✦ High Court of India · 14 Oct 2025

High Court · 2025

Case Details High Court of India · 14 Oct 2025
Court
High Court of India
Decided
14 Oct 2025
Bench
Not available
Length
1,452 words

2. The District Collector, Nirmal District. 3. The Mandal Revenue Officer, Dasturabad Mandal, Nirmal District. 4. The Revenue lnspector, Dasturabad Mandal, Nirmal District' 5. The Station House Officer, PS Dasturabad, Nirmal District 6. Sri Pulle Mallaiah, S/o: Rajamallu, Fl/o Revojpet Village, Dasturabad Mandal, Nirmal District. ...RESPONDENTS petition uncier 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 an appropriate writ, order or Direction, more particularly one in the nature of writ of Mandamus, declaring the notice daled 22.09.2025 issued by the respondent no. 03 i.e. Mandal Revenue Officer, as illegal, arbitrary, unjust' without jurisdiction and violative of Articles 14, 19 and 21 of the Constitution of lndia, and consequently set aside and quash the same, and direct the respondents not to interfere, obstruct or cause any disturbance to the peaceful possession, cultivation and enjoyment of the petitioner over the agricultural lands bearing Survey Nos. 101/A, 191/A and 58/A, admeasuring Ac.3.33Guntas situated at. Revojpet Village, Dasturabad Mandal. lA NO: 1 OF 2Q'25 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 direct the responden ts to extend adequate police protection to the petitioner and her family members to secure their life and property and to prevent any interference, threat or illegal dispossession by the respondents or their agents. lt is submitted that this Hon'ble Court may be pleased to direct the respondent no.0S to grant police protection to the petitioner and her family members to safeguard their life and property. lA NO: 2 OF 21125 the affidavit fil€)d Petition under section 151 cPC praying that in the circumstances stated in in support of the petition, the High court may be pleased to direct the responden: No.3 i.e. Mandal Revenue Officer, to forthwith process, finalize and approve the petitioner's pending succession application No.2500612035, in accordance with law, and to ensure that the lawful entries in the revenue records continue in th3 name of the petitioner and her deceased husband without any alteration or rectification at the instance of private individuals. Counsel for ttre Petitioner: MS. TAKKURI CHANDHANA Counsel for ttre Respondent Nos.1 to 4: SRI L. RAVINDER, AGP REPRESENTING GP FOR REVENUE Counsel for the Respondent No.5:GP FOR HOME Counsel for the Respondent No.6:-- The4ourt made the following: ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL N No.31054 OF ORDE R: This writ petition is filed under Article 2,26 of constitution of India seeking the following relieJs:_ "... to issue an appropriate writ, order or Direction, more particurarly one in the nature of writ of Mandamus, declaring the notice dated 22-o9.2o2s,-issued by the respondent no.o3 i.e. Mandal Revenue oflicer, as ilregar, anbitrary, unjust, without jurisdiction and violative of Articres 14, 19 and 21 0f the conltitution of India, and consequently set aside and quash the same, and direct the respondents not to interfere, obitruct or cause any disturbance to the peaceful possession, curtivation and "".;oy-."i of the petitioner over the agricultural lands bearing SurveSi Nos.tOtle, Si/A and 58/A, admeasuring Ac.3.33 Guntas situated at Revojpet V,lage, Dasturabad Mandal and pass such other ora.r" ...i 2. Heard Ms.Takkuri chandhana, learned counsel for the petitioner appea-ring on-line and Mr.L.Ravinder, learned Assistant Government Pleader representing learned Government preader for Revenue appearing for respondent Nos. I to 4.

3. The brief facts of the case are that the husband of the petitioner namely Late Sri purella Mallaiah was the absolute o\'vner and ptissessor of agricultural lands bearing survey Nos. lol / A (Ac- 1-02 gts), LgL / A (Ac. 1.31 gts) and 58/A (Ac. 1 .oo gts) totaling Acs.3.33 guntas, situated at Revojpet Village, Dasturabad Mandal, Nirmal District; that the above lands were ancestral properties which devolved upon Late purella Mallaiah from his forefathers; that since then, he had been in continuoLrs peaceful possession and enjo.vment of the same; that the saici - lanCs stocd in the narne of the petitioner's husband in all the revenue records and he rvas issued Pattadar Pass Book No. T14030C3100-l for the entire extent oi land admeasuring Acs.

