Kommera Prabhavathi v. The State of Telangana

Counsel for the Respondents: AGp FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY . WRIT PETITION No.3O45O of 2023 / ORDER: This Writ Petition, under Article 226 of the Constitution of India, is hled seeking the following relief: "...-to issue a Wit, order or direction more partwnlarlg one tn the nature of WRIT OF MANDAMUS declaing the action oJ the respondents in not consideing the orders passed bA this Honourable CourT in WP N o. 2 3 1 4 3 / 2 O 2 O dated 1 8 - 0 7 - 2 02 2 is illegaL, ar bitrary, u nco nstttuttonql, contrary to lau atd" consequentlV dtrect the respondenk to corlsider the representation dated 28/08/2023 submitted bg the petitioner for conection of uillage name from Potharam to Beianki of land in Sg.No.759 of Bejjanki Village, Sid-dipet Distict la the reuenue records...."

2. Considered the submissions of the learned counsel for the parties and perused the record.

3. It is stated that the petitioner's mother, late Kommera Lakshmamma, was the absolute owner and possessor of the land admeasuring Ac.17.00 gts in Sy.No.759, situated at Bejjanki Village and Mandal, Siddipet District (erstwhile Karimnagar District), having purchased the same in the year 1959. It is further stated that the petitioner's mother was also owner and possessor of lands admeasuring Ac.9.2O gts in Sy.No.226 and Ac.6.20 gts in e Sy.No.227, totalling Ac. 16.0O gts situated at Potharam Village of Bejjanki Mandal, Siddipet District. It is stated that both Potharam and Bejjanki are Shivar (adjoining) villages within the jurisdiction of I 2 the erstwhile Karimnagar District. It is further stated that respondent No.2 vide proceedings in Rc.No.A4/ 1889/96 dated

07.01.1998, acquired the said land admeasuring Ac.16.0O gts in Sy.Nos.226 and 227 for the purpose of allotment to landless Scheduled Caste families under the Land Purchase Scheme implemented by the Government during the year 1997 -9a, However, certain beneficiaries illegally encroached upon the iand in Sy.No.759, belonging to the petitioner's mother, although no part of that land was acquired by the respondent authorities. It is stated that upon noticing the illegal encroachment by the beneficiaries, the petitioner's mother made several representations to the authorities concerned and when no action was taken, the parents of the petitioner hled W.P.No.29338 of 20 15 on the file of this Court seeking a direction to conduct survey of land in Sy.No.759 of Bejjanki Village. This Court disposed of the said writ petition directing the Assistant Director, Survey .and Settlement & Land Records, to conduct survey by following due procedure. In pursuance of the same, the Assistant Director conducted a survey and submitted report vide Letter No.A/ 3 /22 /2015 dated 13.01.2016, stating that the land under illegal occupation by certain beneficiaries actually pertains to Sy.No.759 of Bejjanki Village but not Sy.Nos.226 and,227 of Potharam Village. It was also stated in the said letter that Sy.No.759 falls within the boundaries l1 \t L .'1\'i J of Bejjan ki Village and should be recorded accordingly. It is the case of the petitioner that as per pahani for the year 1958-59, Sy.No.759 was recorded in Bejjanki Village, clearly mentioning the name of the Pattadar but in the subsequent revenue records, the same Sy.No.759 was shown as part of Potharam Sivar to an extent of Ac.36.O6 gts and was erroneously recorded as " Khareej Katha" (Government land) without issuing any notice to the original owners or [he subsequent purchasers. It is further case of the petitioner that her mother, who purchased the subject land in the year 1959, continued to be in possession and enjoyment of the sarhe and basing on the survey report dated 13.01.2016, the petitioner's mo[her made a representation to the District Collector on

25.O7.2017 seeking correction of the revenue records in accordance with the said survey report and when no action was takEn, the parents of the petitioners hled W.P.No.28385 of 2017 on the file of this Court. This Court vide order dated 21.O9.2020, while disposing of the said wlif petition, observed that the competent authority to correct the village name in the revenue records from Potharam to Bejjanki in respect of land in Sy.No.759 is the Chief Commissioner of Land Administration (CCLA), and granted liberty to approach the said authority by making an appropriate application. In pursuance of the same, it is stated that the petitioner's parents submitted a representation dated 29.09.2O2O to the respondent authorities 4 requesting correction of the village name from Potharam to Bejjanki in respect of land in Sy.No.759, as per the survey report dated

13.O1.2016. It is stated that when the authorities lailed to act upon the said representation the petitioner's parents once again approached this Court by filing W.P.No.23143 of 2O2O. This Court, by its order dated 18.07.2022, directed the respondent authorities to consider the representalion dated 29.O9.2O2O and pass appropriate orders within a period of two months from the date of receipt of copy of the order. It is stated that the petitioner's father passed away on O2.O3.2O22 and the petitioner's mother passed away on 1O.O8.2O22 and during their lifetime, they executed a registered Will dated 15.09.2014 bearing document No.05/2014 bequeathing the subject property and other properties in favour of the petitioner. It is the case of the petitioner that after the demise of her parents, she has been continuously following up with the respondent authorities and submitted . several representations, including one dated 2A.O8.2O23, reiterating the request to consider the earlier representation dated 29.O9.2020 and to comply with the directions issued by this Court in W.P.No.23143 of 2O2O dated 1a.O7.2022 but till date, no action has been taken.

4. The learned Assistant Government Pleader for Revenue has not disputed the report vide ktter No.A/ 3 /22 /2015 dated 5

13.01.2016 submitted by the Assistant Director of Survey and Settlement, Land Records and the directions issued by this Court in the order dated 18.07.2022 passed in W.p.No.2314312O2O.

5. In view of rhe above, this Writ petition is disposed of by directing the respondent No.2 to consider the representation dated 2A.O8.2O23 submitted by the petitioner for correction of village name from Potharam to Bejjanki in respect of land in Sy.No.759 in the revenue records, in accordance with law. The entire exercise shall be completed within a period of three (3) months from the date of receipt o[ copy of this order. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No order as to costs To, //TRUE COPY// SD/.L, LAKSHMI BABU EPUTY REGISTRAR SECTION OFFICER 1 The Principat Secretary, Revenue Department, Secretariat, Hyderabad, Telangana State. The Chief Commissioner of Land Administration(CCLA), Gov,t. Of Telangana, Hyderabad, Telangana State. The Commissioner and Director, Survey, Settlements and Land Records, Govt'ofTelangana,Hyderabad,TelanganaState. One CC to SRI R A CHARY Advocate [OPUC] Two CCs to GP FOR REVENUE ,High Cou( for the State of Telangana. Two CD Copiep 2 J 4 5 6 KKS*\y HIGH COURT DATED:2010312025 t ( c c C) 1tt c. s IA, ( ? c I / 1tlP,Y 0 202 5 ; D csparc t ORDER WP.No.30450 oI 2023 DISPOSING THE WRIT PETITION WITHOUT COSTS o 9t