✦ High Court of India · 02 Apr 2025

High Court · 2025

Case Details High Court of India · 02 Apr 2025
Court
High Court of India
Decided
02 Apr 2025
Bench
Not available
Length
1,527 words

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or orders or direction more particularly one in the nature of writ of certiorarified mandamus declaring the order in Revision Petition No. D1/'19712019, dated 10.06.2019 passed by the 2nd respondent herein as arbitrary, illegal, contrary to law, against the provisions of A.P. Rights in land and pattedar passbook Act, 1971 and also violation of Articles 21 and 300-4 of the constitution of lndia besides violative of principles of natural justice and set aside the same. lA NO: 1 OF 2019 Petition under section 151 cPC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order in Revision Petition No. D1119712019, dated .1O.06.20.lg passed by the 2nd respondent herein, pending disposal of the Writ petition. lA NO: 2 OF 2019 Between: Kashireddy Mohan Reddy, S/o. Ashanna, aged about 62 years, Rl/o. H.No.3-92, Ammakkapet Village, lbrahimpatnam Mandat, Jagtial District. (erstwhite Karimnagar District. ) AND ...PET|T|ONER/RESpONDENT No.5 Chintala Narayana, S/o. Gangaram, aged about 55 years, Occ: pvt. lmpfoyqent, Rl/o. H.No. 111O1266t811, priyadarshini Cotony, Meipafly, Jagtiat District, Telangana, Rep. by his GPA Holder Chintala Sushdeta, Wlo.'Cniniala Narayana. ...RESPONDENT/WRIT PETITIONER 2. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

3. The Joint Collector, Jagtial District. 4. The Sub-Collector and Sub-Divisional l\Iagistrate, Metpally, Jagtial District. 5. The Tahsildar, lbrahimpatnam Mandal, Jagtial 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 interim orders in l.A. No.1/2019, dated 01.07.2019 and dismiss W.P.No. 13002 of 2019 with exemplary costs. Counsel for the Petitioner: SRI MD KALEEM PASHA Counsel forthe Respondents No.1 to 4: AGP FOR REVENUE Counsel forthe Respondent No.S: SRI M. RAVINDER REDDY WRIT PETITION NO: 22196 OF 2019 Between: Kashireddy Mohan Reddy, S/o Ashanna, aged abgqt 6! Vgars., Fi./o..H.No.3-92, Ammakkaiet Village, lbrahimpatnam lt/andal, Jagtial District (erstwhile Karimnagar District). ...PETITIONER AND '1 . The State of Telangana, rep. by its Principat Secretary, Revenue Department, Secretariat, Hyderabad. 2. The District Collector, Telangana State. Jagtial District, (erstwhile Karimnagar District),

3. The Joint Collector, Jagtial District, (erstwhile Karimnagar District), Telangana State.

4. The Sub-Collector and Sub-Divisional Magistrate, Metpally, Jagtial District, (erstwhile Karimnagar District), Telangana State.

5. The Tahsildar, lbrahimpatnam Mandal, Jagtial District, (erstwhile Karimnagar District), Telangana State.

6. Chintala Narayana, S/o. Gangaram, aged about 65 years, F/9 H.No.1/10/266/611, Prlyadarshini Colony, Metpalli, Jagtial District, (erstwhile Karimnagar Distriq), Telangana State. ...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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring all the proceedings, the order in Revision Petition No. D1119712019, dated '10-06-20'19 passed by 3rd respondent and order in Appeal No. F:t7524t2l14, dated 03-08-20'18 passed by 4th respondent as vitiated, illegal, arbitrary, contrary to law, against the provisions of the A.P. Rights in Land and Pattadar Passbook Act, '1971 and also violation of Articles 21 and 300-4 of the constrtution of lndia besides violative of principles of natural justice and consequently set aside the same' IAN O: 1 OF 2019 Petition under section 151 CPC praying that in the circumstances stated in theaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedto suspend the order in Revision Petition No. D1/'197l2019, dated 10-06-2019 passed by the Joint Collector, Jagtial, the 3'd respondent herein, filed against the order in Appeal No 817524t2O14, dated 03-08-2018 passed by the 4th respondent, pending disposal of the main writ petition. Counsel for the Petitioner: SRI RAVINDER REDDY MUPPU Counsel for the Respondents No.1 to 5: GP FOR REVENUE Counsel forthe Respondent No.6: SRI MD' KALEEM PASHA The Court made the following: COMMON ORDER I /-, SK.J W-P.Nos.13OO2 and 22196 of 2019 THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION Nos.13002 and22L96of2OL9 COMMON ORDER: Since both these writ petitions are filed questioning the order passed in Revision Petition No.D1l 19712019 dated 10.06.2019 by the Joint Collector, they are being disposcd of by this common order.

