The High Court · 2025
Case Details
Acts & Sections
6. Mr. Kompally Satyanarayana, S/o. Kompa y Mallesha, Aged about 4lyears, Q.c9 pysi1999,_ny-o. 3-15-0, Kdshav",rr, sn'rrni,p6i vdoEnir MilLligiri-'-' District - 500078. 7 Iri J.Jogibabu, S/o. T.satyanarayana Raju, Aged about 36 years, Occ business Business, R/o. 1il53, tttigaaam'pJr, 6rh;rsr, xariraiirl _sassos. 8. Sri Yerramilli Chandrashekhar Rao, S/o. Late y.Seetha Ramaiah, Aged about !9.y:qr"., Occ Business, Ryo. H.No.17_i_3S3/10 ptol;;3A panet coiner satoao,vtnay nagar colony, Hyderabad. - {l L Telangana Prohibition and Excise Department, Abkari t havan, Hyderabad. Petition Under Arlicle 226 of the Constitution of lnd circumstances stated in the affidavit filed therewith, thr: pleased to issue a Writ, Order or Direction more particula I Writ of Mandamus or any other appropriate writ challengrr Respondent No.4 in not conducting denova enquiry' in diiections issued by Respondent No.3 herein vide orde- Case Proceedings No. E21187412019 in respect of t, admeasuring Ac. 5-27 Gts., in Survey No. 49/1 , situated zrl Medchal Mandal, (herein after referred as the subject I repeated oral and personal representations made by the f( 12 08 2024, O1 .04.2025 and 08.05.2025 along with sup l illegal, arbitrary, violative of principles of natural justice arrr Constitution of lndia. LA.NO:1 OF 2025 .....RESPONDENTS a praying that in the High Court may be one in the nature of ; the in-action of the :ccordance with the dated 08.06.2020 in tal agriculture land fvluneerabad Village, rnd) in spite of the titioners including on )rting documents as Art cle 300-4 of the Petition Under Section 151 CPC praying that in the clr rumstances stated in the affidavit filed in support of the petition, the High Cor r may be pteased to direct the Respondent No.4 authority to forthwith conduct denova enquiry and take necessary action in accordance with the original rssignment and the direction issued by Respondent No.3' herein vide order lated 08.06.2020 in respect of the subject land, pending disposal of the above u r t petition. Counsel for the Petitioners : SRI K.RAGHAVA RAITIANA Counsel for the Respondent Nos.1 to 5 : SRI H.SOMAIAH _ IRA SASTRI, AGp FOR ASSIGNMENT Counsel for the Respondent Nos.6 to 8 : - Counsel for the Respondent No.9 : SRI A.JAGAN, G.P FOR >ROHIBITION AND EXCTSE The Court made the following ORDER THE HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.29303 of2025 ORAL ORDER: Heard learned counscl for the petitioners, Mr.H.Somaiah Ezra Sastri, lcarned Assistant Government Pleader for Assignment appearing for rcspondent Nos.l to 5 and Mr.A.Jagan, learned Govcrnment Plcadcr fbr Prohibition and Excise appearing tbr respondent No.9
2. Petitioner Nos.l and 2 are the wife and son of Sri Dandu Ram Reddy. Petitioner Nos.3 and 4 are the wif'e and son of Sri Y.Krishna Reddy. They havc tiled rcvision under Section 166-8 of the A.P. (Tclangana Area) Land Revenue Act, l3t7 Fasli challenging the order dated 19.07.2019 of i respondent No.4 r'ide File No.B1/592712012 in respect of land admeasuring Acs.5.27 guntas in Sy.No.49l1, situated at Muneerabad Village, Medchal Mandal, Medchal-Malkajgiri District. EE\ *=.f \ 2
3. Vidc order datcd 08.06.2020, respt I clent No.3 has disposecl of the said revision directing rc:;1 on<lcnt No.4 Appcllatc Authority to conduct de not r cnquiry duly veritying the physical status of the land in 11 t :stitrtr
4. It is the specific contcntion of the pr titioncrs hcrein that dcspitc the said ordcr, respondcnt No.3 is not conclucting de not,o cnquiry. Therefore, peti ioncrs tlled the prcscnt writ petition seeking a direction to r rspondcnt No.4 to conduct tle novo enquiry in rcspccl () thc atbresaid property 1 compliance with order datcc ()8.06.2020 of rospondcnt No.3. It is also the specific c,) )tcnlion of the petitioncrs herein that respondent No.9 is 1 rocccding rvith thc construction of Prohibition and Excise St rtion, Mcdchal, in thc sub.ject land.
