✦ High Court of India · 15 Sep 2025

High Court · 2025

Case Details High Court of India · 15 Sep 2025
Court
High Court of India
Decided
15 Sep 2025
Bench
Not available
Length
1,383 words

Judgment

4. The State of Telangana, Rep. by its Principal Secretary Revenue Department, Secretariat, Hyderabad. The Chief Commissioner Land Administration, Government of Telangana Nampally, Hyderabad. The Diskict Collector, Ralanna Sircilla Districl. The Revenue Divisional Officer, Sircilla, Yellareddypet Revenue Division Rajanna Sircilla District. The Tahsidlar, Yellareddypet Mandal Rajanna Sircilla District. ...RESPONDENTS I 1 I i I L Petition under Anicle 226 of the Constitution of lndia pr lying that in the circumstances stated in the affidavit filed therewith' the Hil I Court may be pleased to issue an appropriate Writ' Order or Direction' more larticularly one in thenatureofWritofMandamus,declaringtheactionoftheRes)ondentNoS.2to 5 more particularly by the Sth Respondent in threatening ll dispossess by interfering with the cultivation of the petitioners agricultural latrr s to an extent of Ac.1 .39112 gts each total admeasuring Ac 11 38 gts in Sy't'l r.262 situated at a District without Bandalingampalle Village, Yellareddypet Mandal' Rajanna Sirr;i ;ideration of the following the due procedure under law while pending co'r by entering their petitioners request for grant of individual assignment pattal; names in the Revenue Records pursuant to their Representa i in !-espect of the above said lands as illegal' arbitrary' u I consequently direct the Respondent Nos 2 to 5 more parti Respondent not to dispossess by interfering with the physlt;i cultivation of the petitioners agricultural lands to an extent of /\ and total admeasuring Ac 11 38 gts in Sy No 262 situated at Village, Yellareddypet Mandal, Rajanna Sircilla District witl- procedure of law pending consideration of the representatior dt.30.05.2025 for grant of individual assignment pattas by ents the Revenue Records :onstitutional and ularly to the 5th I possession and ;.1.39112 gts each Bandaling am Palle rut following due of the petitioners ing their names in ,n, Dt.30-05-2025 lA NO: 1 OF 2025

unoer Section 151 CPc praying that in the circ'l the affidavit filed in support of the petition' the High Court t direct the Respondent Nos 3 to 5 more particularly to the Stlr dispossess by interfering with the physical possession anc Petitioners agricultural lands to an extent of Ac 1 391/2 e -p"tinon admeasuring Ac.11 38 gts in Sy No 262 situated at Bandzrl Yellareddypet Mandal, Ra.ianna Sircilla District without followir law pending consideration of the representation of the petit( for grant o{ individual assignment pattas by entering their nar Records, pending disposal of the above writ petition' Counsel for the Petitioner : SRI C'HARI PREETH C.r"t"f ior tne Respondents: ASST' GP FOR ASSIGNMENI itre Court made the'following: ORDER nstances stated in ray be pleased to lespondent not to cultivation of the .s each and total rgampaile Village' ; due procedure of lers dt.30.05.2025 es in the Revenue THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 27692 0F 2025 ORDER: Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Assignment.

2. According to the petitioners, the Government has assigned larrd admeasuring Ac. 11-38 guntas in Sy.No.262, situated at Bandalingampalle Village, yellareddypet Ma.dal, Rajan na Sircilla District to their grandfather i.e., Kodumunja Rajaiah. After the death of late Kodumunja Rajaiah, petitioners have succeeded the subject property and they are in the possession of the subject property. They have fited W.P.No.10216 of 2025 to declare the action of the respondent Nos.2 to 5 in failing to consider their representation dated 11.O2.2O25 for grant of pattas in respect of the aforesaid land. The said writ petition was dismissed as withdrawn gran.ting liberty to the petitioners to avail appropriate remedies before the appropriate lorum in accordance with law. This court also observed that petitioners are not permitted to file fresh writ petition on the sarne cause of action. Thereafter, petitioners have submitted representation dated 30.05.2025 to the 3.d respondent '"r,ith a request to include their names in the revenue records and issue e-pattadar passbooks and also permit 2 5€:-{ \ \I - them to cultivate the subject lard. Despite -eceiving and acknou''ledging the said representation, the 3rd reslr ,ndent did not act upon the same. Aggrieved by the said inac 1 on of the 3'a respondent, petitioner filed the present writ petitior

