✦ High Court of India · 01 Sep 2025

Relying upon the judgment of Full Bench of this Court in Chinnam Pandurangann v. Mandal Reuenue OfJicer, Serilingampallg Mand.al dnd others, he prays this Court t

Case Details High Court of India · 01 Sep 2025
Court
High Court of India
Decided
01 Sep 2025
Length
1,219 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 an order, direction or writ, more particularly one in the nature of writ of Mandamus, declaring the action of the 3rd respondent in not considering the petitioners objection submitted vide representation dt.30i09l2o2o lot the mutation proceedings initiated to the land pertaining to survey No.235/AA as Sy.No.229lAA to an extent of admeasuring Ac. l1-00 gts and in Sy.No.318 to an extent of Ac.0-19 gts situated at Velugumatla Village, Khammam Urban Mandal, Khammam District and further action in proceeding to mutate the names of the 4th respondent and others as illegal, arbitrary and consequently direct the respondents to keep the said lands under dispute register till the civil disputes among the parties are resolved lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the ciro mstances stated in the affidavit filed in support of the petition, the High Court ma t be pleased to grant stay of disbursement of Rythu Bandhu Scheme amounts to 4t respondent or any other person till the disposal of the representation/objecli rns dt. 30/09/2020 submitted by the petitioner to the 3rd respondent for tr: lands in Survey No.235iAA and Sy.No.229lAA to an extent of admeasuring , rc.'1 1-00 gts and in Sy.No.31B to an extent of Ac.0-19 gts situated at Velugumatl. Village, Khammam Urban Mandal, Khammam District Counsel for the Petitioner : SRI N. MAHESH, REPRESENTIN I FOR SRI K. RATHANGA PANI tll :DDY Counsel for the Respondent Nos. 1 to 3 : SRI SANDEEP G() ,D, AGP FOR REVEN( E Counsel for the Respondent No. 4 : -- The Court made the following: ORDER THE HONOURABLE SRI JUSTICD E.V.VENUGOPAL WRIT PETITION No.2O749 of 2O2O ORDER This Writ Petilion is hled with the following prayer:- "...to issue an order, direction or writ, more particularly one in the nature of writ of mandamus declaring the action of respondent No.3 in not considering the petitioner's objections submitted urde representation, dated 30.09.2020 for the mutation proceedings initiated to the land pertaining to Sy.Nos.235/AA and 229AA to an extent ofAcs.ll.OO guntas and in Sy.No.318 to an extent of Ac.O.19 guntas, situated at Velugumatla Village, Khammam Urban Mandal, Khammam District (hereinafter referred to as "the subject land"l and further action in proceeding to mutate the narnes o[ respondent No.4 and others as illegal, arbitrary and consequentl-v direct the respondents to keep the said lands under dispute register till the civil disputes among the parties are resolved... "

2. Brief facts of the case are that the paternal aunt of the petitioner by name Yakub Bee was the joint owner o[ the subject land and after her death, the petitioner w,as taking care of the same. It is further stated that when respondent No.4 and others were trying to alienate the sarne lr,ithout semblance of any right and title, the paternal aunt o[ the petitioner was constrained to file a sruit uid,e O.S.No.13O of 20 13 on the file of 2 EVV. J wp.-20749 2020 the Judge, Family Court-cum-Vl Additional Distr ct Judge at Khammam, seeking for partition and separate p<r session and also obtained ad interim injunction restraining res,1 ondent No.4 and others from alienating the subject prop(]: ly and the petitioner wars made as defendant No.ll in t.t : said suit. During pendency of the said suit, the paternal aunt of the petitioner was died and the said suit was dismisst:, . for default, thereafter, the pctitioner, along with his brother have Iiled a restoration pe tition and the same is pending. It is I that while thc matter stood thus, respondr r misleading the authorities had obtained pattada trther stated t No.4 by ' passbooks and claimed Rythu Bandu benehts, therefore, tI e petitioner macle his objr:ctions, dated 3O.O9.2O2O for issuan<.r of pattadar passbooks to rcspondent No.4 and others in view of pendency of O-S.No. 130 ol 2O I3. The grievance of the peLitioner is that even after rcccipt of rhe said objections, the responden authorities did not considcr the same. Hence, this writ petition

3. Heard Sri N.Mahesh, learned counsel, epresenting Sri K.Rathanga Pani Reddy, learned counsel for tl e petitioncr and Sri Sandccp ()oud, learned Assistant Governtr ent Pleader ) 3 EVV, J Wp 20149 2020 for Revenue, appearing for respondent Nos. I to 3 and perused the record.

4. Learned counsel for the petitioner would submit that despite receipt of the objections flled by the petitioner bringing to the notice of respondent No.3 with regard to the interim injunction passed by the Judge, Family Court-cum-Vl Additional District Judge, Khammam in O.S.No. 130 of 2O13, no action has been taken by respondent No.3. Relying upon the judgment of Full Bench of this Court in Chinnam Pandurangann v. Mandal Reuenue OfJicer, Serilingampallg Mand.al dnd others, he prays this Court to pass appropriate clirections.

5. On the other hand, learned Assistant Government Pleader for Revenue would submit that the petitioner made repre sentation/objections long back i.e. on 30.09.2O20 and ii the petitioner makes a fresh representation/objections, the re spondent authorities would consider the same.

6. In view of the above submissions, this Court, without making any observations on the merits and de-merits of the ' AIR 2oo8 Ap t5 ( 4 EVV, J Wp 20't49_2020 matter, deems it appropriate to dispose of this n/rit petition directing the petitioner to approach respondent [t fresh representa tion / o bjections and in the err o.3 by filing nt of such representation is being made by the petitioner, resrl ondent No.3 shall examine the same and after issuing notice t<r holders pass appropriate orders in accordance expeditiously as possible, preferably within a pe: (l2l weeks from the date of receipt of th,] all the stake vith law as cd of twelve petitioner's represen(ation T. With the above clirection, this Writ Petition is disposed of. There shall be no order as to costs. As a sequcl, thc miscellaneous petitions per ding, if any, shall stand closcd To //TRUE COPY// sd/- SIS TANT. c.orpF1fK( R€GISTRAR IiECTION OFFICER

1. The Principal Secretary, Revenue Departmer{, $ecre:r riat Buildings, The State ofTelangana. HYderaba U 2. The District Collector, Khammam District, Khammafu. 3. The Tahsildar, Khammam Urban Mandal, Khammam Disr ct. 4. One CC to SRI K. RATHANGA PANI REDDY, Advocate IOPUCI 5. Two CCs to GP for REVENUE, High Court for the State cf Telangana. [OUT] 6. Two CD CoPies PVUMP HIGH COURT DATED:0110912025 ORDER WP.No.20749 ot 2020 { HEI 4rs ( o 0 6 f t[ 2026 * DF5r,,r ' ...- 'z C) ) r'll t DISPOSING OF THE WRIT PETITTON WITHOUT COSTS 8)

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