1. J. Susheela v. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Direction more Particularly one in nature of Writ of Mandamus declaring the action of the Respondent No.2 not considering the Petitioner application dated.18-07-2023 even after this Hon'ble High Court had passed the order in WP No.12380 of 2023 dated.28-04-2023 with regard reiection of their succession application bearing Nos. 2'1 00996561 , 2100493884 and 2'100954541 in transferring their father's land in Sy.No.1000 to an extent of Ac.8.08 gts situated at Kadirenigudem (Nancharipeta), H/o. Chada Village, Motakondur Mandal, YadadriBhuvanagiri Districtis against to the Article 14 and 21 of the constitution, and Principles of Natural Justice and also direct the Respondent No.2 to conduct detailed enquiry in respect of above mentioned land and consequently direct the -'-. l I i I l i I ; I I I I I I I I , : -7 Respondent Authorities to initiate Succession Proceedings and mutate our name in Passbook and Pahanis as a legal heirs of my father and Set aside the order passed by the 2nd Respondent with Vide Order No. F21183112023 lA NO: 1 OF 2023 Petition under Sectron 151 CPC praying that in the circumstances stated rn the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No.2-3 not to initiate any sale transactions with respect of agricultural land in Sy.No.1000 to an extent of Ac.8.08 gts situated at Kadirenigudem (Nancharipeta), H/o. Chada Village, Motakonour Mandal, Yadadri- Bhuvanagiri District pending disposal of above Writ Petition lA NO: 2 OF 2023 Between: AND

1. J. Susheela, W/o. late J- Ravindar, Aged about 45 years, Occ. Agriculture, 2. J. Narendar, S/o. Komaraiah, Aged about 48 years, Occ. Agriculture, 3. J. Andalu, W/o. late J. Mallaiah, Aged about 42 years, Occ. Agriculture, 4. J. Ivlaheshwar, S/o. late Komaraiah, Aged about 40 years, Occ. Agriculture,

5. J. Bikshapathi, S/o. Latchaiah, Aged about 48 years, Occ. Agriculture, AII are Rl/o.Kadirenigudem (Nancharipeta), H/oChada Village, IVlotakondur Mandal, YadadriBhuvanagiri District. ...PETITIONERS

1. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

2. The District Collector, YadadriBhuvanagiri District at Bhongir. 3. The Revenue Divisional Officer, Bhongir Revenue Division, Yadad riBh uvanagiri District.

4. The Tahsildar, It4otakondur ft/andal, YadadriBhuvanagiri District. 5. Pailla Venkat Narasimha Reddy, Sio Hanma Reddy (late), aged about 50 years, Occ: Business, Post: Mogilipaka (via valigonda) Village: Kadirenigudem fi/landal, [\/utakondur, Yadadri Bhongir - 508112.

6. Pailla lndra Reddy, S/o Laxma Reddy (Late) aged about 45 years, Occ: Business, Post: Mogilipaka (via valigonda) Village. Kadirenigudem ll]andal, Mutakondur, Yadadri Bhongir - 508112.

7. Pailla Ganapathi Reddy, S/o Laxma Reddy (Late) aged about 42 years, Occ: Business, Post: Mogilipaka (Via Valigonda) Village: Kadirenigudem N,4andal, Mutakondur, Yadadri Bhongir - 5081 12 ...RESPONDENTS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to implead them as Proposed Respondents 5 to 7 in the above case and permit them to carry out consequential amendments in the case Counsel for the Petitioner: SRl. P ACHUT RAMA SHASTRY Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER I I I I I i I I l HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.32376 of 2o23 ORDER: This Writ Petition, under Article 226 of. the Constitution of India, is filed seeking the following reiief: "....to issue Wit or Direction more Particularlg one in ttature of Wft of Mandamus declartng the actton of responde No.2 rtot considering the Petitioner application deted 18.07.2023 euen afier thrs Hon'bte High Court hdd Ttassed the order in WP No.12380 of 2023 dated 28.04.2023 with regard rejection of their succession application beaing Nos.21OO996561, 2100193884 and 2100954541 in transfering their fathers land ut 59.No.1000 to an extent of Ac.8.08 gts situqted et Kadirentgttdem, Nanchaipeto, H/ o. Chada VtlLage, Motakondur Mandol, Yadedr-iBltuuenagii Districtis agairtst to the Articles 14 and 21 of the constitution and Pinciples of Natural Justice and also direct respondent No.2 to conduct detaiLed enquiry in respect of aboue menttoned land arud consequentlg direct tlle resL,orldetLt authontes to tttitidte Successlon Proceedings and mutate our ftome in Passbook qnd Pa'ho'nis as a legal heirs of mg father and Set aside the order passed bg the 2"d respondent ntith Vide Order No.F2/ 1831/ 2023...."

