The High Court · 2025

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of mandamus or any other appropriate writ order or direction, set aside the impugned order Lr No.1946120231E (Panchayat) dated 26- 06-2025 passed by Respondent No.2 as illegal, arbitrary,violation of principles of natural justice and contrary to the provisions of rhe Telangu r a panchayat Raj Act, 1994 or 2018 and violative of Articles 14,21 and 300-4 of ttrr constitution of lndia and consequently direct the Respondents 2 to 4 to restore fl- ) original entry in the Revision Register against H.No. 1-37, (Assessment Number ; 1287,12gg,1289) in the name of Late Maheshwaram shankaraiah (Arias yade Siri) s/o papaiah of Velvarthy Village, Valigonda tVlandal, yadadri Bhuvanagiri Dis rict. lA NO: I OF 2025 Petition under Section 151 CpC praying that in the cir urps1"n"". stated in the affidavit filed in support of the petition, the High courl may be preased to suspend the operation of the impugned order passed by Rer;| 0ndent No.2 vide Lr No.1 9461 2O23lE (panchayat) dated 26_06_2025. lA NO: 2 OF 2025 Petition under section '1 sl cpc praying that in the circ rmstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the Respondent 5 to 7 not to arienate the property H-No.'1-37 and change nature of property during pendency of present writ petition. Counsel for the Petitioners: SRI RAJKUMAR GUMMT counsel for the Respondent Nos.1 To 3: Gp FoR pANcHA./ \T RAJ & RURAL counsel forthe Respondent No.4: sRr K.PRADEEP REDDY ;c FoR Mppzpp DEV The Court made the following: ORDER l} IN TTIE HIGH COT]RT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOT]RABLE SMTJUSTICE T.MADHAVI DEVI WRIT PETTTION No.25I2s OF 202s DATED 01.12.2025 Between: Maheshwaram Anjaiah and Two others . . .. Petitioner And The State Of Telangana, Represented by Principal Secretary to Panchayat Raj and Rural Development Department, Dr.B.R.Ambedkar, Telangana Secretariat, Hyderabad Teiangana5OOO22 and Six Others. ...Respondents ORDER: In this writ petition, the petitioners are aggrieved by the impugned order dated 26.06.2025 passed by thc respondent No.2, as contrary to the report submitted by the respondent No.3, dated 2O.O7.2024 as illegal and arbitrary and conseqeutly to set aside the same and to pass such other order or orders in the interest of justice. 2 Y*l - \

2. it is submitted that the petitioners father was the original owner of the property and after his rl :ath, instead of mutating the propert5r in the names of the p: itioners, it was mutated in the names of the unofficial respon lcnts No.5 to 7 and on coming to know about the same, the pct ,t ioners filed an application for correction of the entries and rvhe r the same was not considered, the petitioners approached this Court by hling W.P.No.3560 of 2025. It is submitted that I rrs Court, vide orders dated OT .O2.2O25, has. directed the Dis ,rict Panchayat Ofhcer to dispose of the revision petition of the 1r dated I I .Oq .2023 within a period mentione 'titioner therein I therein and consequently, the respondent No.2 passed the: rrpugned order dated 26.06.2025, rejecting the appiication of rlr I petitioner and therefore, aggrieved by the same, the petitione- have filed the present writ petition.

3. Learned counsel for the petitioners submitted that the Mandal Panchayat Officer has given I report dated

20.O7 .2024 statrng that the unofficial responde r _s have got the property mutated in their names illegally and lirr ther submitted that the petrtioners' father died in the year 19!,( , whereas it rs claimed that the document was executed rn tte year 2010, which clearly goes to prove that the docur tcnts, if any, 3 submitted by the unofflcial respondents are fake documents. Therefore, the learned counsel for the petitioners submitted that the impugned order is without any application of mind and has to be set aside and that a direction should be given to the authorities to mutate the names of the petitioners in the records.

4. Learned Standing Counsel for the Gram Panchayat, relied upon the averments made in the counter afhdavit and also confirm the report of the Mandal Panchayat Officer, dated

20.07.2024.

5. The Government has not hled any counter affidavit and the unofficial respondents, in spite of service of notices, have not entered appearance before this Court. Therefore, it is presumed that the unofhcial respondents are not interested in contesting this writ petition.

6. Having regard to the above submissions of both the parties, this' Court finds that the report of the Mandal Panchayat Ofhcer dated 2O.O7.2O24 is after due inquiry and is after verification of the facts and therefore, the same ought to have been considered by the respondent No.2 before passing the order dated 26.06.2025. This Court finds that though there is a I I + -\ reference to Mandal panchayat Officer,; report dated 2o'o7.2024 in the impugned order, there is no r iscussion about the finding of the Mandal panchayat Ofhcer i I the impugned order. Therefore, it is a clear case of non_applict ion of mind.

7. In view thereof, the impugned or1 er 1s set aside with a direction to the respondent No.2 to pir is fresh orders, duly taking note of the Mandal panchayat Offict r,s report dated 2O.O7.2024 and by giving notices to the unoffir: ll respondents, if necessary. The respondent No.2 is di- cted to pass appropriate ordcrs within a period of Two (2) rr tnths from the date of receipt of a copy of this order.

8. The ri,ri t petition is accordingly dis I osed of. There shall be no order as to costs.

9. Miscellaneous petitions, if any, per_rrl ng in this writ petition, shall stand closed. A$s" //TRUE COPY/' I \I, \ 1', rhe_principarqe"g?ll-g:*T::t1[3if, ]15:,,2,\?:l Dr. B.R Ambedkar I elangal +f; 5B?e?i?i3:?:i:vat orricer' Yadadri Bhuvanasiri Dit';l ?fl3t,J,3"0r' Panchavat officer' Valigonda Mandal' Yace Di.tri"t T"langrna-sO81 12. - . \,^,i^^6-^- il: il;hrfit secretary, Velvarthv village' Valigonadz Pk::. ffi:igffisH'fi il'*^i:;n"-rsst Airi.lii.L"qana, at Hvderabad loUTl 6lil"ct i""'SiiYIi.FneoErp nEooV, sc FoR MPPzt' Two CD CoPies ;bl-g. hexHl nrNt rrANr REGIeJEAR- */ ,/ SECTION OFFTCER ==-: )looment DePartment langana, State Of i ict Telangana- Jri Bhuvanagiri Mandal Yadadri High Court for the , [OPUC] To 1

2. 3 4 5 6 7 8 PSK. BS I { HIGH COURT DATED:01 11212025 I \ { I) ORDER WP.No.25125 of 2025 'I iE SI4 it C) 0 5 JAN 2g?i; * 'v f DISPOSING OF THE WRIT PETITION WITHOUT COSTS I le,b