The High Court · 2025

The state of Telangana Rep .by its Principal secretary for Revenue Department Secretariat, Hyder"b3l,-.-,-^ Et,^ .t A,t in6-orst collectoi, nninaouoabad District 506 101 The Revenue Oivi}on'al Offi""t, k.tiinrbirm mandal Mahabubabad Dist The Tahs itd a r, Keia]ii ub i., rui nd at, trlah abubabad. District chinthanuri Venkataiah, s/o rrl1ysailr,,-;ggi.lb"ut os years, R/o Kalwala iiirioE. r.s"mudrim mandal Mahabubabad Dist on''cu rtu re' R/o ffili"dr{; tii ;il;; i ; h, sl" M ;c,, fiiwata village, K.Samudram mand Adduri Venkateswarlu, s/o t'laraylna';dd-tbout -50 Vears' Occupation Ag ricu ttu re nlo ra'rfr,a6 ;i I l;g;, K. Srii.'i,oiit" mino at Mahdb u babad Dist Adduri paramatma, s/o Narayana,-;filnout-SS yrs, Occ' agriculture R/o 'i;d;H Kudurupaka rvrutna'ilii:-./" M;li;i"il[;d;b"rt-65 yrs, Occ' agriculture R/o iGM;H;irrrg", K-srniroo* mandal lVlahabubabad Dist T of R5,6&9 are amended as per c.o. dated 25lgt2o25 in lA No' 212022 ri iri g", (Srrnro ri* inandal t, i[".:r1{kfO,3,'" -Mahabu baba9 Dist ;..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 writ or direction more particularly one in the antrue of writ of Mandamus by declaring the action of Respondent No'4 in deleting the and admeasuring Ac 1. 17 guntas Ac 1.35 guntas from the Dharani Portal comprised in survey No. 117111211 situated at Kalwala village,Kesamudram mandal' Mahabubabad Dist and kept the same in holdin(y without any notice, enquiry' order as illegal, arbitrary, uniust and consequentially direct the Respondent No' 4, to include the Petitioners land admeasuring Ac 1'17 guntas out of Ac 1'35 guntas in Survey No. 117111211 situated at Kalwala village, Kesamudram village, Mahabubabad District and untock from the holding lA NO: 1 OF 2022 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 Respondent No. 4, to inctude the Petitioner's land admeasuring Ac 1.17 guntas in Dharani portal in Survey No. 11ll1t2 t1 situated at Kalwala village, Kesamudram village, Mahabubabad District by unlocking the same from Dharani Portal pending the disposal of the writ petition No 2022 Counsel for the Petitioner: SRl. M. S. N. PRASAD counsel for the Respondent Nos. 1to4: sRl H. RAKESH KUMAR, AGP FOR REVENUE Counsel for the Respondent Nos.Sto8: SRI B. BALAJI Counsel for the Respondent No.9:- The Court made the following: ORDER ( THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITIO N No.3O829 oF 20/22 ORDER: This Writ Petition is filed und.er Article 226 of Constitution o... to issue a writ or direction more particularly one in the nature of writ of Mandamus by declaring the action of Respondent No.4 in deleting the land admeasuring Rc l.17 guntas out oiAc r.35 s""t"" from the Dharani portal comprised in Survey No:117/ l12/ I si"tuated at Kalwala village, Kesamudram mandar, Mahabubabad oist and kept the same in hotding without any notice, enquiry, order as ilegJ, arbitrar5r, .rru_r"! and consequentially direct the iRespondent No: 4lto include the Petitioner's land admeasuring Ac 1.17 guntas out of Ac 1.35 guntas in survey No:r17/ Lt2lr situated at K-alwala village, Kesamudram village, Mahabubabad District and unlock from tlhe holding and pass such other order or orders..."

2. Heard Mr.M.s.N.prasad, learned counsel for the petitioner, Mr.H.Rakesh Kumar, learned Assistant Government pleader representing learned Government pleader for Revenue appearing for respondent Nos.l to 4 and Mr.B.Balaji, learned. counsel for respondent No.6

