1. T.Ravi Kumar v. The State of Telangana
Case Details
Acts & Sections
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 an appropriate writ, order or direction more particularly one in the nature of wRlT oF MANDAMUS declaring the inaction of the respondents 2 to 3 who is not able to consider representation dated 14-10-2024,15-10-2024 and 17' 1O-2O24 dtspose according to the law is illegal arbitrary u n co n stitutional violation of natural lustice hit by article 19 & 21 of constitution of lndia coNSEQUENTLY direct the respondents No.2 to 4 mainly the 3rd and 4th respondents to dispose of the representation dated. 14-10-2024, 15-10'2024 and 17 -10-2024 made by the petitioners according to the law for restore the name of Late Pandu Ranaga Rao or his L.Rs. i.e. the petitioners and their mother as they being only the L R.s of Late Pandu Ranaga Rao for the bearing H. No H No 5-104, Madhira Town and Mandal of Khammam District. lA NO: 1 OF 2024 Petitron under Section 151 CPC praying that in the crrcumstances stated in the affidavit filed in support of the petition. the High court rnay be pleased to drrect the respondents No 2 to 4 mainly the 3rd and 4th responclents to drspose of the representation dated 14 10 2024, 15 10-2024 and 17 -, A-2024 made by the petitioners according to the law for restore the name of Late Pandu llanaga Rao or his L Rs. i.e the petitioners and their mother as they being only the L.R.s of Late Pandu Ranaga Rao for the bearing H. No. H.No 5 'l 14, Itrladhrra Town & It/andal of Khammanr District pending disposal of the above vi rlt petrtion Counsel for the Petitioners: SRI GUNDLAPALLI V S S SRIJTHI Counsel for the Respondent No.1: GP FOR MCPL ADMN & URBAN DEV Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent Nos.3 & 4: SRI PUTTA KRISI-INA REDDY' SC FOR Counsel for the Respondent No.5: SRI KADARU PRABHAKAR RAO MPCL The Court made the following: ORDER THF] HONOT]RABLE SRI JUSTICE B. VI.IAYSEN REDDY WRIT PETITION No.33705 OF 2024 ORDER 't'his ,"vrit petition is filed by the petitioners seeking to declare the action of respondent Nos.2 and 3 in not considering thcil rcpreserrtations dated 1 4. | 0.2024, I 5. I 0.2024 and | 7'l 0'202'4 lbr restoring tlrc name of their tather, Mr. Late Pandu Ranga Rao or his legal heirs i.c., the petitioners or thcir mother in rcspect of thc propefty bearing H.No.5-104 situated at Madhira 'lirwn and Mandal. Khatutnatn District, as being illcgal, arbitrary'
2. Hcard Mr. G.V.S.S. Sruthi, learned counsel lbr the petitioncrs, Mr'. Putta Krishna Reddy, learned standing cotrnsel for the Municipatitics, appearing for respondent Nos'i and 4, and Mr'. Kadar-tr Prabhakar Rao, learnd counsel lbr respondent No'5'
3. It is subntitted that father of the petitioners, late Mr' l'andu llarrga Rao, is the owner of the property bearing H No'5-104 situatcd at Madhira Torvn and Mandal, Kharnmam District lt was his self acquired property, and electricity and property tax bills wcre tegularly paid by him during his lit'etirne l'he father of the - I I' \r, -llrOj ,,1l0ll I )irl.d l().08.1():l pctitioners died on 30.01.2008 leaving behind thcil nrothcr', Mrs. Annapot)rna. and threc sorrs as his legal h.'irs. [{csporrdcnt No.5 is n(r \\ ay concemcd rvith thc sub.iect prof ci1\ . I)clitioncrs recently canrc to kr-rorv that responclent No.3 chartr.ed lltc nante ol' ownership in the rnr.rnicipaI records in respec: ol' thc sr.Lb.lcct property and cntcled thc uarne of respondent No.5. n ithout" any valid documcnts. by renroving the name of thc. lirther of the- petitioners
