High Court · 2025

Sri Parunandi fi,4adhusudhan Rao, S/o Late P. Yadagiri, aged aboLrt 43 years, Occupation Freelance Photographer, Rlio H.No. 6-30, New No. 1-96, Srinivas nagar colony, lVedipally mandal, lr/edchal Malkajgiri District. Parunandi Jayaprakash Narayana, S/o Late P. Yadagiri, aged about 50 years, Occupation Business, Rl/o H.No. 6-30, New No. 1-96, Srinivas nagar colony, Med ipatly mand al, fVled chal lValkajgiri District. RR No-8 and 9 are brought on record as LR of the deceased Respondent No. 7 as per C.O. dt. 18.03.2025 in l.A.No.1 of 2024. ...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, order or direction more particularly one in the nature of Writ of [\,4andamus declaring the action of the Official Respondents in obtaining undertaking from the Respondent No.7, in respect of joint riltricultural land to ah extent of Ac.3-00 guntas, of Sy.No. 62, of lvledipally Villi,oe of the Petitioners family for the purpose of Ir/edipally H[\ilDA layout, inturn : llotting the farmers share house Plot Nos.235 to237 and246 to 248 (1800 St1 Yards) to her along with alienable rights by virtue of Proc. RC No. B/153/20,1;U, dated 03-06-2023 (issued on 06-07-2023,), without following due process ol aw is arbitrary and illegal and consequenl.ly set aside the allotment proceec nES as arbitrary and illegal. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the r.: rcumstances stated in the affidavit frled in support of the petition, the High Co.,r may be pleased to suspend the allotment proceedings RC No. B11531202,)., dated 03-06-2023 (issued on 06-07-2023 ) of farmers share house Plot Nos. '...]5 1o 237 and 246 to 248 (1800 Sq. Yards) duly directing the Respondents No.(: not to entertain any sort of registrations, creating 3rd party rights in respect ,rf the above plots in Sy.No. 62 of l\,4edipally Village and N,4andal, pending dispos:rl of the writ petition. lA NO; 2 OF 2023 Petition under Section '1 51 CPC praying that in the c; rcumstances stated in the affidavit filed in support of the petition, the High Co.rr may be pleased to direct the respondents not to interfere / dispossess th,., petitioner from her agricultural land to an extent of Ac. 1-20 guntas, in Sy.No. t:11 of [,ledipally Village and Mandal, pending disposal of the writ petition in the inte:r,: ;t of justice. lA NO: 2 OF 2025 Between:

1. Parunandi Yadaiah @ Yadagiri, (Died) LRs 2. Parunandi Jayaprakash Narayana, S/o Late P. Yadagirl, rged about 50 years, Occupation Business, Fl/o H.No. 6-30, New No. 1-96, S;'inivas nagar colony, lVedipally manda , l\,4edchal lr/alkajgiri District.

3. Sri Parunandi Madhusudhan Rao, S/o Late P. Yadagir ,rged about 43 years, Occupation Freelance Photographer, Fl/o H.No. 6-30, '.lr,w No. '1-96, Srinivas nagar colony, lVled ipally mandal, tr/edchal t\r'lalkajgiri Dist' ct. ...PETITIONER AND 2 3 4 5 6 7 1 P. Shobha Rani, W/o P.Laxman, aged about 52 years, Occ. Agriculture, R/o H. No. 1 -9-1 1 1 3127 lF I 1 651 A, Nagamayakunta, Vidyanagar, Hyderabad The State of Telangana, rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. The District Collector, Medchal tValkajgiri District. Revenue Divisional Officer, Keesara, Medchal Malkajgiri District. The Tahsildar, Medipally Mandal, N/edchal Malkajgiri District. Hyderabad Nrletropolitan Development Authority, Represented by its Metropolitan Commissioner, Hyderabad. The Sub-Registrar, Narapally, Ir/edchal Malkajgiri District. ...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 interim orders granted on 0210812023 in WP.No. 20549 of 2023. Counsel for the Petitioner: SRI T.KOTESHWARA PRASAD Counsel for the Respondent No.1 to 4: AGP FOR REVENUE Counsel for the Respondent No.S: SRI V.NARASIMHA GOUD, SC FOR HMDA Counsel for the Respondent No.6: GP FOR STAMPS & REGISTRATION Counsel for the Respondent No.8 & 9: SRI UMA MAHESWARA RAO The Court made the following: ORDER ,/ THE HON'BLE SRI JUSTICE LAXMI NARAYAN/'. {LISHETTY WRIT PETITION No.2O549 of 2o211 ORDER: This writ petition is hled seeking following reJ ,.,f ".....'lo (l('clare Lhat the action of the official respor]dr:r'ts in obtaining undcrtaking from the respondo|t No.7, in respect o[-joint agricultural Iand 1o an e-Ktent of Ac.3.00 guntas of suwey No.62 ot Mcclipallv Village ot the petitioners famill fol the purpose ol Medipally, HMDA layoul in rurlt allotting the far[rers share house plot Nos.1235 to 237 and 246 to 248 (1800 square l/ards) to her along \r,ith alienable rights by virtuc of Proc. R.C No.B/ 15312022 dated 03.06.12003 (issued on 06.0'/.2023) \,ithout followirrg rlue process of larv as arbitrary,, illegal and scr :rside the allotment". 2 Heard Sri l'. Koteshwara Prasad, learned unsel lor the petitioner, Iearnecl Assistant Government Pleader ,:;r I?evenue for respondent Nos.1 to 4, Sri V. Narasimha Goud, le rlned Standing Counsel for respondent No.5 and Sri Uma M rlresu,ara Rao, learned counsel for respondent Nos.8 and 9.

