High Court · 2025

S. Sai Suchir Township, rep. by its Directors Sri. Ennam Shiva Kumar, S/o Gopal and others, presently Ri/o.H no. 16-99114, Badrawati Colony, Pochampally n District, Yadadri Bhuvanagiri ' 6. Parakala Laxmaiah, S/o Ramaiah, Aged about major years, Occ Agriculture FUo Jeedikal vilage, Lingala Ghanpur Mandal, Jangaon District

7. Mylaram Sathaiah, S/o Ramaswamy, Aged about major years, Occ Agriculture Ri,/o Jeedikal vilage, Lingala Ghanpur Mandal, Jangaon District 8. Manne Venkat Reddy, S/o Vushi Reddy, OccBusiness, Fyo Manugur, Hayathmagar Mandal, Ranga Reddy District, a ,

9. Akati Yadi Reddy, S/o Venkat Reddy, Age about 36 years, Occ Business, Ri/o H.No.6-14l1, Budda Nagar, Uppal Depot, Ranga Reddy District.

10.A. Someshwar Rao, S/o Rama Rao, Aged about Major, Occ Agriculture, R/o Flat No.407, Huda Complex Road, Kothapet I 1 . Kondaboina Laxmi, Wo Ram Chandraiah, Occ House Hold, Aged about major years, Occ Agriculture Fl/o Jeedikal vilage, Lingala Ghanpur Mandal, Jangaon District.

12. Kondaboina Ramulu, S/o Komuraiah, Occ Agriculture Aged about major years, Occ Agriculture Rl/o Jeedikal vilage, Lingala Ghanpur Mandal, Jangaon District l3.Kondaboina Ram Mallaiah, S/o Komuraiah, Occ Agriculture Aged about major years, R/o Jeedikal vilage, Lingala Ghanpur Mandal, Jangaon District

14.Kondaboina Mallesh, S/o Komuraiah, Occ Agriculture Aged about major years, R/o Jeedikal vilage, Lingala Ghanpur Mandal, Jangaon District 1S. Kondaboina Laxmaiah, S/o Komuraiah, Occ Agriculture Aged about major years, R/o Jeedikal vilage, Lingala Ghanpur Mandal, Jangaon District. ...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, order or direction more particularly one in the nature of WRIT OF MANDAMUS by declaring the actions of the Respondents, in passing the lmpugned proceeding no. E1 155612022 dated 29-04-2023 as being illegal, arbitrary and unconstitutional and violative of principles of natural justice and consequently Set aside the proceeding same by directing the Respondent No. 4 to implement the orders of the Respondent no. 3 issued in Case No. 113512020 dated 3O-O7-202O. lA NO: 1 OF 2025 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 Suspend the lmpugned proceeding no. E1 155612022 dated 29.O4.2O23 passed by the Respondent no.2 pending disposal of the above writ petition. Counsel for the Petitioner: SRI T.SRIKANTH REDDY, REP. FOR . SRI S.RAMA MOHAN RAO Counsel for the Respondent No.1 to 4: SRI L.RAVINDER, AGP FOR REVENUE, . REP. GP FOR REVENUE Counsel for the Respondent No.S to 15: --NONE APPEARED" The Court made the following: ORDER I a 1,ll I ; l n IN THE HIGH COURT FOR THE STATE OT TELANGANA AT ITYDERABAD THE HOITOURABLE SRI JUSTICE E.V.VENUGOPAL Dated: 11.12.2O25 n: Lingala Sree Ram Reddy And The State of Telangana, represented by its principal Secretary, Revenue Department and (14) others Petitioner ... Respondents ORDER This writ petition is filed under Article 226 of constitution of India seeking the following relief/s:_ -as "'.. to issue writ, order or direction more particularly one in the nature of wRIT oF MANDAMUS by declaring the actions of the Respondents, in passing^^tl: I_d;; proceeding no. E L / ss6 / 2022 dated 29 - o 4 -2o2s ulin-g-iti.gar, arbitrary and unconstitutional and viorative of princip"tes if ""t"r"r :i"tr". and consequently set aside the pioceedi"g "L. by directing the Respondent No.4 to implement ti" orders of the Respondent no.3 issued in case -N".llssl2o2o dated 3O-OZ-2020, and pass such other order or oriers ...,, 2. Heard Mr.T.srikanth Reddy, learned counser representing Mr.s-Rama Mohan Rao, rearned counsel for the petitioner and Mr.L.Ravinder, learned Assistant Government pleader for Revenue representing learned Government pleader for Revenue appearing for respondent Nos. r to 4. Despite service of notice, L-- there is no appearance on behalf of unofficial respondent Nos.S 2 to 15. Perused the record

3. 'Learned counsel for the petitioner submits that respon,Jent No.3/Revenue Divisional Officer vide Case IIo.t/35/2O2O dated