3.33 guntas; that her husband had availed crop loairs a.nd '.,vas receiving itythu Bandhu benefits and his nalne was a,lso reflected in the Record of Rights (1-B, ROR) and all revenue registers, sho'uving his lau'ful possession and ownership; that the said Purella IVtaltaiah passed a$ray on 16.01 .2}lg and his death certificate dated L2.O3.2O19 \,vas also issued by the Gram Panchayat, Revojpet Village; that after his demise, the petitioner being his legall5r r,vedded wife and Class-l legal heir applied for succession of the said lands on 19.09.2025 through the official Bhu Bharati portal enclosing the family certificate, death certificate, Aadhaar card, other documents and the said succession application bearing No.2500612035 was still pending before re:rpondent No.3 for necessary mutation in the petitioner's narne. Wlrileso, the petitioner received a notice dated 22.09.2025 from the Mandal Revenue Officer alleging that the Aadhaar number of the respondent No.6 was wrongly entered in respect of land adnreasuring Ac.1.O0 guntas in Survey No.SB/A and that rectificat:.on was required to record the name of respondent No.6. -'-' J It is stated that the said notice was issued basing on the fabricated report of the Mandal Girda',var and Surveyor dated

17.09.2025, which falsely states that respondent No.6 was in possession of the property. Aggrieved by the sa:r're, the petitioner filed the present Writ Petition s.eei<ing to set aside the impugned notice and to direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the subject lands.

4. Learned counsel for the petitioner submits that respondent No.3 vide impugned notice dated 22.09.2025, directed the petitioner and respondent No.6 to appear at his Office on

25.09.2025 along with relevant original documents pertaining to the land admeasuring Ac.1.00 gts 1n Sy.No.58/A, Revojipet Village basing on the report submitted by the Mandal Girda\,trrar and Surveyor dated 17.O9.2025. He statbs that the petitioner was given only couple of days time to appear before respondent No.3. He further states that respondent No.6 has no right, title or interest over the said property and that respondent No.6 in collusion with respondent Nos.3 artd 4, is trying to dispossess the petitioner from the subject property, thereby depriving the a petitioner of her li..relihood. Therefore, he seeks to pass - approprierte orders.

5. Learned Assistant Government Pleader for Revenue contends that the petitioner, instead of appea-ing before respondent No.3 along with all the necessary documents to prove her cas(:, rushed to this Court at premature stage under misappre:hension. Therefore, he seeks to dismiss the Writ Petition

6. Ha'v'ing regard to the submissions of both the learned counsel and on perusal of the material avajlable on record, this Court is of the opinion that respondent No.3 ought to have given atleast a rveek's time to the petitioner to appear before him along with the original documents to prove her case. But a perusal of the imptrgned notice shorvs that she r,vas given three (3) days time to prove her case, which is imperrnissible under Law. Therefore, the impugned notice dated 22.09.2025 is set aside. Holvever, respondent No.3 is directed to provide sufficient opportunity of hearing to petitioner and respondent No.6 to put forth their contentions and pass appropriate orders '7. With the above direction, this Writ Petition is disposed of. No costr; Miscellaneous Petitions, pending if any, shall stand closed. //TRUE COPY// SD/. U.SUDHA STANT REGIST ECTION OFFICER To,

1. The Principal Secretary, The State of Telangana, Hycierabad nue Department,

2. The District Collector, Nirmal District. 3. The Mandal Revenue Officer, Dasturabad Mandal, Nirmal District. 4. The Revenue lnspector, Dasturabad Mandal, Nirmal District. 5. The Station House Officer, PS Dasturabad, Nirmal District 6. One CC to Ms. Takkuri Chandhana, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT]

8. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT]

9. Two CD Copies TJ CJP Nr HIGH COURT DATED:1411012025 I ORDER WP.No.31054 of 2025 o J ( * 1HE S TA 0 3 rrB 20?6 7- * -a---- DISPOSING OF THE WRIT PETITION WITHOUT COSTS e, pT ..\,,l:6

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