The High Court · 2025

Counsel for the Petitioners: SRI K.V.BHANU PRASAD, SEI. IOR COUNSEL FOR Counsel for the Respondent Nos.1 TO 3: SRI L.RAVINDEFI. AGp FOR SRI KOTHAPALLI SAI SRI IARSHA Counsel for the Respondent Nos.4 TO 7: Gp FOR HOME REVENUE The Court made the following: ORDER THE HONOURABLE SRT JUSTICE E.V.VENUCIOPAL WRIT PE;TITION No. 2L547 of 2025 ORDER: Aggrieved by the action of respondent Nos.2 ro 7 in trying to dispossess the petitioners from their agricultural la.ds in Survey No.15O3 to an extent of Ac.12-45 guntas situated at Kothapallegori Village and Mandal, Jayashankar BhupalpaJli District, the present writ petitior-r is filed. A consequential prayer is sought to direct the respondent Nos.3 to 7 not to dispossess the petitioners from their aforesaid land.

2. Heard Mr. K.V.Bhalu Prasad, learned Senior Counsel appearing on beha,lf of Mr. K.Sai Sri Harsha, learned counsel for the petitioners on record and Mr. L.Ravinder, learned Assistant Government pleader for Revenue appearing for respondent Nos. 1 to 3.

3. Learned Senior Counsel ior the petitioners submitted that the petitioners are the iegal heirs of one late Mohd. Sulaimal Ghori, who was the owner and possessor of agricultural land admeasuring Ac.l2- 18 guntas in Survey No.15O3 of Kothapallegori Village, Regonda Mandal, Jayashankar Bhupalpalli District. It is stated that late Sulaiman Ghori died on 05.05.201 1. The petitioners approached respondent No.3 - Tahsildar, Ghori Kothapalti Maldal, seeking rnutation of thq1r narnes ln respect of the said property. The 2 respondent No.3 issued a notice dated 1O.lO.2t) 1.7 directing the petitioners to obtain a lega1 heir certif,rcate from the r: rmpetent Court

4. It is further submitted tl-rat late SulaimeLrr Ghori was the maternal uncle of the petitioncrs and that he died L: Lving behind on11' the petitioners as his legal heirs. Basing on tl'r,: said notice, the petitioners filed O.S.No. 117 of 2018 before the lear red V Additional Junior Civil Judge, Warar-rga1, seeking a declaratior that they are the 1ega1 heirs of late Sulaimar-r Ghori and late Illahi (i rori, rvherein the respondent No.3 lr'as arrayed as one of the defendar ts. By judgment dated 30.11.2018, the learned V Additional Jtr Lior Civil Judge declared the petitroners as the legal heirs of th€: r eceased persons based on the documentar5r evidence marked as Exs.Al to A1O. Despite the said judgrnent, the respondent No.3 ne i -her mutated the narnes'of the petitioners in place of the deceased Ir, titioners' relative nor allor,ved them to continue in possession. It is { trther contended that respondent Nos.3 to 7 at.e attempting t,r dispossess the petitioners from the said property for the purpose rf constructing a police station. Aggrieved thereby, the present writ retitoin has bben filed seeking protection of their possession

5. On the other hald, learned Assistant Gover.t nent Pleader for Revenue placed before this Court, the instructrc I s received from respondent No.3, u.herein it is stated that as per Kl asra pahani, the .@:,;w ,l 3 land in Survey No.1503 to an extent of Ac. 12- 18 guntas stands in the name of Mohd. Sularman Ghori, Slo.Azan Ghori, of Ghori Kothapalli Village. It is submitted that the said person was in possession of Ac.46-22 guntas o[ land spread across several survey numbers. It js further stated that he died leaving behind no legal heirs and rhe petitioners' claim of heir ship is incorrect. It is contended that tl-re petitioners \\rere ne\/er in physical possession of the said propert5r, and the same has been under cultivation by other ryots for the past 30 years. The ofllcia.l authorities, therefore, did not consider mutation in l \ the petitioners' favor. It is also clarified that the proposed police station is being constructed in the premises of the ZPHS Schoot of thc t said village and not on the petitioners' Iand. It is further contended that the judgment in O.S.No.l47 of 2018 does not specify an\r schedule of property ald is not a succession suit dctermir-rin ', ownership ol the subject land. Hence, the claim of the petitioners is unsus tainable.

6. This Court, having heard the submissions of learned Scnior Counsel for the petitioners and learned Assistant Government Pleader for Revenue ald upon perusal of the material piaced on record, observes that the petitioners have not produced aly lega1 heir or succession certificate in respect of Iate Mohd. Sulaiman Ghori. It is also brought to the notice of the Court that the offtcial respondents are not interfering with the said agricultural land that the construction of 4 the police station is taking place in the premises of tl e ZPHS school of the said village. 7 . In vie$ of thc :rbove and u'ithout expressing e r v opinion on thc merits and derncrits of- tire case, rhis Court deernr; it appropriate to dispose of thc u.rit petitron ivith the above observarlcr s. B. Accordingly, this u,rit petition is disposed of. ' 'here shall be no order as to costs As a sequel tl.rt:reto, rnlscellareous applicatiorr I if any pending, in this petition, shall stand closed Srl/ M.OSMAN ALI BAIG ASJ STANTREGISTRAR ./.. -,,4- l--/ I //TRUE COPY// The Principal Secretary, Revenue Department, Secret: t of Telangana The Distiict Collector, Jaya Shankar Bhupalpally District The Tahslldar, Ghori Kothapallr Mandal, Jaya Shankar E The Superintendent of Police, Jaya Shankar Bhupalpa" The Deputy Superintendent of Police, Jaya Shankar Btrt Division, Jaya Shankar Bhupalpally District. The lnspector of Police, Chityal Police Station, Jaya Si i District. The Station House Officer, Regonda Police Station, Ja / Bhupalpally District One CC to SRI KOTHAPALLI SAI SRI HARSHA, Advoc Two CCs to GP FOR REVENUE, High Court for the Str Hyderabad IOUT] Two CCs tc-r GP FOR HOME, High Court for the State o' Hyderabad IOUT] Two CD Copres SECTION OFFICER at, Hyderabad, State rupalpally District District. palpally Sub- rkar Bhupalpally Shankar 30 t f oPUCI Telangana, at Telangana, at To 2 3 4 6 7 8 I 10 11 PSK., PMK cH( HIGH COURT DATED:0611112025 ORDER WP.No.21547 of ,2025 .i;ffiT5 6 FE8 20i6 ".t,, 1 I t! a-'t t: () r) ) ..,,(\.' DISPOSING OF THE WRIT PETITION WITHOUT COSTS (, ,\op YY \?' 4^\ 1,