ANUMULA LAXMI v. Department, Secretariat, Hyderabad

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may b.e pleased to pass an order, direction or writ more particularly one in the nature of writ of mandamus declaring the action of the Respondents more particularly the Respondent No.4 in issuing Memo, Dated 17.10.2023 in Rc. No.B 1133712023 wherein he contended that the Respondent Nos.5 and 6 are in possesston ove[ the Land Admeasuring Ac.1 .20 Gts in Sy.No.1461213, situated at Durshed Village, Karimnagar Rural Mandal, Karimnagar District belongs to Petitioner without issuing any notice and without calling any explanation from the Petitioner as illegal, arbitrary and against to the principles of natural justice and consequently to set-aside the Memo, Dated 1 7.10-2023 in Rc.No-B/133712023 issued by the Respondent lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the ,) cumstances stated in the affidavit filed in support of the petition, the High Cou- may be pleased to SUSPEND the ll4emo Dated 17.10.2023 in Rc.No.B/1331t.,023 issued by the Respondent No.4 lA NO: 'f OF 2025 Between: 1 2 It.ryF Adi Reddy, S/o Gatraiah Aged 57 years, Occ I gricututre, R/o H.No 3-7112 Gopalapuram, Karimnagar Mandal arid Diskict. Anumula Vejriah .@ Y"_"rg Reddy S/o Gattaiah, t ged 54 years, Occ Agriculutre , R/o H.No. 3-7112 Gopalapuram, Karimnagz r ahd District. "lr,4andal AND .1 . Anumula Housewife .....PETITIONERS/RI: ;PONDENT No. 5&6 Laxmi, W/o Anumula Narsaiah, Aged ab rut 57 years, Occ. , R/o H.No.3-71l1, Gopalapuram, Karii-rnaga, ,4andal aird District. Department, Secretariat, Hyderabad. ..RESPONDEII''M/RIT PETITIONER 2 THE STATE OF TELANGANA, Rep by its principat Secretary, Revenue 3 THE DISTRICT REGTSTRAR, Karimnaoar District. 4 fHE REVENUE DIVISIONAL OFFICER, Karimnagar )ivision, Karimnagar 5. THE TAHSILDAR, Karimnagar Rural Mandal, Karimnag: r District. District. ...RESPONDtiI ITS/RESPONDENTS Petition under section 151 cpc praying that in the cir( Jmstances stated in the affidavit filed in support of the petition, the High cour may be preased to vacate the lnterim order dated 29.12.2023 passed in w.p. r o. 3s030 of zo23 by dismissing the above writ petition with exemplary costs in th{ interest of justice Counsel for the Petitioner: SRl. B. SHESHU KUMAR Counsel forthe Respondent Nos. 1to4: SRI L. RAVINDER, \GpFORREVENUE Counsel for the Respondent Nos.5&6:SRl p.V. KRISHNAI ACHARY The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI) THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.35O3O of 2023 DATE OF ORDER: o,4.12.2o.25 Between: Anumula Laxmi AND ...Petitioner The State ofTelangana, reP. bY its Principal Secretary, Revenue Department, Secretariat, Hyderabad and Five others ...Respondents ORDER: Aggrieved by the action of respondent No.4 in issuing memo uide Rc.No.B/1337/2023, dated 17.1O.2023, the present writ petition is filed. A consequential prayer is sought to set aside the said memo issued by respondent No.4.

2. Heard learned counsel for the petitioner, Mr. L'Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 4 and learned counsei for unofficial respondent Nos.5 and 6' 2

