High Court · 2025

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 appropriate writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the records pertaining to order dated 30/0412024 in proceedrngs No.D/4056/2023 passed by the respondent No.2 in rejecting the application of the petitioner dated 2511212022 vide application No.220O173428 and consequently set aside the order dated 3010412024 in proceedings No.D/4056/2023 and also direct the respondent No.2 to incorporate the name of the petitioner in respect of land admeasuring Ac.0-20 Gts. in Sy.No.673/1 situated at Utkoor Vllage and Mandal, Narayanpet district, in the interest of justice. lA NO: 2 OF 2025 Petition under liection 151 CPC praying that in the circums;tances stated in the affidavit filed in support of the petition, the High Court rnay be pleased pleased to suspend tre order dated 30-04-2024 in proceedings No.D/4056/2023 passed by the resoonlent No.2 pending disposal of the main 'rrrit cetition. lA NO: '1 OF 2025 Petition under llection 151 CPC praying that in the circumstances stated in the affidavit filed in s,uoport of the petition, the High Court mav be pleased to Dispense with the filing of certified copy of order dated 30-04-202,1 in proceedings No.D/4056/2023 passecl by the respondent No.2 Counsel for the Petitiorrer : SRI KADIYALA CHIRANJEEVI RE,DDY Counsel for the Respondents: ASST. GP FOR REVENUE The Court made the frllowing: ORDER THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No. 18964 of 2025 ORDER: This u'rit petition is liled under Article 226 of thc Constitution of Indiar seeking for follorving relief "....to issue ant appropitLte utnt, order or directiort rnore pqtlicularlg oae in the noture- of Wit oI Certiorari calting for the records pertainirtg to orcLer dated 30 O4-2O24 in proceedings No.D/ 4056/ 2023 pa-s.scd bA the respondent No.2 tn reJechng tle epplicatot oJ'tlt{: peliliotrcr dated 25-12 2022 uide applicatiort No.2200173428 otLd conse-quentlg set aside tlrc order dated 30-O4 2024 ttr J.trocee<litgs No.D/4O56/2023 and aLso direct tlrc respondetlt No.2 to ircorporate tlle nan7rc of the petitioner L respect of land aclueasuing Ac.O-20 Gts. in Sg.No.673/ I sitteted at Utkoor Village and MandaL NoruL|atlpel Disti(:t. ir1 lhe iftter<,sl of.ittstice and pass sttch other order or orders a.s lhls CoLuI de?,,ls Jit and proper in the circunlstatlces of lhe ce.se.... '

2. Cor-rsidered the submissions of the learned counsel lor the petitioner and learned Assistarrt Government Pleader lor Revcnue appearing lor the resporldents and with their consent this \,\,rit petition IS being disposed of at the admission stage.

3. It is stated that originall-r' the lather in law of the petitioner, late Ayyallappa l\'as the absolute owner and possessor of the agricultural land admeasuring Ac.0-20 guntas in S-r'.No.673 /l and Ac.0-3 1 guntas in Sy.No.672/1, 2 total admeasuring Ac. 1 i 'l guntas, situated ar: Ulkoor Village and Mandal, Naravanpet District and his n:irne \','as mutated in all reve nrtc records arrd uas issued pattadar' pirssbook airC titlc deed. [t is further statecl that the petitior-rc r has inhcrited the subjcct propertlr from her father-in-law arrd ihc namc ol the petition l lv\ras mutated in revenuc rccor<ls i e respect of land admeasuring Ac.O-20 gts in Sy.No.673/ I and the land admeasuring Ac.O 31 gts. ir-r S1'.No.672/ I is jn the namc ol her fatl'rer in lau, ti11 datc irnd she has l-let:n in peaccfui possession and enjoyment ol tire said propr:rt,r' eveir toda1, rvithout aLn.l interruption. It is further st a t ed that, after introductior of Dharani Portal, thc lald adnrcr,rsLring Ac.0-2O Gts. in Sy.lJo.673/ I situated at Utkoor Villarlre tLr-rd Mandal, Narayanpct District is not shorn'n / reflected in Dl-rarari Portal and the sa:re is missing from the revenllc records, u.hich constrained the petitioner to submit oniinc irpplicatio:n uide No.22O0 17?,428 dated 25.12.2022 on Dhtr:':rr.ri Portal lor inclusion of the property of the petitioner ir-r lhe said survel, number an:l for issuance of passbook to tlr.rt cffect. It is further stated that respondent No.2 had re_jected the said application ol petitioner uiithout considerir-rg, Itt:r grievance 3 and aggrieved b-v the same, the petitioner had approachecl this Court by filing W.P.No.18466 ol 2023 and the same u'as allowed by'this Cotirt vide order dated 11 07-2023 by setting aside the rejection proceedings of rcspondent No.2 and directing to reconsider the application of the petitioner. lt is further stated that thereafter, respor-rdent No.2 issued notices calling for objcctions and accordingly, the petitioner submitted her rvritlen argllments sr-rpported b,\. documentan, evidence and nonc llled anv claim or objection in respcct of the land admeasuring Ac.0-20 gts. in Sv.No.673l I situated at Utkoor Village and Mandal, Nara1,anps1 District. The grievance of the pctitioner is that the respondent No.2 has once again rejected her application seeking correction of entries without assigning any valid reasons.

