✦ High Court of India · 18 Jul 2025

'1 . Mamindla Kishan v. The State of Telangana

Case Details High Court of India · 18 Jul 2025
Court
High Court of India
Decided
18 Jul 2025
Length
1,267 words

Donthula Lalitha, W/o. Srinivas, Aged 49, Occ. Agriculture, Rl/o. H.No.1-63, Morraipalli Village, Mustabad Mandal, Rajanna Sircilla District Chakilam Padma, W/ o. Santosh, Aged 44, Occ. Agriculture, R/o. H.No. 5-1- 60, Market Road, Vemulawada proper and Mandal, Rajanna Sircilla District Katkam Uma Rani, W/o. Srinivas, Aged 37, Occ. Agriculture, R/o. H.No.4-23, Avunur Village, Mustabad Mandal, Rajanna Sircilla District ...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 mandamus declaring the action of the Respondents 2 and 3 in changing the revenue records by deleting the names of the Petitioners in respect of land admeasuring Ac.10.00Gts. falling in Sy.nos. 244lBl1 tAc.4.00Gts.), 2441B/2 (Ac.4.00Gts.), 244lBl3 (Ac.2.00Gts.) situated at Terlamaddi Village, Mustabad Mandal, Rajanna Sircilla District and recording the said larrd as Government land (Assigned land ) on the application made by Respondents 4 to 7 contrary to the sale that was made by the original assignee Late Sri. l\/atlisetti Rajaiah (political sufferer) and when the suit for declaration in respect of the very same subject land is pending before the Learned Principal Junior Crvil Judge at Sircilla in O.S. No. 257 of 2023 filed by the Respondents 4 to 7 herein, without any notice, without any proceedings, etc as illegal, arbitrary, coloral)le exercise of power, violation of principles of natural justice and violation of the provisions of the Telangana Bhu Bharati (Record of Rights in Land), 2025 and violative of Articles 14 and 3004 ol the Constitution of lndia. lA NO: 1 OF 2025 Petition Jnder Section 151 CPC praying that in thir circumstances stated in the affidavit filed in support of the petition, the High Cc urt may be pleased to direct the Respondents 2 and 3 not to change the reverue records and not to delete the names of It/amindla Kishan (Petitioner no.1) (,\c.4.00Gts), [\,4amindla Devaiah (Petitioner no.2) (Ac.4.00Gts) and l\ilamindla llalaiah (father of the Petitioner no.:3 (Ac.2.00Gts) totally admeasuring At 10.00Gts. falling in Sy .no.2441 1 of Terlamaddi Village Counsel for the Petitioners: SRI T. SURYA SATISH Counsel for the Respondent Nos.1 to 3: AGP FOR REVEI'lUE Counsel for the Respondent Nos.4 to 7:---- The Court made the following: ORDER w THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.20917 of 2025 ORDER: Heard leamed counsel 1br petitioneis and learned Assistant Government Plcader for Assignrnent appearing for respondent Nos. I to 4. Z. Petitioners are claiming that they are the absolute owners and possessors of land admeasuring Acs.4.00 guntas, Acs.4.00 guntas and Acs.2.00 guntas in Survey Nos.244lBi l, 24418./2 and244lB/3 respectively, in total Acs.10.00 guntas, situated at Terlamaddi Village, Musthabad Mandal, Rajanna Sircilla District. In proof of the same, they have filed old and latest pattadar pass books. They are in possession of the subject land' There is a standing crop of paddy in the subject land. According to thc petitioners, respondent Nos.4 to 7 filed a suit in O.S.No.257 of 2023 in the Court of Principal Junior Civil Judge, Sircilla, against them as well as respondent Nos.2 & 3 \ for de[laration of title and fbr rectification of wrong entrles ln the revenue records and lbr consequential relief of perpetual 2 KL. .J rV P \r 20917 ol2025 injunction. There are no interirn orders and tre said suit is pending While the matter stood thus, on tlte application submitted by respondent No.5, respondent No.3 has issued a notice ,Jated 20.05.2025 dilccting respondt:nL No.5, the petitioners and others to appear befbre him on 113.05.2025 and submit all the lelevant documents. According to the petitioners, on 23.05.2025, they havc ap reared belbrc rcspondent No.3 and submittcd written explanation. Even then, without passing any order oll the said rpplication o1' respondent No.5, respondent Nos.2 and 3 had ir.ritiated action for changing their names in thc revenue recorcs in respect of the subject land. In proof ol-the satnc, petitioncrs filed copies of prinkruts showing the details of land and pattadars in the record of rights and the transactic.ll status as gricvance is crcated and is penciing for approval ol the Collector'. in Bhu Bharati portal. Therefore, challonging l.hc said action ol respondent Nos.2 and 3, petitioners flled tht: present Writ Petition 3 KI-, J W P No 2O917 oI2025

3. Learned Assistant Government Pleader for Assignment, : i on instructions, would submit that respondent No.3 will consider the explanation submitted by the petitioners and documents filed by them and also pendency of O.S.No.257 of 2023 frled by respondent Nos.4 to 7 against the petitioners and respondent Nos.2 & 3 fbr declaration of title and for rectificatior.r of wrong entries in the revenue records and for consequential relief ol' perpetual injunction, and pass appropriate orders strictly in accordance with law by putting the petitioners and respondent Nos.4 to 7 on notice and affording them an opportunity.

4. In the light of the said subrnissions, notice to respondent I ) Nos.4 to 7 is dispensed with

5. Accordingly, this Writ Petition is disposed of directing respondent No.3 to consider the explanation dated 23.05.2025 along with the documents submitted by the petitioners and pendency of O.S.No.251 of 2023 filed by respondent Nos.4 to 7 against the petitioners and respondent Nos.2 & 3 for declaration of title and for rectifrcation wrong entries in the 4 Kl...l \\,.I'.No,)0917 ot 2025

1., ' revenue records and for consequential reliel' tlf perpetual injunction, and pass appropriate orders strictly in accordance with lau'by putting the petitioners and responccnt Nos'4 to 7 on notice ancl atlbrding them an opportunity. ln this rcgard, hc shall also submit a repoft to resllondent No.2, who in turn shall consicler thc same. This entire exercise shall be completed witliin a period of sixty (60) days tiorn the da e of rcceipt o[' copy ol' this order'. Till then, respondent \o'2 shall not proceed furlher. There shall be Iro order as to costs' Miscellaneous applications, if any pending, shall stand closed SD/. A.II.S. GOWRI SHANKAR ASSISTANT REGISTRAR //TRUE COPY// SECT N OFFICER To, 1 The Secretary, The State of Telangana' Revenue Delartment' Secretariat' Hvderabad.

2. tt;6[tili Collector, Raianna Sircilla District .. - 5. iii; i;;;lila r l,iusta'uaa' rtltandal' Raianna -Sirgilla' ;. o;; ccio-sl.iT. Surya Satish, Adv<lcate [oPUC] ;. ifi ddti"-cp tor- i"uJ'it'J' nigi Court tor the Stat: of relansana' at 6. Two CD CoPies Hvderabad [OUT] Dis trict TJ GJP I I I : i I I I j : l a I i i 1 i HIGH GOURT DATED:1810712025 ORDER WP.No.20917 ot 2025 .-z-:=-:::l .hg S-..rIa i,l a) i 1 1o srP "[25 DISPOSING OF THE WRIT PETITION WITHOUT COSTS q u ;o

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