2. Heard learned counsel for the pe titioners in both the writ petitions and learned Assistant Government Pleader for Revenue artd perused the material on record.

3. In both the writ petitions, the contesting parties are questioning the order of the respondent No.2-Joint Collector dated 10.06.2019. The operative portion of s the said order reads as under:- "On perusal of the documents submitted by the revision petiLioner and respondents as well as pleadings of the both coun\eLs. The main contention of the revision petition is that he Ltls r'i t, 2 SK,J W-P.Nos. 13002 and 22196 of 20t9 'l \ purchased land to al1 extent of Ac.6-10 gts in Sy.No.5O4 of lbrahimpatnam Village where as the Appellate Authority has set aside the order passed by the lower Tribunal File No.B/ROR/ 5212005 dated 2l.O3.2OOS issued by the Tahsildar, Ibrahimpatnam. Aggrieved by the orders of Appellate Authority the petitoner hled a revision petition stating that the revision petitioner purchased the land to an extent of Ac.6-10 gts. The Appellate authority herein observed that due procedure was not followcd in regolarizirlg the land which was purchased through a simple sale deed i.e., the file does not contain Form 11 and 12 notices and it was not referred properly to Sub-Registrar Office for fixaLion of stamp duty and did not contain the enquiry report of MRI & VRO etc. The appellate authority has rightly pointed out that the due procedure was not followed at the lower Tribunal i.e., Tahsildar Ibrahimpatnam which is not a fault of the revision petitoner who is in position of the land but for the administrative lapses, the Revision petitoner has to suffer, the appellate authority would have ordered for a de nouo enquiry instead allowed the appeal petition basing on the report of the present Tahsildar Ibrahimpatnam unilaterally_ In the circumstances explained above the Revision petitlon is allowed and the Tahsildar, Ibrahimpatnam is hereby directed to conduct a de nouo enquiry duly issuing notices to all the concerned while following the due procedure la.id down in the Act,,.

4. After arguing for some time, both the counsel appearing for the petitioners in the writ petitions requested to remald the matter back to the Tahsildar SK.I W.P.Nos. 13002 and,22196 ot 2OI9 as per the directions of the Joint Collector in the impugned proceedings. 5 In view of the same, without going into the merits of the matter, the Writ petitions are disposed of by setting aside the ROR proceedings No.B/ROR/52l2005 dated 21.O3.2OO5 issued by the Tahsildar, Ibrahimpatnam and remanded back the matter to the Tahsildar, Ibrahimpatnam for conducting d.e nouo enquiry under ROR Act for mutation of revenue records by giving opportunity to both the parties including personal hearing. Till disposal of the said proceedings, both parties are directecl to maintain sfafus quo existing as on today with regard to the suit schedule property. No order as to costs. 6. Miscellaneous applications, if any pending in these writ petitions, shall stand clo S /,TRUE COPY// D/- P.ch. N AGABHUSHA DEP UTY REGTS A R To, I SECTION OFFICER Revenue Department' State of Telangana' "' $:,..81'g?l',fio "?531T1 2 rhe Joint c:l':1"-'*::rffiiiln,r 3. The sub-collector and 5uo-L,,rvrrr\-'r rqr rv'"i' -- rt'r'si't'ute' I\retpaflv' JastiarDistrict r -* ttrlllt: "' ' l

4. The Tahsildar, lbrahimpatnam [Vandal, Jagtial District. 5. The District Collector, Jagtial District, (erstwhile Karimnagar District), Telangana State.

6. The Joint Collector, Jagtial District, (erstwhile Karimnagar District), Telangana State.

7. The Sub-Collector and Sub-Divisional lvlagistrate, Metpally, Jagtial District, (erstwhile Karimnagar District), Telangana State. B. The Tahsildar, Ibrahimpatnam lVlandal, Jagtial District, (erstwhile Karimnagar District), Telangana State

9. One CC to SRI MD KALEEil/ PASHA, Advocate [OPUC] 10.Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] 1 1. One CC to SRI MADAS BHARATH CHANDRA, Advocate [OPUC]

12.One CC to SRI RAVINDER REDDY tUUPPU, Advocate [OPUC] 'I 3. Two CD Copies MP GJP {\. e { r ,,/ HIGH COURT DATED:0210412025 ., r n l-- S ri ,. i- * o o o 27 JUri 20m * D ESp,1T r- 1r rj: -l COMMON ORDER W.P.NO: 13002 AND 22196 OF 2019 DISPOSING OF THE WRIT PETITIONS r WITHOUT COSTS I $ i (st ."*<'l fu" -

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