3. Learned counsel for the petitioner submitted tL.i.t the petitioner filed a suit way back in the year 1993 uide O.S.No. t 153 of 1993 for declaration on the lile of learned Principal Dist ict Munsiff at Karimnagar. The said suit has been clecreed in favor rf the petitioner, though the defendant has been called as absent by tlrr said Court uide its judgment dated 2 1.12.1994 stating that the petitic ner is the owner and possessor of the suit scheduie property adme asuring Ac. 1-20 guntas in Survey- No.146 situated at Durshed Vill rge, Karimnagar Mandal and District. It is further submitted that t r : petitioner is in continuous possession and has been enjoying the p - rperty since then and the name of the petitioner is also reflected in tht revenue records under Dharani Portal. That being the case, on the 61r rplication filed by respondent Nos.5 and 6 in Prajavani t ide application No.KA065/E 12023 lOOOSI , dated 13.03.2023, the respondent No.4 issued the impugned memo uide Rc.No.B/ l)37 12O2, dated 17 .1O .2023. In the impugned proceedings, thou 3 r the application filed by respondent Nos.5 and 6 got rejected, art en: rrsement is made by the ofhcial respondent No.4 that the ancestot r of the unofficial respondents purchased the subject property and eut under cultivation. It is lurther stated thal t he said property got b1 the arcestors of unofficial respondents was executed through a sac a sale deed. It is further stated in the impugned proceedings that tL.r petitioner's name is recorded as pattadar in respect of land admeasur ng Ac.l-20 guntas 3 in Survey No.V6 l2/3. The said observations of respondent No 4 in the impugned memo is completely perverse and prayed to set aside the sarne. Learned Assistant Government Pleader for Revenue submitted 4 . that on the application made by the unofficial respondents, the field enquiry is conducted and the factual position has been referred in the said order by respondent No.4. It is also an admitted fact that the narne of the petitioner is being reflected in the revenue records till recently and hence no perversity can be inferred on the impugned memo.Ithasbeenadmittedthatthenameofthepetitioneris reflected in the pattedar column in respect of the subject property'

5. Learned counsel for unofficial respondents submitted that the saidimpugnedmemoisinfavorofthepetitionerhereinandcannot saidtohavebeeneffectedwiththesaidproceedingsandfurther submitted that this writ petition is fiied under complete misconception and prayed to dismiss the writ petition'

6. This Court, having heard learned counsel for the petitioner' learned counsel for unofficial respondents and iearned Assistant Government Pleader for Revenue and on perusing the impugned memo, is of the opinion that the application made by the unofficial respondentsoughttohavebeenexaminedinentirety,whetheritis falling for consideration or not and making observations in favor of the 4 unofficial respondents and stating that the petitioner''; narne has been entered in the pattadar column in the said proper t .. is nothing but making out a ground for unoflicial respondents to nake out a case and the said memo issued by respondent Nc . I is completely ambiguous and would amount to perversity.

7. Accordingly, this Court deems it appropriat€ to set aside the impugned memo issued by respondent No.4 and c[ rect him to pass appropriate orders strictly as per the procedure cct templated under law and also deems it appropriate to direct the pe rties to this writ petition to approach the competent Civil Court ,,, work out their remedies available under lau,.

8. With the above observations, this writ petitic n is disposed of. There sha1l be no order as to costs. As a sequel thereto, miscellaneous applicatior s if any pending, in this petition, shall stald closed. //TRUE COPY// SC/ M. OSMAN ALI BAIG IS PTANT REGISTRAR ry, \ SECTION OFFICER t To, 1 THE Princioal Secretary, Revenue Department,.becrr'' rriat' Hyderabad' District. "{EnENUE'oIVisror.iAl orrtCEn, Karimhali' Division, Karimnasar 2 THE DISTRICT REGISTRAR, Karimn-agar urstrrc\ 5. +i]E +. iiie'iAusr|-DAR, Karimnagar Rural Mandal' Karimr: gar District' E il; id'i; sCr ri sHeS*U KUMAR, Advocate loF t cr 6. Two ccs to GP FoR n'eVeil-ug;i1gh b;-;tt i"; t e 'state of relangan at ? o;;-aCi;SRt i'v rntsuruAN,'lACHARY,Advocate oPUCI 8. Two CD CoPies Hvderabad [OUT] BM GJP lq\-.- '),- HIGH COURT DATED:0411212025 :5 14 o ,t- t 'l I ,'l 1 1,7f t :$E CTC\ ORDER WP.No.35030 of 2023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \l ) 1\ ab \b