Vangari Vithal v. 1. The State of Telangana

5. The Tahsildar, Nalgonda Mandal, Nalgonda District, Nalgonda 508002. 6. Smt.Mandadi Pushpamma, W/o Late Sri lrr'landadi Sathi Reddy, Aged about 62 Years, Obc. House Wife, Fl/o Marriguda Village, Back side of the HP Petrol Bunk, -Near By-Pass Road, Nalgonda Mandal and District.

7. Sri Mandadi Seshidhar Reddy, S/o Late Sri Mandadi Sathi Reddy, Aged about 38 Years, Occ. Business, Rl/o Marriguda Village, Back side of the HP Petrol Bunk, Near By-Pass Road, Nalgonda Mandal and District. I

8. Smt. Mandadi Saritha, D/o Late Sri Mandadi Sathi Reddy, Aged about 35 Years, Occ. House Wife, Rl/o Marriguda Village, Back side of the HP Petrol Bunk, Near By-Pass Road, Nalgonda Mandal and District. .....RESPONDENTS Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ particularly in the nature of Writ of N/andamus or any appropriate Writ or order declaring that the inaction of the : in not incorporating the name of the Petitioner herein in the an extent of Ac.0-18 Guntas in Sy.Nos.3O/A, 31lA and 32lt\ Village, Nalgonda Mandal and District for the purpc r proceedings besides taking stringent action against the sa i Respondent Nos.6 to 8 herein declaring the same as arbitrar an infringement of fundamental rights guaranteed under Arli of the Constitution of lndia consequently directing the Re herein to incorporate the name of the Petitioner herein in tl-r :spondent Nos.3 to 5 Revenue Records to situated at Marriguda = of issuing NALA Iaw breakers that is /, contrary to law and les 14,21 and 300-4 ;pondent Nos.3 to 5 Revenue Records to an extent of Ac.0-18 Guntas in Sy.Nos.30/A,31lA aod 32lt', situated at Marriguda Village, Nalgonda Mandal and District. |.A.NO:1 OF 2023 Petition Under Section 151 CPC praying that in the cir :umstances stated in the affidavit filed in support of the petition, the High court ma r be pleased to direct the Respondent No.3 to consider the representation of the P )titioner dated .12-10- 2023 and to pass appropriate orders pending disposal of the vrit petition. |.A.NO:1 OF 2024 Petition Under Section 151 CPC praying that in the c r ;umstances stated iri the affidavit filed in support of the petition, the High court mrl be pleased to direct the Respondent No.3 to pass appropriate orders.by setting zr: ide the earlier orders passed by the Respondent No.5 who issued Pattadar pass I rok illegally in favour of Late Sri Mandadi Sathi Reddy pending disposal of the wril retition. Counsel for the Petitioner : SRI C.APPAIAH SHARMA Counsel for the Respondent Nos.1 to 5 : SRI L.RAVINDER \Gp FOR REVENUE Counsel for the Respondent Nos.6 to 8 : The Court made the following ORDER l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT ITYDERABAD THE HON'BLE SRI JUSTICE E.V.VENUGOPAL UIRIT PETITION No.3293O of 2o23 DATE OF ORDER: 01.12.2o25 Between: Vangari Vithal AND Petitioncr The State o[ Telangana, rep. bY its Principal Secrctary, Revenue Dcpartment, Secrctariat Buildings, Saifabad, Hyderabad, and seven others _.__..-. ,c& . Respondents ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "....fo issue a Wit particularlg in the nature of Wit of Mandamus or anA appropriate Wit or order declaring that the inaction of the Respondent Nos.3 to 5 in not incorporating the name of the Petitioner herein in the Reuenue Records to an extent of Ac.O- 1 8 Guntcts in Sy Nos3O/ A, 31/ A and 32/ A, situated at Marriguda I'agc 2 of6 Village, Nalgonda Mandol and Distict for the )) issuing NALA proceedings besides toking stinc,t against the said laut breakers that is Responct, to 8 herein decLaing the same as arbitrary, cc lau and en infingement of fundamert c guaranteed under Articles 14, 2 I and 3O0-. Constitution of India corLsequentLg direc.t Respondent l[os.3 lo 5 herein to incorporate th= the Petitioner herein in the Reuenue Records to , of Ac.0-18 Guntas in Sy.Nos.30/A, 31/A ar, situated at Mariguda Village, Nalgonda Mar Distict and to pass. . . . " rpose of n.t action nt Nos.6 trory to t. ights t of the tlg the narn.e of 'n extent I s2/A, CaI and

2. Heard Sri C.Appaiah Sharma, learrr :d counsel appearing lor the petitioner arld Sri L. Ravrr L, e r, learned Assistant Government Pleader for Revenue, for respondent Nos.1 to 5 and perused the record

3. Learned counsel appearing for the petit rner would submit that the petitioner hereir-r is the absolut.r ou,ner and possessor of land to an extent of Ac.O.1I guntas in Sy.No.3OA/4, Ac.0.10 guntas 1n Sy.No.31A7 4, Ac.0.13 guntas ln S),.No.324/4, total land admeasu- ng Ac.O.34 guntas, situated at Marriguda Village, Nalgonda landal ald District. The grandfather and paternal u r cle of the petitioner got partitioned the .1oint family prolx rties to an extent ol Acs.2.38 guntas as per the decree in i, - Page 3 of6 O.S.No.SOS/1978, dated 29.Ol.lg79' In view of the said partition the mother of the petitioner and the petitioner got an extent of Ac.O.34 guntas of land' The petitioner executed non-possessory agreement on 29'05'1986 in favour of Mandadi Sathi Reddy for a sale consideration of Rs'43'33O/- towards their 1/3"r share and received Rs'42,000/- towards art advance sale consideration.

