Shikarukhana Pochamma v. 1. The State of Telangana

Oifice at Swarna Jayanti Complex, Sanjeeva Reddy Nagar, SriniN asa Nagar, Ameerpet, Hyderabad - 500038. Telangana. ...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, particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents particularly Respondents No.4 and 5 in trying to dispossess the petitioner from the land in Sy.No.130/5 to an extent of Ac 3.21gts situated at Vattinagulapally village, Gandipet Mandal, Ranga Reddy District without any notice and without following the due process of law as illegal, arbitrary and violation of Articles 14,21 and 300-A of the Constitution of lndia and consequently direct the respondents not to dispossess the petitioner from the subject land without following the due process of law. lA NO: 1 OF 2025 Petition under section 151 cpc praying that in the cir )umstances stated in the affidavit filed in support of the petition, the High cor r may be pleased to direct the Respondents not to interfere with the peace.i I poisession of the petitioner I and in sy No.'130/5 to an extent of Ac 3.21gts situated at Vattinagulapally village, Gandipet Mandal, Ranga Reddy Dis rict;ithout following due process of law, pending disposal of writ petition. Counsel for the Petitioner: SRI MOHD SUBHAN PASHA Counsel forthe Respondent No.1 to 4: Ms. SNEHITHA, ASST. GP FOR RE\/ :NUE Counsel forthe Respondent No.5: SRI V. NARASIMHA GOt D, SC FOR HMDA The Court made the following: ORDER a I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.21174 of 2o25 DATE OF ORDER: L2.12.2O25 Between: Shikarukhana Pochamma AND Petitioner The State of Telangana, rep. by its Principal Secretary, Revenue Department Secretariat, Hyderabad, and others . .. Respondents O.RDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: " . .. to issue a uit, order or direction, particularly one in .the nature of Wit of Mandamuq declaing the action of the Respondents partianlarlg Respondents No-4 and 5 in trying to dispossess the petitioner from the land in Sg.No.130/5 to an extent of Acs.3.2lgts situated at Vattinagulapally uillage, Gandipet Manda[ Ranga Reddg Distict u-tithout ang notice ond ttithout follotuing the due process of lauL as itlegal, arbitrary and uiolation of .-\qq .\ Articles 14, 21 and 30O-A of the Constitution of tndia and consequentlA direct the respondents not to disp' ssess the petitioner from the subject land utithout follott,'l g the due process of lau and to pass..."

2. Heard Sri Mohd Subhan Pasha, learned ,: ,unsel for the petitioner, Ms. Snehitha, learned Assistal - Government Pleader for Assignment, for respondent Nos lto4and Sri V.Narasimha Goud, Iearned Standing Couru el for HMDA, for respondent No.5 and perused the record.

3. Learned counsel appearing for the pet tioner u,ould submit that the government assigned the lancl t > an extent of Acs.3.21 guntas in Sy.No.130/5, situated at Va tinagulapally Viilage, Gandipet Mandal, Ranga Reddy Distrir:t to the father of the petitioner by name Sri Shikarukhana Pt'r taiah. Since the date of assignment, the father of the petitio' Ler r.n as eking out his livelihood by doing cultivation. lhe revenue authorities also incorporated the name of thr: father of the petitioner in the revenue records. Lrr er ofl, Sri Shikarukhana Pentaiah died intestate leavirLr behind the petitioner as his legal heir. Thereafter, t re petitioner approached the revenue authorities to mutat(l her name in Page 3 of4 the revenue records in respect of the subject property. The revenue officials mutated the name of the petitioner in the revenue records and issued pattedar passbook uide passbook No.2O99 155. Since then, the petitioner 15 ln peaceful possession and enjoyment of the subject property

4. After the Dharani Portal came into force, unfortunately, while incorporating the revenue records in Dharani Web Portal, the name of the petitioner is not entered. In that regard, the petitioner approached respondent Nos.2 to 4 requesting to incorporate her name in the digital records in respect of the subject property. But respondent Nos.2 to 4 failed to do so and advised her to apply online through Dharani Portal in terms of CCLA Circular No.l of 2021, dated 15.01.2021. The petitioner filed online application through Dharani Portal under TM-33 Module for correction of land records uide Application No.250O03490, dated

30.05.2025, which is still under consideration. While it is \ so, the respondent-authorities are trying to dispossess the petitioner from the subject property. Hence, the present writ petition. I I Pagc 4 of4

5. Learned Assistant Government Pleadet' for Revenue would submit that the application subrrt. -ted by the petitioner is under consideration. Without ollowing due procedure laid down under law, the respondr: rt authorities n,ill not take any action. Hence, seeks to pas i appropriate orders

6. In the light of the aforesaid facts and cir< umstances of the case and upon perusing the material availrr r1e on record, this Writ Petition is disposed of, directing tL r respondent- authorities not to interfere with the peaceful rossession of petitioner from the subject property, without bllowing due procedure laid down under law. If the petitio;r :r is found in illegal possession or otherwise, take appropri rte action by foliou,ing the due procedure, strictly in accorda :rce u,ith law. There sha1l be no order as to costs. As a sequel, miscellaneous petitions, il , .ny, pending, shall stand dismissed. //TRUE COPY// SD/. s r ALLIKARJUNARAO t ad! sreur REGISTRAB 7- ..-=;/.;... SECTION OFFICER \ .o,, \ 2 3 4 \, The Principal Secretary, Revenue Department' The"St3 e of Telangana' Secretariai, HYderabad. TheDistrictCollector,RangaReddyDistrictAtKong^arz<alan. The Revenue Divisional o#;;, R;'i";dranagar Divisicrr , Ranga Reddy District. in-J'irr,.irort, Gand.ipet Mandal, Ranga Reddy Distri(t 1 a. i.. . _. ..: 5 TTie commrssroner. r-tuderabad Metroporitan Deveropment Authority, office at Swama Jayanti Coinoiel^gilreeG RA ji'lru'g";i'SriniN ^ Ameerpet, Hyderabail - 5ooo3'8. reranoa-#.'-"-" ' 0. une cc to sRt MoHD su.BHANl4S{{,Advocate topucl 7. one cc to SRt V. NARAS.[{H1couo, 6C}5n iirr,ron [opuc] 8. Two CCs to Gp FOR REVENUE,-H,gh b;rrt # in" Strt" of Tetangana. 9. Two CD Copies asa Nagar, IOUI BN HIGH COURT DATED:1211212025 ORDER WP.No.21174 of 2025 o O )- ( * IT I4s t t t1 0E[ zffi z * DISPOSING OF THE WRIT PETITION WITHOUT COSTS