3. Whereas, learned Assistant Governmenr. Pleader for Assignment has produced written instructions c respondents wherein it is stated that as per the revenue recor( s, the land in Sy.No.262, admeasuring Ac. 11-38 gutnas situated at Bandalingampalle Village, Yellareddypet Mandal, ll rjanna Sircilla District is a Government land (Bancharat). As per the office record s ald village records, the said Governmen t land was not assigned to anyone. Petitioners are trying to oc :upy the said Government land. They are not in possession rf the subject propertv. Therefore, the question of respondent-s threatening to dispossess the petitioners does not a-rise. The srl d instructions are placed on record.

4. As discussed supra, the petitioners herein filed W.P.No.10216 of 2025 to declare the action of respc T dent Nos.2 to 4 in not considering the representation date f lt.o2.2025 submitted by them for grant of pattas and issuan: r of e-pattadar passbooks. The said u,rit petition was dismisserl as withdrawn 3 granting liberty to the petitioners to avail appropriate remedies before the appropriate forum in accordance with law. This Court categorically held that petitioners are not perrnitted to file fresh writ petition for the same cause of action.

5. Petitioners instead of working out appropriate remedies before the appropriate forum, submitted representation dated

30.05.2025 to the 3.d respondent with same request and hled the present writ petition alleging non consideration of lhe said request. The present writ petition IS contrary to the aforesaid

6. Both the petitioners are claiming that they are the legal heirs of Kodumunja Rajaiah, but they have not furnished the details of ( ( legal heirs of the said Rajaiah. They have to crystallize their rights over the subject properfy, thereafter, they have to approach the revenue authorities seeking implementation of the same. Instead of doing so, they have filed aforesaid writ petition which was dismissed as withdrawn granting liberty to avail appropriate remedies before the appropriate forum. Instead of availing appropriate remedies before the appropriate forum, they have submitted aforesaid representation dated 30.05.2025 and flled the present writ petition alleging non consideration of the same. 4 Therefore, the petitioners are not entitled for any r-, iief, much less, the relief sought in the present writ petition. 7 . Accordingly, the Writ Petition is dismissed . However, the petltloners are at liberty to avail alternate rem e lies before the appropriate forum as per the liberty granted by his Court vide order dated 04.O4.52025 in W.P.No.lO2L6 of 2O2i,. There shall be no order as to costs Miscellaneous applications, if aly pendin 1. shall stand closed. /TTRUE COPY// Sd/-A,J AQs'r ;TAr-{trREGrST REE RAR , SECTION OFFICER To,

1. The Principal Secretary Revenue Department, State of l Secretariat, Hyderabad.

2. The Chief Commissioner Land Administration, Governnrt Nampally, Hyderabad.

3. The District Collector, Raianna Sircilla District. 4. The Revenue Divisional Officer, Sircilla, Yellareddypet tl Rajanna Sircilla District.

5. The Tahsidlar, Yellareddypet lvlandal Rajanna Sircilla Dit 6. One CC to SRI C.HARI PREETH, Advocate- [OPUC] 7. Two CCs to GP FOR ASSIGNIVIENT, High Court for the elangana, nt of Telangana rvenue Division trict. itate of Telangana

8. Two CD Copies. BSK ([ PMK t I HIGH COURT DATED:1 510912025 ORDER WP.No.27692 of 2025 /' 2ltic65 \ .,. l ,i),, DISMISSING THE WRIT PETITION WITHOUT COSTS 8A )r t) 11,

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