3. Brief facts of the case are that originaily, lzrrc Balaiah was owner and possessor of land admeasuring Ac. i )0 guntas of survev No.62 o1' Nledipally Village and after his de I'rse, the same was allotted to his t.,vo sons equall), i.e., Ac.1.2O gurrtas each and the petitioner trer,:in is u,'ife of younger son of tlr,.. l21g Balaiah; that respondenl No.7 who is the elder son of Bala i lr though has \ --*1 ' ,nn,., W.P.ltio.20519 of 2023 - got only Ac.l.2O guntas towards his share, posing himself as owner to the entire Ac.3.00 guntas of land, gave false undertaking and the ofhcials without verifying the ownership of respondent No.7 and without considering the objections of the petitioner have allotted six plots to respondent No.7 i.e., plot Nos'235 to 237 and 246 to 248 totally admeasuring 18OO square yards' That petitioner is in possession of land admeasuring Ac' 1'20 guntas and she is raising crops and respondent Nos.2 to 6 are trying to evict her from her land. Aggrieved by the allotment of six plots in favour of respondent No.7, present writ petition is hled'

4. During the pendency of writ petition, respondent No 7 expired and respondent Nos.S and 9 are brought on record as the legal representatives of respondent No.7.

5. Counter afhdavit has been frled on behalf of respondent Nos.8 and 9 wherein it is averred that their father and other persons were in possession and enjoyment of land in survey No'62 of Medipally Village and have made representation to the official respondents to recognize their possession for assignment of lands and lrled writ petition in W.P.No.212l of 2OO2 and W.A.No'648 of 2OO2, before this Court and the writ appeal was allowed by directing the revenue of{icials to consider cases of the writ petitioners and various lands including the land of respondent ,-/ // J ,,.r.n.,o,o,lj\!oi/, No.7 was given to HMDA for the purpose of cLr,zelopment of residential colony and an extent of 6O0 square yarc s per acre was proposed to be ar,rtted to the possessors of land It is further stated that on dur. verihcation, the ofhcial resporrrlents allotted plot Nos.235 to 232 and 246 to 248 admeasurin6l lB0O squa_re yards to respondent No.7 in lieu of larrd admeas _. -ing Ac.3.OO guntas and the petitioner was never in possesr, ir >n that the petitioner was neither succeeded to half share nor in l ossession of extent of Ac.1.2O guntas and no document is placer: tn record to substantiate her claim and thus, prayed to disrrr iss the writ petition.

