Telangana High Court
WP/27708/2005 of G.Murali Vs The District Collector, on 28 December 2005
SRI JUSTICE V.V.S.RAO WRIT PETITION NO.27708 OF 2005 DATED:28.12.2005 Between: G.Murali and others …Petitioners And The District Collector, Ranga Reddy District, Hyderabad, and another …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION NO.27708 OF 2005
WRIT PETITION NO.27708 OF 2005
DATED:28.12.2005
Between:G.Murali and others
And
The District Collector, Ranga Reddy District,Hyderabad, and another …Petitioners …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
WRIT PETITION NO.27708 OF 2005
The petitioners, who are eight in number, claim to be successors in title of oneGowraiah, who was a protected tenant in respect of the land admeasuring Ac.13.21gts. in S.Nos.47 (old S.No.43), 45/A, 45/AA (old S.No.44/1), and 87/AA (old S.No.68)situated at Old Bowenpally Village, Balanagar Mandal. Gowraiah died in 1982.Thereafter, the petitioners filed an application purportedly under Section 40 of theA.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short, theTenancy Act) seeking succession certificate. The Mandal Revenue Officer byproceedings dt.7.1.2004 granted succession certificate. At that stage, the petitionerscame to know that various third parties claiming to be pattadars of the land fileddeclarations before the authorities under Urban Land (Ceiling and Regulation) Act, 1976 (for short, the ULC Act) and by playing fraud claimed rights without evenmaking the petitioners or their predecessors a party. Therefore, the petitioners filedthe present Writ Petition seeking a direction to the respondents, namely, DistrictCollector, Ranga Reddy District and Government of Andhra Pradesh in RevenueDepartment to conduct enquiry into the appropriation of land in S.No.87/AA etc.,allegedly belong to the petitioners.
Heard the learned counsel for the petitioners and the learned Assistant GovernmentPleader for Revenue (General).
Even according to the petitioners though Gowraiah died in 1982 they filedapplication under Section 40 of the Tenancy Act on 17.10.1997 (As seen from theproceedings of the Mandal Revenue Officer) for succession certificate. The ULC Actcame into force in State of Andhra Pradesh with effect from 17.2.1975 and in allprobability those persons who claimed the land got the land declared to be theirholding and these proceedings have become final. The claim of the petitionerstherefore cannot be adjudicated in Writ Petition especially when no adversedecision of the Government or public authority is challenged. The grievance of thepetitioners that their representations dt.15.7.2005 and 29.11.2005 made to the firstrespondent remain unattended to cannot be given much importance especially thequestion raised is one of title. In this background, it would be better if the petitionersagitate for their rights in common law court by filing civil suit for declaration of title. Inthis Writ Petition no relief can be granted.
The Writ Petition with the above observations is accordingly dismissed.
_______________
(V.V.S.RAO, J)28.12.2005
bnr