30.O7.2020 held as follows:- "ln view of the above facts, the Patta mutated infavour of Respondent No.1 for an extent of Acs.8-10 gts in Sy.No.371 and Acs.2-OS gts in Sy.No.374 as per Proc.No.Bl6552l2OlO dated 25-1O-2O1O is set aside and consequently entries made in the records, PPB & TD issued if any shall stands cancelled. The Tahsildar is directed to restore Patta to an extent of Acs.8-10 gts in Sy.No.371, to an extent of Acs. 2-39 gts in Sy.No.374 and to an extent of Acs.2-14 Gts in Sy.No.375 and to take action for sanction of Fouthi succession in favour of the petitioner/appellant duly following the procedure prescribed under Section 5(3) read with rule 19 and pass appropriate orders within a period of 2 months from the date of this order". Against which, unofficial respondent Nos.S to 15 also preferred an Appeal. Since, the order passed by respondent No.3 in Case b No.l/35/2O2O dated 3O.O7.2O2O is not yet implemented, the petitioner filed W.P.No.31818 of 2021. This Court, vide order dated O2.12.2O21 disposed of W.P.No.31818 of 2021 directing as ) follows:- "4. In view of the above made submission, without going into the merits or demerits of the case, the Writ Petition is disposed of directing the respondent authorities to consider the on-line application of the petitioner vide reference No. LM2100025215, apd pass necessary orders thereon, strictly in accordance with law, as expeditiously as possible, preferapy, within a period of eight weeks from the date of 'j ,:\. ,-.-.-^- I i 3 receipt of a copy of this order, duly putting ail the interested parties on notice and considering ifr. oUi.Efrrrr, if any.,, 4. He f'rrther contends that in pursuance of the order dated o2.12.2o2t p""".a by this court in w.p.No.31glg of 2o2r, respondent No.2/Drstrict colrector vide proceedings. No.EI /556/2022 dated 2g.O4.2O23 held as under:_ "In view of the above, the petitioner is hereby advised to approach the competent civil court seeking dlchration of title and recovery bf possession of subjecti".,a, tfr., to approach the revenue authoritie" ro. i*pt.-..rt"tio., or the decree of the civil Court.,, ".ra Therefore, he contends that respondent No.2 passed the impugned order without issuing notice to the petitioner and unofficial respondent Nos.S to 15 in violation of the ord.er dated o2.L2.2021 passed by this court in w.p.No.3 1g 1g of 202L, which is abuse of process of law. Therefore, he seeks to pass appropriate orders.

5. Learned Assistant Government pleader for Revenue contends that the petitioner has not submitted any legal heir certificate to ascertain his erigibility for mutation of the subject land in his.favour. Hence, respondent No.2 upon careful scrutiny of the material availabre on record, had rightry passed the impugned proceedings No. E r / ss6 / 2022 dated 29 .o4 .2023 . Therefore, he states that indulgence of this Court is not 4 warranted and seeks to dismiss the Writ Petition.

6. I{aving regard to the submissions of both the leamed counsel and on perusal of the material availabie on record, it is .in evident that this Court vide order dated 02.12.2021 W.P.No.31818 of 2021 categorically directed respondent No.2 to issue notices to all concerned while disposing of the on-line application of the petitioner vide reference No.LM21OOO25215 and to pass necessary orders. But apparently, no notice was issued to the petitioner and unofficial respondent Nos.S to 15 which shows that no opportunity was given to the parties to put forth their contentions and to file objections, if any. Therefore, this Court is of the opinion that the order dated 02.12.2021 passed by this Court in W.P.No.3181B of 2O2L was not complied with iil strict sense.

7. Under these circumstances, this Court deems it appropriate to set aside the proceedings No.E\1556/2022 dated

29.04.2A23 issued by respondent No.2 and the matter is remanded back to revenue authorities to consider afresh and to pass appropriate orders on the on-line application of the petitioner vide reference No.LM2100025215, as expeditiously as 5 possible, preferably within a period of six (6) months from the date of receipt of a copy of the order, strictly in accordance with Iaw, by putting the interested parties including petitioner and unofficial respondent Nos.S to 15 on notice and affording them sufficient opportunity of hearing. Since, notice is directed on unofficial respondent Nos.S to 15, further service of notice on unofficial respondent Nos.S to 15 stands dispensed with.

8. With the above direction, this Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed. To, //TRUE COPY// S NA KRIS RE N OFFICER na Secretariat,,

1. The Princioal .Secretary, Revenue Department, T, Hyderabad,' State oi G6'gr;;." 2. The District Collector, Jangaon District. 3. The Revenue Divisional officer, Jangaon Division, Jangaon District 4. The Tahsildac Lingara Ghanapur Mandar, Jangaon District 5. one cc to sRr S.RAMA MOHAN RAo, Advocate topucl 6. Two ccs to Gp FoR REVENUE, High court for the State of rerangana at 7. Two CD Copies Hyderabad [OUTI ) \ BSR BS w ,J t ) HIGH COURT DATEDi 1111212025 ORDER WP.No.26694 of 2025 (., ( :t ,tHE SII 0 I JAN 2026 s'- I - ^Fl DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ,