Peravally Sree Vani 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 direction or order or writ, more particularly in the nature of a writ of mandamus, to call for records related to pahanis and other relevant documents related to granting the compensation for the extent of Ac 4.25 Gts in Sy No 478lB/30 in Velluturu village of Chintalapalem Mandal, Suryapet District with a direction to Respondent No. 2 and 3 to deposit the compensation money for the extent of Ac 4.25 Gts in Sy No 47818/30 in Vettuturu village of Chintalapalem Mandal, Suryapet District with the competent Land Acquisition Tribunal. lA NO: 1 OF 2024 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 grant the stay of all proceedings in File No. F141612O20 related to the disbursement of compensation for the submerged land of extent of Ac 4.25 Gts in Sy No 478/8/30 in'Velluturu village of Chintalapalem Mandal, Suryapbt District with related to. Counsel for the Petitioner: SRI PRABHAKAR PERI Counsel forthe Respondent No.1 to 4: AGP FOR REVENUE REP' FOR ADVOCATE GENERAL Counsel for the Respondent No.5: M/s. P.VIJAYA LAKSHMI The Court made the following: ORDER I / ) THE HON'BLE SRI JUSI-ICE T. VINOD KUMAR WRIT PETITION No.22299 of 2024 ORDER: Heard learned counsel for petitioner, learned Assistant Govemment Pleader attached to the Office of the leamed Advocate General appearing on behalf of respondent Nos.1 to 4 and Ms.P.Vijaya Lakshmi, leamed counsel appearing on behalf of respondent No.4, and perused the record.

2. This Writ Petition is filed lor issuance of a Writ of Mandamus to call for records relating to Pahanis and other relevant documents relating to granting ol compensation t respect of land to an extent ol Ac.4.25 gts in Sy.No.478/8/30 in Velluturu village of Chintalapalem Mandal, Suryapet District with a direction to respondent Nos.2 and 3 to deposit the compensation amount in respect of the aforesaid extent of land with the competent Land Acquisition Tribunal.

3. Petitioner contends that her father possessed various extents of land in Vellaturu and Adduluru villages of Chintalapalem Mandal, Suryapet District; that her father died intestate on 2 24-12-2002; that she along with her mother and two sisters inherited the lands of her father as per Hindu Succession Act; that during the year 2018 and 2019 she leamt that certain Iiaudulent ontries were made in the revenue records in respect of the lands possessed by her father; that on noticing the above and after causing enquiries and on leaming of the liaudulent entries made in the revenue records taking advantage ofher father death, she had approached the respondent authorities and sought lor fumishing certified copies of the pahanis of various suruey numbers from the year 1954 onwards; and that in spite of petitioner making the aforesaid request, the cornplete information has not been fumished.

4. It is further contended that on account of respondents furnishing incomplete information, whereby the unrelated parties are claiming title to the lands belonging to her farher and also being shown as entitled to receive compensation, the petitioner had approached the respondent authorities by submitting representation dated 20-01-2021 bringing the aforesaid facts ro the notice of the said authorities. )

5. It is also contended on behalfofthe petitioner that in spite of petitioner making multiple applications/request for furnishing complete set of copies of the revenue records relating to the land belonging to her father, the respondent authorities, without fumishing the information desired, are taking steps to finalize the land acquisition proceedings initiated, by paying compensation to the unrelated persons, who have no legal or valid title to the subject property, thereby depriving the petitioner right to receive compensatlon.

6. Counter-affidavit on behalf of respondent No.3 is filed'

7. Leamed Assistant Govemment Pleader attached to the Office of the learned Advocate General appearing on behalf of respondent Nos. I to 4 submits that the Executive Engineer, Division No.2, Dr.K.L. Rao Sagar (PCP) Project, Jaggaiahpeta submitted requisition proposals for acquisition of submerged patta lands of Vellatoor village to an extent of Ac'4'25 gts in Sy.Nos.478, and that based on the aforesaid requisition submitted by the Executive Engineer, the authorities have initiated land acquisition process. 4

8. By the counter-affidavit, it is further stated that in response to the repr'esentation submitted by the petitioner for fumishing records from the year 1954 to ascertain the details of the land held by her father, the 4th respondent could not supply the documents to the Writ petitioner due to non_availability of staff in the office and also on account of abolition of the post of Village Revenue Officers in the Revenue Department.

