High Court · 2025

The Revenue Divigional Qfficer, Bhongir, Nalgonda District. The Tahsildar, Bhongir Mgndal, Nalgglda District. Smt. Deravath Bhulan, Wo. Deravath Bheemla, R1o. Chandu Naik Thanda ,ro. .1",1paily Y), Fibinagar Mandal, Nalgonda District. ...RESPONDENTS Petitiol un(g1 Artrcle 2?6 of the constitution of lndia praying that.in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a Writ qi Manddmu's or qny other appropriate writ or writs, order.or direction, dgqlaring andl sefting aFide the order dt. 19-11-2007 in Proc NO. 1on tfig file aI thg- 2nd respendent herein, as illegal, arbitrary and Al2g5SlZOOT without lurigy'iction AWard 0osts l.A. NO: 2OF 2008 M NO:2712 oF 2008 PetitiqqundgrseationlslCPCprayingtha!inthecircumstances.statedin tfre affidavil.iiied in-suppo( of the petition, the High Court may be pleased to grant interim Stay qt All fu(her proceedings pursuant to the Order dt. 19-11-2007 in P1OQ. iiio n,isl'52002 on ttrefile of thJ 2nd respondent, pending disposal of the Writ Petition j/ F€,lilioners: SRl. N SRIDHAR REDDY +:;cortdent Nos"l&2: GP FOR REVENUE -r tor the Fler:;con{qnt {o.3: SRI S TUI-ASI DAS The Court m4de tf () followingi ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR U/RIT PETITION No-2077L of 2OO8 ORDER: This writ petition is filed seeking a writ of IVlandamus or any other appropriate Writ or Writs' Order or Direction' declaring and setting aside the Order dated 19'Il 2OO7 in Proceedings No.Al2955l20O7 on the file of the 2nd respondent herein, as illegal, arbitrary and without jurisdiction'

2. The facts in brief are that the petitioner claims to be owner of the agricultural land bearing Sy No 141 admeasuring Ac.12.36 glrntas situated at Surepally Village' Bhongir Mandai' the same from Chervela Nalgonda District, having purchased Ram Bhadraiah vide registered sale deed dated 31.08.2004' the petitioners were Thereafter,therevenuerecordswereupdatedandthenamesof included in the records' It is further three petitioners have share of Ac'4'12 lands and the same have already been submitted tk-rat the guntas in the said reflectedintherevenuerecordspreparedbythel'trespondent and accor4ingly pattedar pass books and title deeds were also issued in favour of the petitioners' Thereafter' the 3rd respondent has made application to the 2"d respondent under Section 40 of A.P.(T.A ) Tenancy ancl Agriculturdi Lands Act' 1950 for grant of succession certihcate stating that the property 2 in S1'.llr, ll admeasuring Ac.72.36 guntas \,r..s tenancy propert' i1 r ( trrat they were protected tenants ovr:r the said propert] itLt ,l .hat they should be declared as succl-_s sc rs ol the tenants oi 1lc said property. Thereafter, 2.d resD()n(lent has entertarirrr.C thr: application and vide proceecli;tgr. clated 19.11.2OO7 n proceedings No.A/2955 /07 inas pas;ed the impugnecl ,: -1er hording that 3.d respondent rs succ rssor to protecterl t€l tn1s. It is also submitted that the or. _.rs passed b]' the i " r r r sp()ndent are without jurisdiction. rt is further submitteC rlr lr under Section 40 of A.p.(T.A.) Tr.rarcy .and Agricultural ,ands Act, 195O, the Thahsildar or rn,r other Revenue C)[ ,.;" ,1o not have the power to grant sucr:e sslon and it is onlv th,r tor-lpetent civii court that is empor,vere(l t ) grant certificatr ,:rf ;ucr:ession in favour of the party and that the 2d responden' .rithcut considering this aspect has stra gl.t away allowed tJ*r rl pli:ation filed by the 3.a.respondent lrrd issued impugned pr .lc eeclings.

3. It ir; f : I thr.r submitted that 3.d respondent ra de an application 1( ,d respondent for restoration of possess;on of the above properti. Thereafter, petitioners have come lo know about the s u ( r (,ss;ion that has been granted in favcrrr of 3.d responcien: ,-r : r a lter verifying the said order filed rn :. ppe al before the r " :spondent and by order dated 05.09.2()o* vide J proceedings in Case No.D/ 1985/08, the lst respondent has granted stay of further proceedings pursuant to order issued by

2.drespondent.Thereafter,thepetitionerscametoknowthat the first respondent is not the appellate authority and as such ihey have not pressed the appeal and the appeal was dismissed on 15.O9.20O8. It is their further case that since the revenue authorities do not have jurisdiction to grant succession to any party, the petitioners have filed the present writ petition'

4. This Court on 23.09 2OO8 in W'P'M'P 'No '27129 of 2008 has passed the following order and the same is extracted as under: "There shall be interim stay of all further proceedings, pursuant to the order, dated 19 11 2007' passed bY the 2"d respondent'"

5. Thereafter, the respondent has filed vacate petition vide W.P.M.P.No.356O of 2008, and this Court passed the following order, which is extracted as under: 'This vacate petition is moved by way of lunch motlon. The learned counsel for the writ petitioners seeks time. Post on'19.01.2009'"

6. The matter was again taken up on 18'72'2024' It was informedthatthelearnedcounselfortherespondentNo.3isno 4 more and lr rt I he petitioner was permitted to take out personal service ot- lr tic,l to the 3.d respondent through rel1ir;te red post. Thereaf'.er, r rt 22.OI.2O25 when the matter rvas call:d, none appeared f I r th e respondents and when the matter w ts cailed on 13.0i2 :1,).5, none appeared for the petitioners. 7 . Tc.d:r. , : ls,r when the matter is posted under r he caption for Orders, tfc.rr is no appearance on behalfofthe pe:rttoners.

8. Srt,..e thtre is no representation on bel_rzrlf of the respond.n t:r rnrr as submitted by the learned counser for' the petitione rs - a t Thahsildar has no power to grant : ju, rcession certificat: r, rdr r Section 40 of A.p.(T.A.) Tenan::y and Agricultural -an<ls Act, 1950 and it is only the conrfrett_,nt crvil Court wlrr:, t, ertrpowered to grant certificate of suc,:er,sion in favour c,f t ! e. parties concerned, the partres rna,,, seek approprie tc rr mt dy by approaching the appropriat,3 for-,m as available unc,'t. law. In the case on hand, since itert: is no representlti(;r otr behalf of the petitioner, there is no 6fhs1 option to tlri,r 161lp1 except to dismiss the Writ petition fi rr non_ prosecutiorr

9. Accold rril .\.. the Writ petition is ciismisse:l non-prose.r_ ti,r n. 'lhere shail be no order as to cost-s. 5 As sequel to it, Miscellaneous Petitions' if any pending' shall stand dismissed. SD'.P. CH . NAGABHUSHAMBA oEPUTY REG IST /,TRUE COPY/' SECTION OFFICER One CC to SRI N SRIDHAR REDDY Advocate Court fo f*o CC. to GP FOR REVENUE 'High O* "" Two CD CoPles to SRI S TULASI DAS Advocate [OPUCI UC] r the State of Telangana To, 1 ) J 4 KK BS HIGH COURI' DATED:1 4102t12025 ORDER WP.No.20771 of 2008 .4 e'' S =-- €r c_ \ 03 l,i I\ ?.o a n I .. -- ; a-- DISMISSING 'I'HE WRIT PETITION FOR NON.PROSECUTION WITHOUT COIJTS ff"6"1> w 46.'5