4. It is submitted that in that corlnection. the pelitioners rnade representali()ns dated l4.l(1.2024, 15.10.2024 and 17. 10.2014 to respondent Nos.l and.i fbr rernoving the name ot rtsponclcnt No.5 and for entcrirrg the narne ol- his l-ather or his legal ire irs. Horvevcr, under the inlluence ol- respondent No.5 who has tolitical support. rcspondent Nos.3 and :l arc r.rot taking any action. as such. thcr alc constraincd to approach this Clourt
5. Responclent No.5 fllcd counter affidavit opposing thc u.rit petition and contended that latc Mr. Pandu Rirnqa l{ao is his brother. 1'hc petitioners dcveloped greed to grab ir\vav the subject t rr:i,iig|. i ?4 , -----r,, J W.P. No.33705 ot2024 Dated 26.08.2015 property which belongs to respondent No 5' Respondent No'5 purchased plopefty bearing H'No'5-104 (old No'5-103) admeasurit.tg 3'10 squarc yards consisting RCC building rvith two '['own and Distlict' (2) porrions situated at Station Road, Madhira Il'onr its crstu'hile owners by naue, Mr' Sarninerri Yogananda Rao' Mr. Sarnirreni Se'shagiri Rao and Mr' Samineni Krishna Murthy' urrder rcgistered sale deed bearing document No'2426 ol 1974 clated]T.08.lgT4.ThethenMadhiraGratnPanchayatmutated narne of lcspondent No'5 in the Gram Panchayat records' Respondcnt No.5 permitted his brother late Mr' I'andu Ranga Rao to residc in one of the portions of the above property owing to ecotrotnic con<litions. L,ikewise, he has also permitted his elder brothel sotr. Mr. T. Nagesh Babu, to reside in atlother portion of the house. By taking undue advantage ol' their residence' the petitioners obtained the property tax bills on their narnes bchind the back of respondent No.5. The petitionels do not have any right ovcr thc subjcct propefty, and without vacating the prernises they are causiug huldles to respondent No'5 ' 4 \\ P. No. rl7(15 ,,1 l0l4 Datcd 16.08.101i
6. l-carnecl standing counse l fbr respondcrrt Nos- ] and -l submittcd that ihc dispute bctu,een thc petiLionc ancl rcsporrdeut No.5 is cir il in nature irr vie rv of thc rival clainrs rnadc bv thcnt in respect of thc titlc and possession o\rer the .,ubject propcrl_\ Hence. both the parties rnal bc relegated to thc (-'ivilCourt. 7 . I lou.evcr, taking into thc t-ac t that thc ltetiticncrs .u'e srl)/ing in the ponion of- thc subjcct propefty, without \lnterins inlo the merits ol the case, the rvrit petition IS disposed o1. dilccting respondent Nos.3 and 4 to consider the rcpresent-ation o1' the petitioners dated 14. 10.2024, 15.10.2024 and 17.10.2024 tbr entering thc nar.ne ol- the lhther of the petitioners ,l his lc.gal heirs t.e the petitioncrs Ill respect ofthe properti' bearing IJ.No.5-104 situated at Madhira l-own and Mandal, Khanrnrarn I)istrict, by issuing notice to the petitioners, rcspondcnt No 5 and all other concemed/interestcd persons, and pass ordcrs, in accordancc u,itlr law, by atfirrding opporlunitv of hearing to [lrenr. u.irhin a 1;er.iod ot slx (6) u,ecks liorn the date of receipt of'a cofv of this order There shall be no ordcr as to costs ) W P. No.i3705 o12024 Dated 26 08.1025 As a sequel theleto, miscellaneous applications, if any, pendinq. in the writ petition stand closed. D/.B. REKHA RANI ANT REGISTRAR s TION OFFICER t Hyderabad, State //TRUE COPY//
1. The Principal Secretary lVlunicipal Department Secretar ) 3 4 of Telangana The Drstirct Collector, Khammam Drstrict At Khammam rrre commlssioner of Madhira Municipality, At Madhira of Khammam District The Town olanninq Officer, I\iladhira trlunidipality, tVladhira, Khamam District onL cb to'SRt cJruorAPALLl v s s sRUTHl,'Advocate [oPUC] iwo CCs to GP FOR MCPL ADMN & URBAN DEV, Hrgh Court for the State of Telangana. at Hyderabad. IOUTI o"" CCio snr putrn KRtsl-iNA droov, sc FoR MPCL IoPUC] One CC to SRI KADARU PRABHAKAR RAO, Advocate [OPUC] Two CD Copies To 6 7 8 9 I'S K. E HIGH COURT DATED:26 t0812025 ORDER WP.No.33705 of 2024 3r) EtT g i,':. ':' ,J D i .11n. , :/' DISPOSING OF THE WRIT PETITION WITHOUT COSTS J a,\ .v