1. Devasani Ram Prasad v. The State of Telangana
Case Details
Acts & Sections
Smt. Dumpati Rajamani, W/o Narsimha @ Narsaiah Aged. Major, Occ. Housewife, Presently Ri/o 1-1,No.1 1-3-6641441 , Sanjeevapuri, Parsigutta, Secunderabad, N/o Akkaram village, Gajwel Mandal, Siddipet Dist. ...RESPONDENTS 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 order or direction more particularly one in the nature of writ of Mandamus declaring the rejection order vide Proc.No. D1l3B23l2O23 dated 06-11- 2024 issued by the 2nd respondent as illegal, arbitrary, unjust, unreasonable, contrary to law and against principles of natural justice and set aside the same and also direct the 2nd and 3rd respondents not to permit alienation of the land in respect of Sy.No. 437lA extent of Ac. 0.21gts in Akkaram village, Gajwel Mandal, Siddipet district by the 4th respondent in the interest of justice lA NO: 1 OF 2024 ,/ petition under Section 151 cpc praying that in the circumstances stated in the affidavit titeo in suJport of the p"iition, tne Hign Court In.9Y^!9,P1t^1t"d order issued vide Proc No' D11382312023 dated Suspend the operation "it"il.tion 06.11-2024 issued by tne, zno respondent in the interest of justice, pending JLporrL ot the writ p;tition direct the 2nd and 3rd respondents not to allow any alienationofthelandnrespectofSy.No.43TlAextentofAc.0.2lgtsinAkkaram viilage, Gajwet Mandat, siailp"t disirict by the 4th respondent in the interest of justiie pending disposal of the above writ petition Counsel for the Petitioners: SRl. D RAMAKRISHNA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.32941 OF 2o24 ORDER: This writ petition is hled seeking to declare the order passed by respondent No.2 vide proceedings No.Dll3a23l2023 dated 06. 1 1.2024 rejecting the request of the petitioners for deletion of the name of respondent No.4 in the revenue records in respect of land admeasuring Ac.0.21 guntas in Survey No.437/A situated at Akkaram Village, Gajn'el Mandal, Siddipet District, as illegal and arbitrary and for other appropriate rcliefs' It is stated that initially the mother of the petitioners purchased agricultural land admeasuring Ac.O.21 guntas in Survey No.437 / A situated at Akkaram Village, Gajwcl Mandal, Siddipet District, by way of simple sale deed/sada bainama on
05.02.1993, which has been subsequently regularized and 13-B certiltcate vide proceedings No.B/ 1'a4/2017 dated 12.06 2018 and pattadar pass books were also issued in favour of [he petitioners' mother, who thereafter executed registered gift favour of the petitioners vide document deeds in Nos.3199/2022, 3197 12022 and 319812022 dated 26'll'2022 respectively and since then they are in possession of the said land. However, despite the same, respondent No.4 claiming to r *.44-..*7 ) have purchased the said land from the son ol the original pattadar vjde registered sale deed bearing Docllment No.1650/2O1.t dated 13.03.2014, got her name nrutated in the revenue recor <1s, which constrained thc petitioncrs to submit application diitecl 27.lO.2O23 on the file o[ respondent No.2 seeking deletion of thc name of respondent No.4 in the revenue records in respect of the subject land. The gricvance of the petitioners is that responde nt No.2 instezicl ol dcleting the name of respondent No.4 in the revenuc records, passed the impugned orcler vide proceedings No.Dl/3823/2O23 dated
06.11.2024 rejecting their claim and taking advantage of the same, respondent No.4 is trying to sell the subject land to third parties. Considered the submissions of learned counsel for the petitioners rrnd learned Assistant Governmenr pleader for Revenue appearing for respondent Nos.I to 3 ancl perused the record. Desr:ite serwice o[ notice, there is no representation for respondent No.4 nor at-ry counter affidavit is filed on her behalf. While the petitioners claim thaL their mothcr purchased the subject land from the original pattadar b1. rvay of sada bainama in regularised thc year 1993, the same has been sul;sequently in the 1.ear 2O 18 and their mother cxecuted "!-ffi 'l 3 registered gift deeds in their favour in the year 2022, respondent No.4 claims that she purchased the subject land way o[ registered sale deed dated 13.O3.2O14 from the son of the original pattadar. Thus, it appears there are serious disputes among the parties with regard to right, title and consequential entries in the revenue records, in respect of the subject property, u,hich are required to be adjudicated by the competent Civil Court in a properly insLituted civil suit. Therefore, this Court u,ithout expressing any opinion on the merits of the matter, deems it appropriate to dispose of the writ petition by relegating the petitioners to approach the competent Civil Court and seek appropriate relief lt is made clear that after obtaining declaration decree, if any, from the competent Civil Court, the pctitioners are at liberty to make an appropriate application for amendment of record of rights and consequential issuance of pattadar pass books in their favour' The writ petition is accordingly disposed of. Pending mi.scellaneous applica tions, if any, shall stand closed. Thcre shall be no order as to costs. //TRUE COPY// SD/.K.BHAVANI SWAMY ASSISTANT REGISTRAR V SECTION OFFICER To, 1 The Principal Secretary Revenue Department, Dr' B R Ambedkar Telangana Secretariat, HYderabad.
