Gade Tirupathaiah v. 1. The State of Telangana

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 or Direction or an Order more particularly one in the nature of WRIT OF.MANDAMUS to declare the inaction of the respondent No. 2 in considering the F-Line application vide Transaction lD.No. 31T050900005759, dated 23-08-2023 of land in Sy.No. 58 to an extent of Ac.3-06gts situated at Khammam Nacharbm village, Doma Mandal, Vikarabad District and removal of the transaction status in Dharani showing wrongly as There is a court stay/ lnjunction or Court order on Sy.No./ Sub Division , for which it is difficult to transact the petitioner property as illegal, arbitrary, unconstitutional, violative of principles of natural justice and violative of Article 14, 21 and 300-A of the Constitution of lndia and consequently direct the respondents to remove the transaction status as there is a court stay/ lnjunction or Court order on Sy.No./ Sub Division and duly updating in the dharani portal in respect of the above said land. lA NO: 1 oF 2023 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 direct the respondents to remove the transaction status as there is a court stay/ lnjunction or Court order on Sy.No./ Sub Division and duly updating in the dharani portal in respect of the land in Sy.No. 58 to an extent of Ac.3- 06gts situated at Khammam Nacharam village, Doma Mandal, Vikarabad District, pending disposal of the main writ petition. Counsel for the Petitioner : SRI B.MADHU SUDHAN RAO Gounser for the Respondents No.1t.r= :S.:ffyffiFlirtff[JoR REvENUE, The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANG4,NA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT ,ON No.23676 of 20.23 Dated: 12.L2.2O25 Between: Gade Tirupathaiah ... Petitioner And The State of Telangarla, represented by its Principal Secretar5,'and two others " ' ResPondents This Writ Petition is filed under Article 226 of 'RDER Constitution of India seeking the following relief/s:- u... to issue a Writ or Direction or an Order more particularly one in the nature of WRIT OF MANDAMUS to d.eclare the inaction of the respondent No.2 in considering the F-Line application vide Transaction ID.No. 31T050900005759, dated 23-08-2023 of land in Sy.No.58 to an extent of Ac.3-O6gts situated at Khammam Nacharam village, Doma Mandal, Vikarabad District and removal of the transaction status in Dharani showing wrongly as "There is a court stay/ Injunction or Court order on Sy.No./Sub Division", for which it is diffrcult to transact the petitioner property as illegal, arbitrary, unconstitutional, violative of principles of natural justice and violative of Article \4, 2l and 300-A of the Constitution of India and consequently direct the respondents to remove the transaction status as there is a court stay/Injunction or Court order on Sy.No-/ Sub Division and duly updating in the dharani portal in respect such other order or of the above said land and Pass orders..." 2

2. Heard Mr.B.Madhusudhan Rao, learned counsel for the petitioner and Mr.L.Ravinder, learned Assistant Government Pleader for Revenue representing learned Government Pleader for Revenue appearing for respondents. Perused the record.

3. Learned counsel for the petitioner submits that the petitioner has purchased the land admeasuring Acs.3-06gts tn Sy.No.58, Khammam Nacharam Village, Doma Mandal, Vikarabad District from one D.Venkatesh Yadav vide document No.1616 of 2022 dated 15. lL.2O22 by paying valuable consideration of Rs.7,08,458/-. Since, the date of purchase the petitioner has been cultivating the land without any interference from third parties.

4. He contends that the petitioner has submitted an on- line application vide Transaction ID.No.31T050900005759, dated 23-08-2023 seeking to remove the transaction status in Dharani Portal in respect of land admeasuring Acs.3-06gts in Sy.No.S8 situated at Khammam Nacharam Village, Doma Mandal, Vikarabad District which was reflecting as "there is a court stay/lnjunction or Court order on Sy.No./Sub Division". He further contends that there are no cases pending with regard to the subject property in any Court of law. J

5. He states that the vendor cf the petitioner had purchased the subject property from Smt. Nalavoni Sujatha vide Sale Deed document No.l4LI of 2022 dated OL.LO.2O22 before respondent No.3 and the said Sujatha acquirecl tl^e said property after the death of her husband under mutation through succession on 02.06.2021 vide E-Pass Book No.T07050190187. He contends that if at all the on-line status of the subject property continues to reflect wrongly, the petitioner would be deprived of his valuable right over the \ property. Therefore, he seeks to pass appropriate orders.

6. Learned Assistant Government Pleader for Revenue contends that the case of the petitioner is under consideration before official respondents and appropriate orders would be passed in due course of time. Therefore, he seeks to dismiss the Writ Petition.

7. Having regard to the submissions of both the learned counsel and on perusal of the material available on record, this Court without making any observations on the merits or demerits of the case, deems it appropriate to direct respondent Nos.2 and 3 to examine the case of the petitioner and pass appropriate orders, strictly in accordance with law, 4 as expeditiously as possible, preferably within a period of ninety (90) working days from the date of receipt of a copy of the order, by putting the interested parties on notice and affording them sufficient opportunity of hearing.

8. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SdI-P.PONNA KRISHNA ASSISTANT REGISTRAR G SECTION OFFICER /,TRUE COPY/' To, l.ThePrincipalsecretary,RevenueDepartment'secretariat'TelanganaState Hyderabad.

2. The District Collector,, Vikarabad District' 3. The Tahsildar, Doma Mandal, Vikarabad District' 4. One CC to SRI B.MADHU SUDHAN RAO' Advocate' [OPUC] 5. Two CCs to GP FOR REVENUE, High Court for the Stdte of Telangana' louTl Two CD CoPies. 6 W BSK HIGH GOURT EW,J DATED i1211212025 / C) t * Ti{ E: S 2, C 0t[ 2U5 * ORDER WP.No.23676 of 2023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?$