tvlalipeddi Venkateswarlu. S/o Kannaiah v. 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 an appropriate writ, order or direction more particularly one tn the nature of writ of Mandamus declaring the action of the respondent No.2 to 4 in not considering the online Application vide No.2400053419, dated 04.07.2024, and not taking action against the respondent No.S, who is mutated the ancestral property on his name, by forgering the signature, without partition to one of shareholder of the petitioner in'respect of the land in Sy.No.13 to an extent of Ac.0.33 gts situated at Muthapuram Revenue Village, Gundala Mandal, Bhadradri-Kothagudem District, is highly illegal, arbitrary, u nconstitution a l, violation of Principles of Natural Justice and also in violation of Articles 14,21 and 300-4 of the constrtution of lndia and consequently direct the respondent No 2 to 4 to consider the online Application vide No.2400053419, dated 04.07.2024, and to take action against the respondent No 5, who is mutated the ancestral property on hrs name, by forgering the srgnature. without partition to one of shareholder of the petitioner rn respect of the land in Sy No 13 to an extent of Ac.0.33 gts situated at lvluthapurarll Revenue vrllage. Gundala lvlandal, Bhadradri- Kothagudem Dtstrict lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit frled in support of the petrtron, the Hrgh court may be pleased to direct the respondent Ncl,2 to 4 to consider the online AppIication vide No.2400053419, dated 04 07 2024. and to take actron against the respondent No 5, who is mutated the ancestral property on hts nanre, by forgering the signature, wrthout part tton to one of shareholder of the petitioner in respect of the land in sy.No 13 to an extent of Ac.O 33 gts situated at Muthapuram Revenue Village, Gundala lVlandal. B had rad ri-Kothag udem Distrrct pending disposal of the writ petition Counsel for the Petitioner : SRI KALVALA SANJEEV Counsel for the Respondents No.1to4: SRI L.RAVINDER, AGP FOR REVENUE Counsel for the Respondents No.S : -- The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.24536 of 2o24 ORDER This Wrir Pcrition is filed praying this Court ro declare the :rction of rcspondcnt Nos.2 to 4 in not considering the online application bearing No.2.+000534 19, dated 04.O7.2024 and not taking action agilinst respondent No.5, the pel.itioner's e.lder brothcr, rr.ho has forgcd the signatures o[ the other family members and u'itl-rout parLition, got the ancestral property i.e. Iand admcasuring Ac.0.33 guntas in S_v.No. 13 ol Muthapuram Revenue Village, Gundala Mandal, Bhadradri-Kothagudem District, as illegal, arbitrzrrl,. and violative of Articlcs I4, 2l and 3OO-A of the ConstiLution of India and consequently, prayed for olher appropriate rc Iiefs.

2. Heard Sri K.Sanjccv, learned counsel lor the petitioncr and Sri L- Ravinder, learned Assistant Government Pleader for Revenue appearing for tltc respondents and with their consent, this Writ Petition is being taken up for disposal at the admission stage.

3. Learned counsel for the petitioner would submit that respondent No.5 u'as an cmployee of Revcnue Department and after the death ol the petitioner's father in the year 1998, 7 I VV. .I \\'p 115!6 1021 \\ ilhoLrt inlo:ntrngl tlrr' pelitioner, other lanlily tllcnrl)crs and the It girl lrt'ir s ol iri:; i-ir:i-,er. lrtrd ol)Lairlc(l pattildiir passbook in r('specL ol tlrc ,.rrLd ritlll'Leitsuring Ac O fJ3 g..tntils ilr Sr' No.I3 of Itiurhaptrranr llcvcnLLe Villargc, (]undrla Mallclal' Bhalriziiiri KothagLrclcrr, t)istrit'l ltr lbrging the signatttrcs ol his l:rmi11' rnembcrs. Thcr,- lttrc, thc petilioner rn:rdc sevcral r('prcscnlatir)ns to rt'spoI'rde nt Nos.2 to 4 to mLltal-e his name in a II lhe revcnLrc recorals ernd he also rtrade online appiication Irerrring No.2 l()O(15:l+ I9, clatccl o1.O7 )O21 [or nrutatiori of l-ris sharc in all tirc recorrls and conscquelltial issuilnce o[ pattadar passbook ainrl cvcrt altcr rcceipt of tlrc said applicallon, the rcsporrlt:nt ar-tlltrtrittcs drd not cotlsidel the saine. .l Sr-r [,.R:ivincicr. leanrcd Assistanl Go"'erntncnt Pleadcr for llt'r'cnrrc apperaring lirr resltondcnt Nos.l to 4 has not disputed rhe subrnission of tlte onlir-rc application and it is statcd that, if t I'rc a1;plication submitte d bJ' the petitioner lulfils all the requirt'nrcnts under la\', the resporldcnt attthorities would ( onsiL'l. r thc same.

5. I n vieu' of the above submissions, this Court, without goinq into merits of the case, deems it appropriate to dispose of thc n rit peLition dirccting Lhe respondcnt authorities to conduct 3 EV\'. J \\ip 245.i6 20J4 an enquiry on the petitioner's application bearing No.24000534 i9, dated 04.O7 .2021 by issuing noticc to all the stakeholders and aflording an opportunitr- of hearing to thcm and, if thc pctitioncr fr-rlfils :r11 [hc l-equirements under the provisior.rs ol the Tel:rngena [Jhr-L l]harati (Record of Rights in Land) Act, 2O25, considcr the sarne and pass a reasoned order strictly in accordance u'ith lan, and communicate a copy of the said order to the pctitioncr as cxpcditiously as possible. Since notice is stated to be orclcrcd to rcspondcnt No-5, issuance of further notice to respondenL No..1 in this u.rit petition shall stand dispensed rvith.

6. With the above obscrv'ations, tl-ris Writ Petition is disposed of. Therc shall be no ordcr as to costs Miscellaneous petilions, rf any pending in this Writ Pctition, shall stand closccl SD/.M. OSMAN ALI BAIG AS ISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To, 2 1 The Principal Secretary, Revenue Department. S\cret Secretariai, Telangana State, Hyderabad. \-, The District Collector, Bhadradri-Kothagudem District. The Revenue Divisional Officer, Kothagudem Divislon, Bhadradri- Kothagudem District. The Tahsildar, Gundala Mandal, Bhadradri-Kothagudem Disdtrict' a 4 riat Building, One CC to SRI KALVALA SANJEEV' Advocate [OPUCI Two CCs to GP FOR REVENUE, High Court for the State of Telangana louTI Two CD Copies. 6 ,W, HT t: i)t t 2 3 r,ta nn (( 1' a" r. f -t* HIGH COURT DATED:2611112025 c * ORDER WP.No.24536 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 4, G b ) b 1