9. Leamed Assistant Government pleader, . however, on the basis of the counter-affidavit would submit that pursuant to the order of this Court, the available records were sent to the leamed counsel for petitioner under the cover of letter dated I I _09_2024.

10. It is further submitted that all the records were kept in the Tahsil Office and that the available records with the office of the Revenue Divisional Officer would be fumished to the petitioner. 1 1. Leamed Assistant Govemment pleader further submits that the remaining records, which are available in the office of the Tahsildar are concerned, the same would be called for from the said Office and required information would be furnished to the petitioner. / 5

12. Leamed Assistant Government Pleader further submits that since petitioner has raised an objection in respect of land to an extent of Ac.4.25 gts in Sy.No.47818130, the authorities would consider the said objection while finalizing the award proceedings and if the claim of the petitioner is lound acceptable, the authorities would. take steps to refer the dispute relating to title as per Section 76 and 77 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 201 3 (for short 'the Act') to the authority constituted under Section 64 ofthe Act.

13. Learned Assistant Govemment Pleader further submits that since petitioner is claiming land in respect of land in Sy'No' 478l8l3),which is recorded in the name of unofficial respondent, there exists title dispute, which the said authorities cannot go into while flnatizing the land acquisition proceedings, and thus, necessary steps would be taken for making reference at the time of passing of award.

14. Leamed counsel appearing on behalf of unofficial respondent, on the other hand, submits that the land to an extent 6 of Ac.4.25 gts in Sy.No.47818130 was purchased by the unofficial respondent frorn the father of petitioner during his lifetime under sadabainama and got the same regularized subsequently and as such, the petitioner cannot claim of unconnected persons' names being mutated in the revenue records.

15. Leamed counsel for unofficial respondent furrher submits that the authorities have mutated the subject land during the year 2006 itselfand the petitioner did not raise any objection for such mutation till filing of the present Writ Petition except in relation to non-fumishing of documents.

16. I have taken note of respective contentions urged.

17. Though, petitioner clairns to be the successor- in-interest to the estate of her father and that certain unconnected persons laying claim to their land by forging documents viz., sada sale deeds and claiming the said documents having been executed by her father, such disputes cannot be gone into by this Court in exercise of its jurisdiction under Afticle 226 of the Constitution oflndia. t I 7

18. Further, even as per the provisions ofthe Act, such disputes cannot be adjudicated by the Land Acquisition authorities. The Authorities on issuing preliminary notification and declaration and receiving objection as to the title to the subject land under acquisition, are required to make reference under Sections 76 and 77 ofthe Act to the authority constituted under Section 64 of the Act for resolution of such dispute, which inter a/ra includes title disputes also.

19. Since, in the facts of the present case, as the petitioner is laying ctaim to the land in Sy.No.478 as belonging to her father, white the unofficial respondent claims the subject land having been sold to him under a sada bainama regularized in the year 2006, this Court is of the view that the Land Acquisition Authority, while passing the award is required to take note of the said dispute and by exercising power under Sections 76 and 77 of the Act is required to make reference of the said dispute to the authority constituted under Section 64 of the Act by depositing the compensation amount also with the said authority' 8

20. Subject to the above observation and direction, the Writ Petition is disposed of. No costs

21. As a sequel, miscellaneous petitions pending if any shall stand closed. To, //TRUE COPY// SD/.A. .S. PRASAD ASSISTANT EGISTRAR SE N OFFICER l.ThePrincipalsecretary,RevenueDepartment,secretariat,Hyderabad,State of Telangana.

2. The District Collector, Suryapet District' Telangana 508213' 3. The Revenue Divisional Officer, Huzoornagar, Suryapet, Telangana 508213' 4. The Tahsildar, Chintalapalem (Mandal), Suryapet District' 5. One CC to SRI PRABHAKAR PERI, Advocate [OPUC] 6. One CC to M/s. P.VIJAYA LAKSHMI, Advocate IOPUC] 7. Two CCs to ADVOCATE GENERAL, High court for the state of Telangana at Hyderabad [OUT]

8. Two CCs to GP FoR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

9. Two CD CoPies BSR BS $ HIGH COURT DATED: 0210112025 \ I ORDER WP.No.22299 of 2024 THE S r/t o (.) O 8 JAiJ M (. (' 7- I -.1 T DISPOSING OF THE WRIT PETITION, WITHOUT COSTS @Iid %r