2. The District Collector and District Magistrate, Siddipet District ''
3. The Tahsildar, Gajwel Mandal, Siddipet District. 4. One CC to SRl. D RAMAKRISHNA Advocate IOPUCI 5. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana touTl
6. Two CD Copies KKS/BSK \+ ;t HIGH COURT DATED:2410312025 \ \ i t ,rt Si ( () .J * 1 1 JUL 2025 z i,ATC I'r :o * ORDER WP.No.32941 of 2024 DISPOSING THE WRIT PETITION WITHOUT COSTS a*dtlo F'-*
Smt. Dumpati Rajamani, W/o Narsimha @ Narsaiah Aged. Major, Occ. Housewife, Presently Ri/o 1-1,No.1 1-3-6641441 , Sanjeevapuri, Parsigutta, Secunderabad, N/o Akkaram village, Gajwel Mandal, Siddipet Dist. ...RESPONDENTS 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 order or direction more particularly one in the nature of writ of Mandamus declaring the rejection order vide Proc.No. D1l3B23l2O23 dated 06-11- 2024 issued by the 2nd respondent as illegal, arbitrary, unjust, unreasonable, contrary to law and against principles of natural justice and set aside the same and also direct the 2nd and 3rd respondents not to permit alienation of the land in respect of Sy.No. 437lA extent of Ac. 0.21gts in Akkaram village, Gajwel Mandal, Siddipet district by the 4th respondent in the interest of justice lA NO: 1 OF 2024 ,/ petition under Section 151 cpc praying that in the circumstances stated in the affidavit titeo in suJport of the p"iition, tne Hign Court In.9Y^!9,P1t^1t"d order issued vide Proc No' D11382312023 dated Suspend the operation "it"il.tion 06.11-2024 issued by tne, zno respondent in the interest of justice, pending JLporrL ot the writ p;tition direct the 2nd and 3rd respondents not to allow any alienationofthelandnrespectofSy.No.43TlAextentofAc.0.2lgtsinAkkaram viilage, Gajwet Mandat, siailp"t disirict by the 4th respondent in the interest of justiie pending disposal of the above writ petition Counsel for the Petitioners: SRl. D RAMAKRISHNA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.32941 OF 2o24 ORDER: This writ petition is hled seeking to declare the order passed by respondent No.2 vide proceedings No.Dll3a23l2023 dated 06. 1 1.2024 rejecting the request of the petitioners for deletion of the name of respondent No.4 in the revenue records in respect of land admeasuring Ac.0.21 guntas in Survey No.437/A situated at Akkaram Village, Gajn'el Mandal, Siddipet District, as illegal and arbitrary and for other appropriate rcliefs' It is stated that initially the mother of the petitioners purchased agricultural land admeasuring Ac.O.21 guntas in Survey No.437 / A situated at Akkaram Village, Gajwcl Mandal, Siddipet District, by way of simple sale deed/sada bainama on
05.02.1993, which has been subsequently regularized and 13-B certiltcate vide proceedings No.B/ 1'a4/2017 dated 12.06 2018 and pattadar pass books were also issued in favour of [he petitioners' mother, who thereafter executed registered gift favour of the petitioners vide document deeds in Nos.3199/2022, 3197 12022 and 319812022 dated 26'll'2022 respectively and since then they are in possession of the said land. However, despite the same, respondent No.4 claiming to r *.44-..*7 ) have purchased the said land from the son ol the original pattadar vjde registered sale deed bearing Docllment No.1650/2O1.t dated 13.03.2014, got her name nrutated in the revenue recor <1s, which constrained thc petitioncrs to submit application diitecl 27.lO.2O23 on the file o[ respondent No.2 seeking deletion of thc name of respondent No.4 in the revenue records in respect of the subject land. The gricvance of the petitioners is that responde nt No.2 instezicl ol dcleting the name of respondent No.4 in the revenuc records, passed the impugned orcler vide proceedings No.Dl/3823/2O23 dated
06.11.2024 rejecting their claim and taking advantage of the same, respondent No.4 is trying to sell the subject land to third parties. Considered the submissions of learned counsel for the petitioners rrnd learned Assistant Governmenr pleader for Revenue appearing for respondent Nos.I to 3 ancl perused the record. Desr:ite serwice o[ notice, there is no representation for respondent No.4 nor at-ry counter affidavit is filed on her behalf. While the petitioners claim thaL their mothcr purchased the subject land from the original pattadar b1. rvay of sada bainama in regularised thc year 1993, the same has been sul;sequently in the 1.ear 2O 18 and their mother cxecuted "!-ffi 'l 3 registered gift deeds in their favour in the year 2022, respondent No.4 claims that she purchased the subject land way o[ registered sale deed dated 13.O3.2O14 from the son of the original pattadar. Thus, it appears there are serious disputes among the parties with regard to right, title and consequential entries in the revenue records, in respect of the subject property, u,hich are required to be adjudicated by the competent Civil Court in a properly insLituted civil suit. Therefore, this Court u,ithout expressing any opinion on the merits of the matter, deems it appropriate to dispose of the writ petition by relegating the petitioners to approach the competent Civil Court and seek appropriate relief lt is made clear that after obtaining declaration decree, if any, from the competent Civil Court, the pctitioners are at liberty to make an appropriate application for amendment of record of rights and consequential issuance of pattadar pass books in their favour' The writ petition is accordingly disposed of. Pending mi.scellaneous applica tions, if any, shall stand closed. Thcre shall be no order as to costs. //TRUE COPY// SD/.K.BHAVANI SWAMY ASSISTANT REGISTRAR V SECTION OFFICER To, 1 The Principal Secretary Revenue Department, Dr' B R Ambedkar Telangana Secretariat, HYderabad.
2. The District Collector and District Magistrate, Siddipet District ''
3. The Tahsildar, Gajwel Mandal, Siddipet District. 4. One CC to SRl. D RAMAKRISHNA Advocate IOPUCI 5. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana touTl
6. Two CD Copies KKS/BSK \+ ;t HIGH COURT DATED:2410312025 \ \ i t ,rt Si ( () .J * 1 1 JUL 2025 z i,ATC I'r :o * ORDER WP.No.32941 of 2024 DISPOSING THE WRIT PETITION WITHOUT COSTS a*dtlo F'-*