3. The brief facts of the case are that the father of the petitioner namely srihari was the owner and pattadar of lands admeasuring Ac. 1.35 guntas in survey No.l tr I L /2, Ac o.2L guntas in survey No.lfi/a/2; that after the death of the petitioner's father, his mother smt.seelam venkatamma with the consent of his brothers had executed a Gift Settlement Deed vide registered document bearing No.6l53 of 2olo dated og.1o.2o10 in favour of the petitioner in respect of the above mentioned lands 2 admeasuring Ac 2.L6 guntas; that since then the petitioner is in continuous possession and enjo5rment of the said lands by cultivating the same; that the name of the petitioner was also mutated in the revenue records and he was also issued the Digital Pass Book and the title deed; that the pahani also clearly shows that the petitioner is the owner and Pattadar of the said lands; that while so, the land to an extent of Ac 1.17 guntas was deleted out of Ac. 1.35 guntas in Survey No. lt7lll2ll; that it was shown in the Dharani Portal that the petitioner is holding Ac 0.18 guntas out of Ac 1.35 guntas; that the petitioner had never sold any portion of the land to anyone and that the unoflicial respondent Nos.S to 9 approached respondent No.4 and got their narnes entered in the records in respect of land admeasuring Ac. 1.17 guntas without any basis; that respondent No.4 neither issued any notice nor conducted any enquiry before deleting the land. from the petitioner's holding and that the said action of respondent No.4 is illegal ald unjust; that the digital pass book and pahani patrikas clearly show that the land owned by the petitioner was admeasuring Ac. 1.35 guntas as pattadhar in Survey No.l 17/ L /21 1; that in view of the said illegal interference by respondent No.S, the petitioner gave a complaint to the Police, who in turn addressed a letter to respondent 3 No.4/Tahsildar to know whether respondent No.5 got any land in Survey No.117; that on 28-9-2O2L, respondent No.4 stated that respondent No.5 does not hold any land as per the records in Survey No.117. The petitioner states that respondent No.4/Tahsildar, entering the names of unoflicial respondent Nos.S to 9 in Dharani Portal in respect of the subject land, without any notice is illegal and unjust. Aggrieved by same, the petitioner filed the present Writ Petition.

4. Learned counsel for the petitioner submits that the petitioner had submitted a representation dated 14.L2.2O2I to respondent No.4, requesting to take appropriate action against the illegal entries made in respect of petitioner's land but no action has been taken. He states that the petitioner also filed a Suit for Injunction vide O.S.No.69 of 2OL6 and the same was dismissed vide judgment dated 2O.OI.2O2O. He states that the dismissal of the suit shall not be a ground to reject the claim of the petitioner and'seeks to pass appropriate ord.ers.

5. Learned counsel for respondent No.6 by filing counter affidavit submits that respondent No.6 had purchased the land admeasuring Ac L.23 gts from the petitioner's grand father Sri Sheelam Boolikonda Ramaiah under sada Sale Deed in the year 4 1993 and since then, respondent No.6 is in peaceful possession of the land; that again respondent No.6 had purchased Ac 1.04 gts of land in survey No. 117/AA from the father of the petitioner under sada Sale Deed and that the said lands are situated in Kalwala Village and the same were regularized under ROR proceedings; that the revenue authorities have issued pattadar pass book alld title deed vide patta No.671 and Book No.235035; that the Electricity Department also gave electricity connection in the year, 1993; that the petitioner is aware of the said alienations but filed the Suit for Perpetual Injunction vide O.S.No.69 of 2016 and the same was dismissed vide judgment dated 2O.OL.2O2O. He states that the petitioner failed to prove his possession over the subject property and seeks to dismiss the Writ Petition.

6. karnecl Assistant Government Pleader for Revenue concedes to the submissions of learned counsel for respondent No.6.

7. Having regard to the submissions of all the learned counsel and on perusal of the material available on record, this Court is of the opinion that the representation dated L4.12.202L submitted by the petitioner was not considered by respondent No.4 till date. Therefore, respondent No.4 is directed to conduct a 5 denouo enquiry on the representation dated L4.12.2O2L submitted by the petitioner and pass appropriate orders, as expeditiously as possible, by putting all the parties on notice and by affording them sufficient opportunity of hearing. B. With the above direction, this Writ Petition is disposed of. No costs. Miscellaneous Petitions, pending if any, shall stand closed. //TRUE COPY// /T o, SD/-A. SRINIVASA REDDY ASSISTANT REGISTRAR G SECTION OFFICER

1. The Princioal secretary for.Revenue pupq(Tgnt Secretariat, T.s.,Hyderabad ? The Dist Cbltector, tr,tariauuoiulo oistri"isoo ioi - 3 The Revenue Divisional.Officer, XesamuOiam mindal Mahabubabad Dist I lne lqlgirdar, Kesamudram Mandar, uirriuuoiulo oirtri"t ----- - 5. One CC to SRt. M. S. N. PRASAD, AdvociieiOFut] 6. Two ccs to Gp FoR REVENUE ,High boJ,t ?oi tnJ'strte of retangana at 7. One CC to SRl. B. eRLA.Jl, Advocate tOpUCI 8. Two CD Copies lyderabad [OUTI BM BS I i 1 HIGH COURT DATED:2510912025 ORDER WP.No.30829 ot 2022 o o 7oR rne srf ,tl tllll 6 * oEs r:.116;t(-1-) * ($ !, a A {+ DISPOSING OF THE WRIT PETITION WITHOUT COSTS rt ,^ \