Telangana High Court
WP/46588/2022 of K.Yadaiah Vs The State of Telangana on 30 December 2022
THE STATE OF TELANGANA ,.- AT HYDERABAD ,.. (Slecial Original Jurisdiction),- FRIDAY, THE THIRTIETH DAY OF DECEMBER ' TWO THOUSAND AND TWENTY TWO - PRESENT THE HONOURABI,E SRI JUSTICE K.LAKSHMAN .- WRIT PETITION NO: 16588 OF 2022 [3168 | ...PETTTTONER(S) -.'' Between: ANI) IA NO: I OF 202 2
HIGH COURT FOR THE STATE OF TELANGANA ,.-AT HYDERABAD ,..(Slecial Original Jurisdiction),-FRIDAY,THE THIRTIETH DAY OF DECEMBER [']TWO THOUSAND AND TWENTY TWO -PRESENT
THE HONOURABI,E SRI JUSTICE K.LAKSHMAN [.-]WRIT PETITION NO: 16588 OF 2022
Between:
K.Yadaiah, S/o.Late K.Bhoomaiah, R/o.H.No.6-5-g/23, Kamman Gadd4 Near RaoMontesary School, Sangeetha Nagar, Medchal - Malkajgiri District 50007j.Montesary School, Sangeetha Nagar, Medchal - Malkajgiri District 50007j.2K.Susheela @ Bangaru Susheela, p/9.-Lqt9 K.Bhoomaiah, Wo.Late Bangaru Ramu,3-Cqd [u!gut__ ][58 ][years. ][R/o ][Il.No.62-6-2/t0/2, ][yivek' ][Nagar, ][Metla"-D"d;;,]Kukatpally, Hyderabad - 5000j2.3-Cqd [u!gut__ ][58 ][years. ][R/o ][Il.No.62-6-2/t0/2, ][yivek' ][Nagar, ][Metla"-D"d;;,]Kukatpally, Hyderabad - 5000j2.
...PETTTTONER(S) [-.'']
ANI)
l. The State o-f Telangana, Itep. by its principal Secretary, Revenue Department,Secretariat, Hyderahad.Secretariat, Hyderahad.
2. The Addl. Collector, Mcdchal Malkajgiri District at Keesara.
3. The Revenue Divisional officer, Keesara Division, Medchal Malkajgiri District.
4. Sri Naineni Dhanna Rao, S/o.Late Naineni Rama Rao.
5. Sri Naineni Srinivasa Rao @ I'ulasi Rao, S/o.Late Nainni Rama Rao.
6. sri Naineni Sakklbai, w/o.Narasinga Rao, D/o.Naineni Rama Rao, Respondents 3 to5 are Resident of H.No.5-4-7l5i3, Ramalayam Nagar, Kukatpally ritiugJ"rJ rra-a"iMedchal-Malkajgiri District.5 are Resident of H.No.5-4-7l5i3, Ramalayam Nagar, Kukatpally ritiugJ"rJ rra-a"iMedchal-Malkajgiri District.
,/ "'RESPONDENTS
Petition under Arricic 226 of the constitution of India praying that in thecircumstances stated in tlre alfidavit filed therewith, the High court may-be pleased toissue an order or dircction niore particularly one in the nature of writ of MaNDAMUSdeclaring the action of the 2nd respondent in not disposing the appeal dated 16.4.2021filed by the petitioners pertai,ing to issuance occupancy Rights certificate in theirfavour i.e., original le gal heirs of the Inamdars in view of tl.re full bench judgment of thisfavour i.e., original le gal heirs of the Inamdars in view of tl.re full bench judgment of thisHon'ble court dated 2l. t I.2022. as illegal. arbitrary and violative or ariicte t+ and 300-A of the Constitution of India and conseqtrently direct the 2nd respondent to forthwithA of the Constitution of India and conseqtrently direct the 2nd respondent to forthwithdispose of the appeal datcd 16.4.2021 filed by the petirioners herein IA NO: I OF 202
2
Petition under Section 151 cPC praying that in the circumstances stated in theaffidavit filed in support of the petition, the High court may be pleased to direct the 2nd I
respondent to [forthlvith ][dispose ][the ][appeal ]dated 16.4.2021 filed by the petitionerpertaining to issuance of Occupancy Rights Certificate to the Original Legal Heirs of theInamdars in [view ol' ][the ][Full ]Bench Judgment of this Hon'ble Court dated 21.11.2022,pending disposal of the above writ petition Counsel for the Petil ioner(s): SRL MOHD SUBHAN PASHA
Counscl for the Responrlents: AGP FOR REVIINUE
The Court mado the following: ORDER
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HON'BLE SRI JUSTICHE K. LAKSHMAN
WRIT PETITION No.46588 of 2022
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ORDER:
Heard Sri Mohd. Subhan Pasha, learned counselappearing for the petitioners and learned AssistantGovernment Pleader for Revenue appearing forrespondents. Perused the record.
In view of the nature of relief sought by thepetitioner herein, this Writ Petition is disposed of at theadmission stage dispensing with notices to respondentNos.4 to 6.
According to the petitioners, they have filed anappeal before respondent No.2, on 16-04-2021 . But thereis no mention about proceedings number, date or orderetc. It appears that it is a representation.Whereas learned Assistant Government Pleader forRevenue had produced endorsement vide Lr.No.F2/762 I
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2027, dated L2-O5-2O21 of respondent No.2, wherein, itis clearly mentioned that if the petitioners are aggrievedby the ORC issued by the Inam Tribuna-l, they have to fileappeal under Section 24 of A.p. (Telangana Area)Abolition of Inams Act, 1955 in proper form. Theaforesaid endorsement is placed on record.
In view of the same, this writ petition is disposed ofgranting liberty to the petitioners to file appropriateappeal under Section 24 of the Act before respondentNo.2. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any,pending in the Writ petition sha-ll stand closed.pending in the Writ petition sha-ll stand closed.
SD/-MOHD.SA NA ULLAH ANSARIASSTSTANT REGTSTftAR//rRUE copyt/
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EsECTroN oF,FICER
To,
' Il:*T:li' Secretarv' Revenue Department, Secretariat. state of Telangana,
2. lhe Addl. Collector, Medchal Malkajgiri District at Keesara.
3' ['l'he ]Revenue Divisional offrcer, Keesara Division, Medchal Malkajgiri District.offrcer, Keesara Division, Medchal Malkajgiri District.
4. One CC to SRL MOHD SUBFIAN pASHA Advocate [OpUC][OpUC]
[OpUC]5. Two CCs to AGp FOR REVENUE,High Court for the State of Telangana. [OUT]
6. Two CD Copies
HIGH COURT
KLJ
DAT'ED:3011212022
ORDERWP.No.46588 ol'2022
WP IS DISPOSED WITH NO COSTS
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