4. Learned counsel for the pctitioner submits that the I impugned order is passed b,l respondent No.2 based on many contradictions and inconsistencies. While some third party narrre \^ras mentior-red as purchaser of the property through simple deed dated 16-12 1989, no finding has been recorded as to documentarv evidence and revenue proceedings on 4 rccord. l,errrned counsel further submits that oven Lhough the Govern m ent/ revenue records are clearl.,' s;horr'ing tlre name and ou,nership of the petitioner tl-rroughout, thc impugnecl or<ler ol respondent No.2 is silent c,o r.rarl issLtcs. Lcarned <:otrnsel further submits that under the guise o[ tl-re fabriczLterl ( o(rument dated 16.12.1989 n,hicl'r rvas created bv the thircl p;rrty, the respondents created fals,:' 1-6p611s s6 111,- larrd again st the petitioner l-rerein and in spite ol ther directior-rs Ly this Court, the 2,)d respondent clid lot consider the w,ritten arguments/ objections ol the petitioner and parssccl the impugnerl order unilateralh', u'hich is atrsolutel,y illegal, arbitrary, c()ntrary to lalv and violation of natlrra justicc zrtrd as such ser:ks to set aside the said orcler passed bl respondent N o.2

5. A penrsal of the impugned proc,:edrngs datcd

30.O4.2024 issued by respondent No.2 reveals thirt as per thc revent-re records, i.e., Pahani for the year 19'i3-','4 of Utkoor Village and N{andal, the land bearing Sy.No.6'l3 :tdmeasuring Ac.l.2O gtri stood in the name ol Sri \,',:nl:anna, S/o Ayyalappa. Alter his demise, the subject land r.l,a s succeeded 5 bv his three sons, namel_\', Sri Yellappa (S.y.No.673 - Ac.0.20 gts.). Sri Ayyallappa (51'.No.673l1 Ac.0.20 gts.) and Sri Papanna (Sy.No.673 Ac.0.20 gts.), and the same u'as reflected in the neri' ROR. Subsequently, Sy.No.673/ I to an extent of Ac.O.20 gts. \\'as mutated in the name of the petitioner. The nratter was cx:rmined by thc District Collector r,l,it h reference to the available records, the depositior-r of the petitioner, and the report submittccl bv the Tahsildar, Utkoor, in pursuance of the online application filed bv the petitioner under TM-33 vide appiication No.2200173428. On such examination, it u,as recorded that the subjcct land had already been sold to one Sri Govir-rdappa on 16.12.1989 through a simple deed and that the petitioner was not in \ possession thereof. Consequently, the request of the petitioner to record the extcnt of Ac.O.20 gts. in her name was rejccted.

6. It is pertinent to state that there is a serious dispute regarding ownership and possession o[ the subject land. Wl-rile the petitioner asserts succession and continuous enjoyment, the revenue authorities rely on the alleged simple \ \ I I 6 deed of 1989 in favour of a third partr'. Sur:h disputed questions 01'fact, particularl_v relating to titlc i:nd possessior-r, cannot be ad.ludicated in a writ petition undcr A:ticlc 226 ol the Constit-ttion of India. The appropri:rtc remedl for tl-re petitioner. il so advised, is to approach thc ,. on-.petent Ci\.il Court for dr:claration of her rights and consc(luential reliefs. Therefore, tht: present writ petition is not milintainable and the salne is lirrble to be dismissed. 7, With tlre above obsen,ations. this \{/rit PctiLion is dismissed. ll'rere shall be no order as to costs As a sr:quel thereto, miscellaneous pt -iti,rns. if artr, per-rding sht Il stand closed. S ,TRUE COPY// L- REDDY 't GIST OFFICER To, 1 . The Principal S ecretary Revenue Department, Secret Telangana, Hyrlerabad. rr ., S .ate of

2. The District Co lector, Narayanpet district 3. The Revenue t)ivisional Officer, Narayanpet 4. The Thahsildar, Utkoor Mandal, Narayanpet district 5. One CC to SRI KADIYALA CHIRANJEEVI REDDY, Advocatt:. [OPUC] 6. Two CCs to GF' FOR REVENUE, High Court for the State of Telangana

7. Two CD Copier;. 4,/ BSK // PVL HIGH COI.,IRT DATED:0310712025 ( ir: ta:---,'e)\ (i 23 0tJ'M i, / 7 ..) -/t a)t L-n. TC ORDER WP.No.18964 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT CC SiTS /a //t 0 / f q