kr shna Rao, S/o.Late Rama Rao. aged 65 years, Occ. Agriculture, Both are R/o Nagaram Village, Palvancha Mandal, B,:Cradri -Kothagudem District. ...RESPONDENT/PETITIONER 3. The State cf Telangana., Repty its Principal Secretary. F?evenue Department, Telangana Iiecretariat, Hyderabad.

4. The District Collector, Badradri -Kothagudem District. 5. The Reven re Divisional Officer., Palvancha Mandal, Badradri -Kothagudem District

6. The Tahsildar, Palvancha Mandal, Badradri -Kothagudenr District. 7. The Grampanchayath, Rangapuram Village, Palvanch;r Mandal, Bhadradri- Kothaguderl District ...RESPONDENTS/RESPONDENTS ;-az Petrtion under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders granted in l.A. No. 1 of 2023 in W.P. No. 18233 of 2023 daled 12.07 .2023 and dismiss the writ petition in the interest of justice. lA NO: 1 OF 2024 Jalagam lVladhusudan Rao, S/o.Late Rama Agriculture, Rio- Nagaram Village, Palvancha M District. Rao, Aged 59 years, Occ- andal, Badradri Kothagudem ...PETITIONERS/RESPONDENT No.6 AND 1 2 Jalaqam Saroiini @ Saroianamma, w/o late Rama Rao, aged 89 years, occ. -Badradri houiehold, Aotn ire R/d Nagaram Village, Palvancha Mandal, - Kothagudem District. Jalagam Krishna Rao, S/o.Late Rama Rao. aged 65 years, Occ. Agriculture, Botl-r are R/o Nagaram Village, Palvancha Mandal, Badradri -Kothagudem District. ...RESPONDENT/PETITIONER 3 The State of Telangana., Repty its Principal Secretary. Revenue Department, Telangana Secretariat, Hyderabad. 4 The District Collector, Badradri -Kothagudem District. 5 The Revenue Divisional Officer., Palvancha lt/andal, Badradri -Kothagudem District 6 The Tahsildar, Palvancha Mandal, Badradri -Kothagudem District. 7 The Grampanchayath, Rangapuram Village, Palvancha lt/andal, Bhadradri- Kothagudem District ...RESPONDENTS/RESPONDENTS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Vacate the orders granted in WP.No. 18233 of 2023 dated 1110112024 and dismiss the writ petition in the interest of justice. Counsel for the Petitioner: SRI HARI SREEDHAR Counsel for the Respondents No.1to5: AGP FOR REVENUE Counsel for the Respondents No.6 : SRI P.RAMA SHARNA SHARMA The Court made the following: ORDER THE HoN'BLE SRI JUSTICE C. V. BHASKAR IIEDDY WRIT PETITION No.18233 of 2023 ORDER: This Writ Pr:tition, under Article 226 of the Constitution of India, is filed by thc petitiorler, seeking the following relief '...to issue such oppropiate turit order or direction more so parl[cularlu one in the ruttu re of MrLndamus declartnq the order of the ,tth respondent in Proceedinqs No 2100274036 dated 18/03/2021 throu rrlt which the land use of I c.3 l9 quntas in Su.No.9/ AA/ 1 of Ranqaouram Villaqe Paluancha Ma tdtLl Badradi Koth.aqudem Dtstrict in uthllh petitioners haue equttl .slrare rs permitted to be conuefted from tclricultural to non.-oqicuLtLtral on l.he appliccttion of the 6th respon(lent and the consequen.tial Re.solirlion of the 5l1, respondent dated 1.2.t O9/ 2022 in processinq the latlotrt application of the 6tt, respondent for said Land cts orbitra.r4 illeqc,.l oncl irt uioLation of pnncipLes of nahtrutl jttstice ancl consequentlg s,?l .L-sid€ the sante and poss..."

2. The petition :rs herein claiming to be co-sharers of the properties in Survey No.9/AA/ ltl an extent oI Ac.3 19 guntas, have filed this Writ Petilion challenging the conversion ol thc said land from ag,ricultural to non agricultural use. t is conLended that the respondent, by ptaying fraud and suppressing mate.-ial facts, has obtained conversion perrnission from the competent authority. The petrtioners further submit that mere recording ol the respondent's name in the revenue records does not, by itself, confer any absolute or exclusive title or ownership over the subject prc)perty.

3. Sri Hari Sreedhar, learned counsel for the petitioners, relying upon Section 48 of the Telangana Land Revenue Act, 1317 lrasli, vehernently contended that upon the death of the original pattdar, the name o[ the person claiming under a Will and in the absence of such ir pcrson, the name of the legal heir shall be recorded in the revenue records. [{e submitted that -_l 2 CVBR, J :wp_18233_2o2',- the name of the respondent was recorded as pattadar even while the rights ol L]ne inter se parties were yet to be adjudicated. He further contended that the respondent had obtained mutation permission during the pendency of the proceedings, without awaiting the decision o[ this Court. In light of the pending adjudication and the complexities involved, the matter u,as referred for mutation cnquiry and for resolution through mediatior-r by appointing a former Judge of this Court as mediator.

4. Learned counsel appearing for both the parties submitted that the subjecL matter of the dispute has bcen arnicabl,y scttled bcfore the mcdiators in terms of thc agrecmcnt arrived at between the partics. It is further subnritted thal a consensus settlement deed has been reduced into writing and duly signed by all concerned parties.

5. In view of thc submissrons made by thc lcarncd counsel lor thc petitioner, the petitioner is pcrmitted to submiL an application enclosing the consensus setLlement deed before the Original Authority. In the event such an application is submitted before the Revenue Divisional Officer (for short "RDO'), the RDO is directed to examine the extent of land holdings and allolment of shares strictlv in accordance with the terms of thc scttlement dced exccuted between the partics.

6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. 3 CVBR, J wp 18233_2023 As a sequel miscellancous applications pending in rlrrs petition, if any shall starrd closed //TRUE COPY// SD/. C.DEEPIKA ASSISTANT R'GISTRAR SECTIOK6FFICER To, Telangana Secretariat, Hyderabad. 1 . The state of Telangana., Repty its Principal secretary. [l,3venue Department, 2. The D'istric. Collector, Badradri -Kothagudem District. 5. fne n"r"nre Divisional Offrcer., Palvancha tVlandal, Balradri -Kothagudem +. The Tahsil,jar, Palvancha Mandal, Badradri -Kothagudent Districl 5. The Graml,anchayath, Rangapuram Village, Palvancha lrlandal, Bhadradri- District Kothagudem District

6. One Ct to SRt HARI SREEDHAR, Advocate. [oPUCI 7. two CCs t,; GP FOR REVENUE, High Court for the State of Telangana'

8. Two CD CrrPies A,"f^ tt h, 9H ,' &fu,+ sF*Wrl 9t\te"'t f\)votck' al.t/' i I i I I HIGH COUIIT DATED:0710712025 a a\ 19 SEP 2025 i ORDER WP.No.18233 of 2023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ 1 \1 q {*

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