4. The said Mandadi Sathi Reddy filed a Suit for specific performance uide O.S.No.302 l2Ol4 on the file of the learned Senior Civil Judge, Nalgonda. Subsequently, Mandadi Sathi Reddy and the petitioner has arrived at compromise outside the Court and the said Suit was referred by the learned Senior Civil Judge, Nalgonda to Lok-Adalath, Nalgonda and the compromise was recorded and the Award/decree was passed in LAC.No.226 l2olg, dated 06'06 '2019 by the Lok- Adalat. The same has become final once for all on O6.O6.2Otg. In the terms of compromise, the petitioner agreed to pay Rs. 17,00,000/- to Mandadi Sathi Reddy' Respondent Nos.6 and 7 along with Mandadi Sathi Reddy after receiving the said amount, in lieu of said compromise l'agc 4 of6 Mandadi Sathi Reddy has renounced all their t:. rims, rights, whatsoever in the nature in respect of the s rit schedule property and agreement of sale deed 29.05..1() \6. Further Mandadi Sathi Redd-v has agreed and :rcl<n c wledged the petitioner's possession of 7 l3'<t share of pltr nt schedule property besides declaring and admitting that 1 hey have no subsisting interest in the agreement and s,r Lit schedule property.

5. Later, the competent authcrrity an'1 Tal-rsildar, NalgonCa Mandal :l-rd District l-ras issueC NALr\ proceedings uide Proceedings No.2100600510, datcd 30.09. lO2 l"only to an extent of Ac.O.16 guntas as detailed in tht: llroceeCings dated 30.09.202 1. But the rernaining land v trs left over without issuing NALA proceeding, thcugh the petitioner is legally entitled for it. Mandacii Sathi Reddy is z lso trying to interfere vrith the peaceful possession of the sult ect property without abiding by the AwarC passed by Lok'A lalath dated I

06.06.2019. The petittoner lociged a compl Lrnt against Mandadi Sathi Redd5,, then ManCadi Sathi Rect, [v has given undertaking on 10.01.2020 stating that he '"viil 'rot interfere ifii. Page 5 ol6 trespass into the subject property. Later on, the petitioner filed W.P.No.5322/2023 against Mandadi Sathi Reddy, this Court uide its order dated 11.04.2023 has disposed of the writ petition granting liberty to the petitioner to avail alternative remedies that are available under the provisions of Cr.P.C. Mandadi Sathi Reddy was died on

08.06.2023. After his demise, respondent Nos.6 and 7, who are the wife and son are tr_ying to interfere with the peaceful possession of the subject property without abiding by the Award passed by Lok-Adalath dated 06.06.2OI9. Hence, the petitioner filed represefitation dated 12.1O.2023 to respondent Nos.3 to 5 to take immediate action of incorporating the name of the petitioner in the' .revenue records as pattedar. Despite receiving the said representation, respondent Nos.3 to 5 has not acted upon it Hence, the present writ petition. I I

6. Learned Assistant Government Pleader for Revenue would submit that the representation submitted by the petitioner dated 12.1O.2O23 is under consideration. The I I r-age o ol o -- xtr' \ respondent-authorities will consider the str r. Lr: and pass appropriate orders in accordance with law

7. In the light of the aforesaid facts and cir: tmstances of the case and upon perusing the material availrt ,le on record, this writ petition is disposed of, directing tlr c respondent- authorities to consider the representation datr: I12.1O.2023 ald pass appropriate orders, strictly in accortl r'rce with law, by putting the petitioner, respondent Nos.6 o 8 and all interested parties on r-rotice and afford i n 1 them an opportunity. If the respondent-authorities ar-.r not inclined to accept the request made by the petitioner, lr ry shall pass a reasoned order, communicate copy of the srrrr order to the petitioner and complete the said exercise withi r a period of 9O days from the clate of receipt of cop;r of this r rder. There shall be no orders as to costs Miscellaneous petitions, if any, pendinl; in this writ petition shall stand closed ^SQ" ). PONNA KRISHNA I XS\] STANT REGISTRAR //TRUE COPY// SECTION OFFICER To \Y

1. The Princip al Secretary, Revenue Department, Slcr tar lt Buildings, Saifabad, State ofTelangana at Hyderabad 5000

2. The Chief Commissioner of Land Administration, Namp: ly Station Road, Hyderabad.

3. The District Collector and Magistrate, Nalgonda Distrir;t lollectorate at Nalgonda Nalgonda, Telangana 508001 .

4. The Revenue Divisional Officer, Nalgonda Division' Nalg :nda District, Nalgonda 508002.

5. The Tahsildar, Nalgonda Mandal, Nalgonda District, Ne I ronda 508002. 6. Two CCs to GP FOR REVENUE, High Court for the St.tr I of Telangana at Hyderabad. [OUTI

7. Ohe CC to SRI C.APPAIAH SHARMA, Advocate IOPU: I B. Two CD CoPies HIGH COURT DATED:0111212025 t 't:r--,1ft;x\, P, i) 09 J ', . il',ii: i;\ , \'. i. ..: ii -. ;l _:. ,/ * )5 .'' , l'.. '- ORDER WP.No.32930 of 2023 DISPOSING OF THE W.P WITHOUT COSTS.