High Court · 2025

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) [ 3255 ] THURSDAY, TIlE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO: 26110 OF 2016 Between: Srusti Ram Mohan, s/o_ late S.Venkata Subbaiah, aged about 49 years, occupation Purohith, r/o. Wanaparthy town. AND ...PET|T|ONER '1 . The State of Telangana, represented by its principal Secretary, Revenue, Secretariat Building, Hyderabad 2. The District Collector, Mahabubnagar. 3 The Tahsildar, Wanaparthy Mandal, IVahabubnagar District. 4 L Rajender Goud, S/o not known, major, occp Ta-hsildar, Kothakota Mandal, Mahabubnagar District. ...RESPONDENTS Petition under Article 226 ot the constitution oi lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue writ or order or direction more particularly il the nature of writ of lVlandamus i). declaring that the inaction of the 4th respond.ent working as 3rd respondent to implement the court decree dated 10- 12-2012 in o.s.No.63 of 2008 passed by the court of Junior civil Judge at wanaparthy, is illegal, void and unco nstitutio na l, the 3rd respondent may be directed to record in record of rights the names of decree holders which includes name of writ petitioner as pattedars and the owners of the land Acs.3-26gts in sy-No. 255/1 situated at Govindahalli village of Kothakota [\4andal, in terms of said decree ii) and directing the respondents 1-3 to pay the writ petitioner a reasonable compensation of Rs, 5,00,0001for the loss of time of more than 6 months, for loss of his rights over this property, loss of expected income, mental agony he has undergone to which he is entitled to. j l.A. NO:1 O F 20160 VPMP. NO: 32268 OF 2016) PetltionunderSectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition, the High Court may be pleased to directrespondentst()implementthecourtdecreedatedlo-12-?.o12ino.S.No.63 of 2008 passed by ttre court of Junior Civil Judge at Wanaparthy'' Counsel for the Pet tioner: SRI V'HANUMANTH RAO a;;;.;l for the Res,pondent Nos'1 To 3: AGP FoR REVENUE Counsel for the Resipondent No.4: - The Court made the'following: ORDER I I I F'{ THE HONOURABLE SRI JUSTICE N.V. SHRATv'AN KUMAR Writ Petition No.2611O of 2016 ORDER: Heard, learned counsel for the petitioner and Sri.H.Rakesh Kumar, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3. With their consent this writ petition is taken up for disposal

2. This writ petition has been filed seeking the following prayer: - "to declare the inaction of the 4rn respondent working as 3,a respondent in implementing the Ciuil Court decree in O.S.lVo.63 of 2OOB dated 1O.12.2012 passed by the court of Junior Ciuil Judge at Wanaparthg, to carryout necessary amendments in records of nghts in fauour of u-tit petitioner and others as ordained . therein, as deliberate failure of the 4tL 725p6nflsnt in discharging his official duties as 3'd respondent tuhich is urong, illegal and unconstitutional and due to tuhich the uLit petitioner haue suffered loss of rights for so long the respondents mag be directed to take immediate sfups lo honour and act to carryout the declarations/ directions infauour of the uit petitioner contained in the said decree, and grant d sum of Rs.5,00,0Oa/ as reasonabLe compensation / damages to the writ petitioner. "

3. Brief facts stated in this writ petition are that petitioner hled OS.No.63 of 2008, for declaration of title and recovery of possession of the land admeasuring Ac.3.26 gts in Sy.No.255ll situated at Wanaparthy and the learned Junior Civil Judge, Wanaparthy, granted preliminarily decree and subsequently final A 2 decree was passed on 10.I2.2O1'2. The case of the petitioner rs that the petitioner on 04. ll.2OI5, made an application and requested respondent No.2 to implement the final decree dated 10.12.2012 ancl carryout necessary amendments in records of rights in h,:r favour. Thereafter, the respondent No'2 uide letter in file \o.Dla77 l2016 dated 30.05.20 16, directed the respondent No.3 to implement the final decree dated 10 12'2012 and incorprratc necessary changes in record of rights in respect of subject lropcrty. Further case of the petitioner is that being on the seat of respondent No'3, the respondent \o 4, in terms of the letter dated 30.05.2016, ought to have implernenled the final decree dated IO.12.2Ol2, however, the {;ame was not implement,'d. 'lhus. the petitioner issued leE.al notice dated 23.O5.2O1(, on respondent Nos.3 and 4 calling upon him to implement the final decree dated t 10.12.201.2 in'OS.No.63 of 20OB and ,vhen the sarne was not implementecl. petitioner filed this r.r,rit pt:titiou.

4. Learned counsel for the petitioner would submit that the matter ha<[ attarined finality and no appeal is preferred against the final cecrec dated 10.12.2072 in O.S.No-6,11 of 2OO8' It is further submitted that Section 8(2) of the then Andhra Pradesh Right in LzLncl iLnd Pattadar pass Book Act, 197 1, mandates that the Civil Court decree is binrling upon the revenue authorities and in terms of the same, the authorities has to make necessary changes in the revenue records and due to inaction of respondent No.4 in incorporating necessary changes in record of rights, the petitioner is not able to enjoy the benefits in respect of the subject property. Hence, pray this Court to direct the respondent No.3 and 4 to act on the respondent No.2 letter dated 30.05.2016 'and incorporate necessary changes in record of rights in favour of the petitioner. I I

5. Learned Assistant Governmenr pleader appearing for respondents submits that if the letter dated 3O.05.2O16 in file No.D/177 /2016 is not implemented, the respondent authorities may be directed to implement the same ald pass appropriate orders in accordance with law. t .

6. Recording the submissions made by rearned counsel appearlng on either side and without expresslng any opinion on the merits of the case, this writ petition is disposed of directing the respondent authorities to implement the respondent No.2 letter dated 30.05.2016 in file No.D/ 4TZ /2016 and final decree dated I O. 12.2012 1n O.S.No.63 of 2OO8 and pass appropriate orders strictly in accordance rvith lau., as expeditiously as possible, preferably, within a period of four (4) lveeks from the 4 date of rece iPt of copy of this order arrd communicate the same to the Petltloner' With thc above directions' this writ petitio.n is disposed of if anY Pending' shail stand closed Miscellaneous aPPlicattons' No orcler a:i to costs SD/. AH AS AB T KHAN STRAR ,TRUE COPY// CTION OFFICER To I The Princ ipal Secretary' Revenue' Secretariat Building' Hyderabad' State of 4 *ii: t,fs*tuffim+i*tmqp:'fl{ff:,,e a nga n a a 2 J 6 PSK- GJP Hvderab;d. IOUTI Two CD CoPies fl0- HIGH COIJRT DATED:0:110712025 1, ,( ORDER WP.No.26110 of 2016 ' /{;,{"" i,',i {i,l 1g'lE i. r. '.,.,-\. i:. P ) i) l f\ DTSPOSING OF THE WRIT PETITION WITHOUT COSTS I ( A 3 \ .L\