6. Learned counsel for the petitioner submitted tlrtLt in similar circumstances, neighboring farmers approached thi,. Court ulde W.P.No.18l55 of 2023 and this Court was pleased to l: ass interim orders directing the respondents not to dispossess tl.r: petitioners therein and petitioner is aiso similarly placed, therefr.r.:. the same relief may be granted. He would further submit ttrir. petitioner being the rvife of younger son of late Balaiah is entitl ,:j to Ac. i.2O guntas i.e., half share, therefore, the ofhcial respond.rrts have to consider allotment ol subject plots. He would further r;ubmit that petitioner is an illitr:rate and respondent No.7 by rriving false undertaking and managing the official respondents gor tllotted slx w.P.N,.2os4e:fl/3 plots corresponding to Ac.3.00 guntas and therefore, the ,l 4 impugned proceedings dated 03.06.2023 are liable to be set aside. 7 . Learned Assistant Government Pleader for Revenue by referring to the written instructions would submit that six plots i.e., plot Nos.235 to 237 and 246 to 248 were allotted to respondent No.7 uide proceedings Rc.No.B /153/2022, dated

03.06.2023 under Land Pooling Scheme in view of long standing claim on par with other claimants over Government Land in survey No.62 of Medipally village after obtaining affrdavits from claimants/ possessors in terms of G.O.Ms.No.2O of MA & UD dated 1,7 .O2.2O23. She would further submit that as per the earlier physical possession report submitted by the Revenue Divisional Officer, Keesara respondent No.7 was in physical possession and the petitioner was not in physical possession of lands claimed by her and also does not have any title to lands and therefore, the question of allotment of subject land in her favour does not arise. She would further submit that it is disputed question of fact and claim cannot be adjudicated in writ petition and the petitioner has to approach Civil Court to claim her share.

8. Learned Counsel for respondent Nos.8 ald 9 would submit that the petitioner has filed present writ petition by suppressing the facts that the unofficial respondents have allotted plots on due LNA, J lt'" I'- No. 2 0 5 49 ol 2 0 2 3 veriflcation of claim and physica-l possession of :espondent No.7. 5 He would further submit that W.P.No.18155 of .1O23, in which interim orders \\'ere passed was withdrawn on (.) 7.0 1 . 2025 and this fact is not brought to the notice of this Cor-Lit ald thus the said writ petition. is liable to be dismissed on th rs ground alone. He would further submit that the learned Singl:: Judge, of this Court in the similar circumstances disposed of rl-e Writ Petition No. 15866 of 202:3 uide order dated 25.ll.2024 b.,' leaving it open to the petitioners therein to approach Civil Cc -;. -t for claiming rights over the property and the facts of the said ('ase are identica,l to the facts of the present case and thus the writ 1-etition is liable to be dismissed.

9. This Court has given earnest consid :r ation to the submissions advzrnced on behalf of both the coun:;r:ls.

10. Perusai of record would disclose that tht: petitioner hled present writ petition ciaiming ownership ancl possession in respect of land admeasuring Ac.7.2O guntas in ,., rrvey No.62 of d t Medipally Village, however, petitioner did not placr: rny material to substantiate her claim. As per the written r nstructions of Tahsildar, Medipally Village, petitioner has neitl.r:r title nor she was 1n physical possession of the land adme r;uring Ac.I.2O guntas. Thus, there is serious dispute with rergr. rd to claim of ownership and possession of petitioner 1n LNA, J W.P.No.20549 of 2023 respect of la.rld 6 admeasuring Ac.1.20 guntas which cannot be decided by this Court under Article 226 ol Constitution of India therefore, the writ petition is not maintainable.

11. In view of the above discussion, writ petition is dismissed. However, petitioner is at liberty to approach appropriate Court/Forum for redressal of her grievance with regard to claim of ownership and possession in respect of subject land. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY' D/ . PONNA KRISHNA ANT REGIS CTION OFFICER To, 1 2 3 4 E PUC] One CC to SRI T.KOTESHWARA PRASAD, Advocate One CC to SRI UMA MAHESWARA RAO, Advocate [OPUC] One CC to SRI V.NARASIIVHA GOUD, SC FOR HMDA [OPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] Two CCs to GP FOR STAIVPS & REGISTRATION, High Court for the State of Telangana at Hyderabad [OUTI Two CD CoPies 6 BSR GJP t',. tx' & HIGH COURT DATED: 2510912025 ORDER WP.No.20549 of 2023 /- :.) ,.) ) ':\ \ 15 tl'2925 i i: .-\: '1 ,r' -a_2' DISMISSING THE WRIT PETITION, WITHOUT COSTS t01x,f