2. Considcred the submissions of the Iearned counsel for the respective parLles and perused the record.

3. It is stated that petitioner Nos. 1 to 4 are the legal heirs of late Jetta Mallaiah and petitioner No.S is the legal heir of late Jetta Lachaiah. The case of the petitioners is that their fathers are the absolute owners and possessors of land admeasuring Acs.B-O8 guntas in Sy.No.lOOO situated at Kadirenigudem (Nacharipeta), H/o. Chada Village, Motakondur Mandal, Yadaclri-Bhuvanagiri District and their names were recorded as pattadars in the revenue 2 records. It is further case of the petitioners that [hey have submitted applications seeking issuance of the succession proceedings, but respondent No.2_District Collector, has rejected the said applications without assigning any reasons, which corrs[rained them to n1e w.p.No.123go of 2023 before this court and the same was disposed of uid,e order dated 2g.O4 .2023 remanding the matter back to respondent No.2 and directing to consider the succession applications submitted by the petitioners and pass a reasoned order wiLhin a period of eight weeks from thc date of receipt of a copy of the order; and in pursuance of the said order, without conducting anv enquiry, without taking into consideration of their Iong possession and the entries made in Lhe revenue records, respondent No.2 passed order dated 23.O9.2023 in File No.F2/ 1831/2023 rejecting their claim for issuance of succession proceedings.

4. Sri P. Achyrrta Rama Shastry, learned counsel for the petitioners vehemently contended that except rejecting the case of the petitioners on the ground that they are not found in physical possession, no enjoyment survey has been conducted by the respondent No.2 to reject the claim of the petitioners. It is further submitted that as per Section 54 of the Telalgala Land Revenue Act, 1317 Fasli, if any person are in unoccupied land, they allowed 3 to continued lor long possession, they are entitled for recording their names as registered hoiders in the revenue records and for grant of pouthi izafa.

5. Per contra, Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearinq for the respondents submitted that the respondent authorities have issued notices to the petitioners and have also conducted enquiry, u.herein it is evrdent that third parties are in possession of thr: subject property.

6. It is seen from the record thal the respondent No.2-District Collector, has rejected the claim of the petitioners vide impugned order dated 23.09.2023 in File No.F2/1831 12023 for grant of pouthi izafa without determining the rights of the petitioners and their long posscssion after conducting enjoyment survey. As per the provisions of Tclangana Land Revcnue Act, 1317 Fasli, the Shiva Jamadars who occupied the Government land and paying Shivai Jamadari tax, are entitled lbr recording their names either as registered holders or for granting assignment under the Laoni Rules \ I { framed under the Act. Since tl-rese issues have not been adverted by the District Collector, the impr:gned orders are liable to be set aside.

7. In view of the above, this Writ Petition is allou'ed setting aside the order dated 23.09.2023 in File No.F2l 1831 12023 passed by 4 respondent No.2. The Respondent No.2 is directed to re-examine the case by callir:g for records from the conccrned Tahsiidar with regard to the nature, enjoyment of the petitioners over the subject lands and the entries made in the revenue records from Khasra Pahani onwards. If at any point of time, if the petitioners or their prcdecessors-in-interes t have paid Sivai Jamabandi tax, the respondent No.2 shall consider the case of the petitioners for grant of succession proceedings and consequential issuance of pattadar passbooks. In any event, if the petitioners have not satisfied with the requirements, the respo.rdent authorities shali pass a reasoned order and communicate the same to the petitioners. .l.he entjre exercise shall be completed ,"vithin a period of three (3) months from the date of receipt of a copy of this order. No costs. 8 As a sequel, the miscellaneous petitions pending, if any, shall stand closed //TRUE COPY// SD/-P, PONNA KRISHNA S ISTANT REGISTRAR SECTION OFFICER To,

2. J. 4 5 t) 7 KKS GJP The Principal Secretary, Revenue Department, S The District Collector, YadadriBhuvanagiri District at Bhongir. taiiat, Hyderabad The Revenue Divisional Officer, Bhongir Revenue Division, YadadriBhuvanagiri District. The Tahsildar, Motakondur Mandal, YadadriBhuvanagiri District' One CC to SRl. P ACHUT RATVA SHASTRY Advocate [OPUC] Two CCs to GP FOR REVENUE ,High Court for the State of Telangana Two CD Copies o { ,4 TRot EH .) T4 ,, \ 2 4 JUt. ?ffi i:)l '-i !,' "I.t/ {5'..,,..*u.r})2" - :-.: :it--l --i-.::_::. HIGH COURT DATED:01 10412025 ORDER WP.No.32376 of 2023 o ! ,o * ALLOWING THE WRIT PETITION WITHOUT COSTS 6\