High Court · 2025

THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION No: 28279 0F 2025 Between: Agriculture Agriculture, Agriculture,

1. Chinthula China Ramulu' Sio Late Chithari' Aged about 73 years' Occ- 2. Chinthulla Narsamma, W/o Late Pedda Ramulu' Aged about 75 years' Occ- 3. Chinthulla Paresha, S/o Late Pedda Ramulu' Aged about 32 years' Occ- 4. Chinthula Anjamma, S/o Late Pentaiah' Aged about 73 years' Occ- 5. Chinthula Mahender, S/O China Ramulu' Aged about 37 years' Occ- 6. chinthura chithari, s/o china Ramuru, Aged about 45 years, occ- Agricurture' 7. Chinthula Jangaiah, S/o Late China Ramulu' Aged about 43 years' Occ- Agriculture' Agriculture, Agriculture, AllareresidentsofNazdikSingaramVillage,Yacahramlvlandal,Ranga ReddY District' AND I The State of Telangana, Rgp by its Principal Secretary' Revenue O"iutt-."nt, Secretariat Hyderabad ...PETITIONERS 2'TheDistrictCollector'RangaReddy,RangaReddyDistrict 3. The Revenue Divisional Officer, lbrahimPatnam Division' Ranga ReddY District. The Tahsildhar, Yacharam Mandal' Ranga Reddy District' Chinthula IVlahesh. S/o Gundalu Aged about 32 years 666 $u5ins55 R/o Nazdik Singaram ViIlage oii-'lh""fi-rr'landat' Ranla Reddy District' 4 E Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in tie afiOavit filed therewith' the High Court may be pleased to issue un upo'opf i" writ' order or direction more particularly one in ...RESPONDENTS -ti. the nature of writ of mandamus, decraring the action of respondent authorities, particularly respondent. No.3 and 4 in liying to issuing the 38E certiiicate in respect of land bearing Sy. No. 62, extent to Ac_6.16 gts, situated at Nazdtk Singaram Village of yacharam Mandal, Ranga Reddy District in favor of unofficial respondent pending disposar of the suit in os. No. B5g of 2024 ror decraration of regar herrs of Late chinthura chithari, who was .|re proiecteo tenant horder of the respective agricurture rands in sy. No. 62, extent to Ac-6.16 gts, situated at Nazdik singaram Viilage of yacharam Mandar, Ranga Reddy District as illegar, arbitrary against the principres of naturar justice and in contrary to the law. Consequently, to direct respondent authorities, particularly respondent No. 3 and 4 not to issue the 3BE certificate ir respect of rands bearing Sy. No 62, extent to Ac-6.'16 gts, situated at Nazdik singaiam Viilage of Yacharam Mandal, Ranga Reddy Distrlct in favor of unofficral respondent, pending drsposal of the suit in os. No, g59 o,t 2024 for decraration of regar heirs of Late chinthura chithari who was the protected tenant horder of the respective agriculture lands in Sy. No. 62, extent to Ac_6.16 gts, situated at Nazdik Singaram Village of yacharam fVandal, Ranga Reddy District. lA NO: 1 OF 2025 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, ir," Hign court may be preased to direct respondent authorities, particurarry respondent. No. 3 and 4 not to issue the 38E Certificate in respect of rands bearing sy. No. 62, extent to Ac-6.16 gts, situated at Nazdik Singaram Virage of yacharam IVrandar, Ranga Reddy District h favor of unofficiar respondent, pending disposar of the suit in oS. No. 859 0f 2024 for decraration of regar heirs of Late chinthura chithari who was the protected tenant horder of the respective agricurture rands in Sy. No. 62, extent to Ac-6 16 gts, situated at Nazdik Singaram Virage of yacharam I\4andar, Ranga Reddy District, pending disposal of the writ petitio-n. Counsel for the petitioner: M/s. RAJABOINA URMTLA YADAV counsel for the Respondent No.1 to 4: SRr L.RAVTNDER, AGp FoR REVENUE The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 28279 oF 2025 ORDER: Heard learned counsel for the petitioner and Mr.L.Ravinder, learned Assistant Government Pleader for Revenue.

2. Petitioners herein f,rled a suit vide O'S'No'557 of 2023 against the 4*' respondent and all concerned to declare them as legal heirs of late Chinthula Chithari in respect of the land admeasuring Ac.6-16 gts in Sy'No'62, situated at Nazdik Singaram Village, Yacharam Mandal, Ranga Reddy District and the said suit is Pending.

3. During the pendency of the said suit, the Stn respondent has approached the 3'd respondent by submitting a representation dated 10.01'2025 with a request to issue certificate under Section 38-E of the Telangana Tenancy and Agricultural Lands Act, 1950 in respect of the subject property contending that his grandfather late Chinthula Chithari was the protected tenant in respect of the subject property' On receipt of the said representation dated 10'01 '2025 of Sth respondent, the 3'd respondent issued notice dated 17 'O5'2025 2 1 frxing hearing on 24.O5.2025. petitioners have a.lso submitted al application under Section 40 of Telangana Area Tenancy and Agriculture Lalds Act, 1950 for granting succession to protect tenancy rights of late chintula chithari in respect of the subject property in their favour. Despite receiving and acknowledging the said application, the 3.d respondent did not act upon the same. Therefore, the petitioners have filed the present writ petition to declare the action of the respondents, more particularly f,.a respondent in trying to issue 3g_E certificate in respect of th-e subject property in favour of the Sth respondent.

3. Whereas, Iearned Assistant Government pleader for Revenue, on instructions, would submit that 3ra respondent will consider the representation submitted b5. the Srh respondent dated 10.01 .2025 and. the application submitted by the petitioner dated 13.06.2025 and, also pendency of the aforesaid suit and pass appropriate orders in accordalce with law by putting the petitioners and the sth respondent on notice and affording them an opportunity. I 3

4. In the light of the above, this Writ Petition is disposed of directing the 3'd respondent con consider the application submitted by the petitioner dated 13.06.2025 along with application submitted by the Sth respondent dated lO'Ol'2025 and conduct enquiry pursuant to notice dated 17.05'2025 and pass appropriate orders, strictly in accordance with law by putting the petitioners and 5th respondent on notice and affording them an opportunity and also considering pendency of the suit i.e., O.S.No.557 of 2023 which is renumbered as O.S.No.859 of 2024, pending on the file of IX Additional District Court, Ranga Reddy at Ibrahimpatnam' He shall complete the said exercise within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaleous applications, if any pending, shall stand closed. To, //TRUE COPY// SD/.MOHD. ISMAIL DEPUry REGISTRAR G- SECTION OFFICER

1. The Principat Secretary, Revenue Department, Secretariat, Hyderabad, State of Telangana.

2. The District Collector, Ranga Reddy, Ranga Reddy District. 3. The Revenue Divisional Officer, lbrahimpatnam Division, Ranga Reddy District.

4. The Tahsildhar, Yacharam lVIandal, Ranga Reddy District. 5. One CC to M/s. RAJABOINA URMILA YADAV, Advocate IOPUCI 6. Two CCs to GP FOR REVENUE, High Court for the state of Telangana at Hyderabad [OUT] 7 Tt,rrn CF\ t'-n^;^^ HIGH COURT DATED:181091202s ORDER WP.No.28279 of 2025 i r'll r:: i.i;_\.,i \. c 2 5 SEP 20fr \' 'r :i. I' \'... DISPOSING OF THE WRIT PETITION, WITHOUT COSTS