The High Court · 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fi ed in support of the petition, the High Court may be pleased to suspend the Proceedings No. F/6606/20'1 5 daled 22- 09-2015 of the 3rd respondent in respect of Survey No. 356 admeasuring Lc. 2-00 guntas each of petitioners No. I to 3 situated at Pregnapur Village, (iazwel lt4andal, I\,4edak District pendin3 disposal of the Writ Petition. Counsel for tl" e Petitioner : SRI K.GOVIND Counsel for tl'e Respondents: ASST.GP FOR REVENUE The Court marle the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRJT PETITION No.39O36 of 2O15 ORDER: Heard learned counsel for the petitioners and Sri.H.Rakesh Kumar, learned Assistant Government Pleader for Revenue appearing for respondent Nos. I lo 4. With their consent, this writ petition is taken up for disposal.

2. This writ petition is filed seeking following prayer: "to declare the action of the respondents in issuing Proceedings No.F/ 6606/ 2O15 dqted 22.09.2015 as arbitrary, illegal, ulithout juisdiction and utolation of Article 14, 19 and 300 A of the Constitution of India and uiolatiue of Principles of Natural Justice consequentlg direct the respondent not to interfere tuith the possession of the petitioner in respect of Surueg No.356 admeasurtng Ac.-2-O0 guntas of each of the petitioners -l[os. 7 to 3 of Pregnapur Village, Gazwel Mandal, Medak District. "

3. Brief facts in this writ petition are that the petitioners claims to be owners and possessors of land bearing Sy.No.356 admeasuring Ac.6-00 gts., of Pregnapur Village, Gazwel Mandal, Medak District. The father of petitioner purchased the said land from one Fathe Mohammed by way of simple sale deed. After the demise of petitioners' father, petitioners were in possession of Ac.2-00 gts each. The petitioners' further case is that the respondent No.3 issued impugned notices bearing g x 2 Proc.No.F,'660612015 dated 22.O9.2015, wherein it is stated that the respondent No.4 in the report dated 31.CrB.2Ol5, informed that the Collector (S&LRs), Medak District at Sa.ngareddy uidefile bearing Nc.C3l995/1989 dated 73.12.1997, informed that the land in S1'.No.356, situated at Pregnapur village is Government lald. Aggrieved by the same, this writ petition isr filed

4. Lear red counsel for the petitioners subnrits that this writ petition is squarely covered by the order passe,l by this Court in W.P.No.31767 of 2015 and W.P.No.33224 of 2315, wherein this Court ha,l allor,r,ed the writ petitions by sretting aside the proceedinlls N o.F I 6606 / 20 1 5 dated 22.09.2O I l;, relevant portion of the ordr,rs are extracted hereunder:- Order dated O5.O3.2O2O passed in W.P.No.31767 o:LZO15: "Bcth the courusel state that tle lts in the' wit petition is s quarelg couered by the judgment of Joint Collector, Rantga Reddg District u. D.Narsing Rao ( (2O15) 3 Supreme Court Cases 695). In uiew of the aboue submissions, the impugned order is set aside. Accordinglg, the u.tit petitton is aliotued to the extent indicated aboue. No order as lo costs. As a sequel, miscellaneous applications peru7ing, if ang, shc.ll stand closed." Orcler dated 18.03.2021 in W.P.Nb.33224 o 20.15: "Moreouer, this Court, uthile dealing uith similar issue in'M.P. Nos. 24716 of 2OO3 and batch, uherein the { i J Joint Collector had, afier lapse of 48 gears, exerci.sed tLe suo matu pou-ters under Section 9 of tlrc A.P. Rights in Land andpattadar pass Books Ac| 1971, set aside the impugned proceedings tlerein holding that the 7"t respondent (Joint Collector) cannot initiate proceedings under Section 9 of the Act afier long lapse of 48 years and unsettle the settle things, which became final. Further, bg order, dated O5.03.2O20 this Court has alreadg alloued W.P.No.31767 of 2015, filed by certain indiuiduals, u.thich emanated from the uery same order, uhich is impugned in th.e present writ petition. In ttnt uieu of the matter and for the reasons recorded aboue, the impugned proceedings, as against th.e petitioners herein, are liable to be set aside. Accordinglg, tLrc writ petition is allotued settirLg aside the impugned orders to the ertent of the petitioners herein. Miscellaneous petitions pending, if ang, shall starud closed. No order as to costs. "

5. Learned counsel for the petitioners pray this Court to pass similar orders as passed in W.P.No.31767 of 2015 dated

05.03.2020 and W.P.No.33224 of 2015 dated lA.O3.2O2l.

6. Learned Assistant Government Pleader appearing for respondents did not dispute the same 7 . Recording the above submissions and in terms of the orders passed by this Court in W.P.No.31767 of 2Ol5 dated 05.03.2020 and W.P.No.33224 of 2015 dated 18.03.2021, tL,is writ petition is allowed by setting aside the impugned proceedings bearing No.F/6606/2015 dated 22.O9.2015 and the respondent amthorities are directed not to interfere with the possession of the 4 petitionerr; in respect of the subject property wit.hout lollowing due procedure as contemplated under law \::..:.:,i,.};;. *:h \.-_._* '\f{ \

8. Accordingly, this writ petition is allowed. Miscellaleous applications, if any pending, shall stand closecl. No order as to costs. That Rule Nisi has been made absolute ars above. Witness THE HON'BLE THE ACTING CHIEF JUSTICE SITJAY PAUL, on this Tuesday, The Twenty Fourth Day Of June Two Thousand And Twenty Five //TRUE COPY// SD/. M.NAGAMANI A.SSISTANT RE ISTRAR SECTI FFICER To, 1 2 3 4 5 6 7 The Prircipal Secretary Revenue Department, Telangana Secretariat, State of Telangirna. Hyderabad. The District Collector, t\/edak District at Sangareddy. The Revenue Divisional Officer Siddipet, Medak District. The Ta rsildar, Gazwel [\,4andal, Medak District. One CO to SRI K.GOVIND, Advocate. [OPUC] Two COs to GP FOR REVENUE, High Court for the State of Telangana. Two C[) Copies. 0 BSK TKS I I l 10 stP 206 ' .':,:'4,,- ., i HIGH COIJRT DATED:2,110612025 ORDER WP.No.39036 of 2015 ALLOWING THE WRIT PETITION WITHOUT COSTS ?A