5. Whcrcas, learned Govcrnment Pleadc' tbr Prohibition iind Excisc. on instructions. would suburit tl rt (iovernment has alkrttcd land admeasuring 2000 s(l rilre yards Sy.No.503, situated at Puclur Village, Med.: ral Mandal, in : / - 3 favour of respondent No.9 for the purpose of construction of Prohibition and Excise Station, Medchal. Respondent No.9 is proceeding with the construction and in proolof the same, he has filed copies of thc proceedings dated 20.02.2021 and photographs 6 During the course of hearing, it is brought to the notice of this Court that Sri I(ompally Satyanarayana has filed a suit in O.S.No.251 of 2019 against Sri Y.Chandra Sekhar Rao for specific performance of agreemcnt of sale. The said suit was decreed. Petitioners herein are not parties to the said suit. Therefore, they have frled an application under Order XXI, Rules 97 to 101 0f c.P.c. in E.P-No.1O 0f 2022. According to the petitioners, it is a collusive suit. The said claim petition is pending. 1 . The aforesaid facts would reveal that the subject property claimed by the petitioners tn Sy.No.49l1, t { admcasuring Acs.S.21 guntas is in Medchal Mandal. Land allotted to rcspondent No.9 in Sy.No.503, admeasuring 2000 & squarc yards is also in Medchal Ma r izrl. Thcrefirre, T petitioncrs lrave to resolve the said issue ;eeking survey. However. there is no challenge to thc ltrr ceedings dated
08.06.2020 of respondent No.3.
8. In thc light of the same, this Writ Per iion is disposed of directing respondent No.4 to conduct de rcvo enquiry in compliancc with order dated 08.06.20 l0 passed by rcspondent No.3 by putting the petitioners, rt spondent Nos.6 to 9 ancl all ifltcrcstcd partics on notice auri affording thon-r an opportuuity. Howcver, respondent No..l shall complete thc cntirc cxcrcise within threc (3) months I 'om the date of receipt of a copy ofthis order. Miscelianeous applications, if any per< ing, shall stand closcd. Thcrc shall be no order as to costs. s :A lII :D ABDULLA KHAN Ii STANT REGISTRAR //TRUE COPY// To SECTION OFFICER 'elangana at o1 or. Medchal- Malkaigiri District, Kee:;; ra' , tr/edchal- Malkajgiri District, Keesa-i . ionri Om."t, trledinat Mandal Med: al- Malkajgiri District dal Revenue Officer, Medchal Manda , Medchal- Ivlalkajgiri
1. The Principal Secretary, Revenue Department, sla Telangana. District.
2. The District Collect 3. The Joint Collector 4. The Revenue Divis 5. The Tahsildar/Man O. ine fetangana Prohibition and Excise Department, Ab ( z frivo CCs to GP FOR ASSIGNMENT, High Court for th : a r;/o ccs to'cp rbn PRoHlBlTloN AND EXClsE, Hirll 9. One CC"to SRI K.RAGHAVA RAIVANA, Advocate [OP - 10. Two CD CoPies of Telangana at HYderabad. [OUT] Hvderabad. [OUT] Hvderabad. Lri Bhavan, State of Telangana at Court for the State SA PMK (+ \ { .- _ _-: -=a:-:- - .. r llf- .. , 22 tic P; I I 't -. - / HIGH COURT DATED:2410912025 ORDER WP.No.29303 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. VI t), t) @ o