Telangana High Court
WP/36826/2024 of Kancharla Shekaraiah Vs The State of Telangana on 31 December 2024
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWo THoUSAND AND TWENTY FoUR PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY T'VRIT PETITION NO:3682 6 0F 2024 Between: AND 1 Kancharla Shekaraigh, S/o. Shivalingam,
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWo THoUSAND AND TWENTY FoUR
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDYT'VRIT PETITION NO:36826 0F 2024
Between:
Kancharla Shekaraigh, S/o. Shivalingam, Age. 69 years, Occ. Agriculture,Rl/o. Hanamkonda Village and Manda[ Haharikonda Dist.Rl/o. Hanamkonda Village and Manda[ Haharikonda Dist.
...PETITIONER
AND
1The State of _Tglqqgala, Rep by its Principat Secretary, Revehue Dept.,Secretariat at B.R.K.R. Bhavan, Hfderabad.Secretariat at B.R.K.R. Bhavan, Hfderabad.2The Dist. Collector, Hanamkonda Dist.3Revenue Divisional Officer, Hanamkonda Mandal and Dist.4Tahsildar, HanamkondaMandal and Dist.5Sribadri Ramaswamy, -S/o. Late S. Mallaiah .Aged about 66 years, Occ.Agriculture, - _Rl/o. 3-14-543, KU Road, [- ]Hanamkond6 Village,H a na mkonda Mandal and Dist.3Revenue Divisional Officer, Hanamkonda Mandal and Dist.4Tahsildar, HanamkondaMandal and Dist.5Sribadri Ramaswamy, -S/o. Late S. Mallaiah .Aged about 66 years, Occ.Agriculture, - _Rl/o. 3-14-543, KU Road, [- ]Hanamkond6 Village,H a na mkonda Mandal and Dist.
...RESPONDENTS
Petition under Article 226 ot the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a Writ, Order or Direction, more particularly one in the nature ofWrit of Mandamus declaring the action of the Dist. Collector Hanumakonda inpassing order vide Prodgs.no.D4l157112024, d1.25.10.2024 without examiningthe simple sale deed, water and land tax receipts furnished by the petitioner andnot rectifying the revenue records despite there being categorical submissionmade by the unofficial respondent as illegal, arbihary and in violation to Article2'l and 3004 of the Constitution of lndia and consequenfly to direct the officialrespondents to rectify the revenue records by deleting the name of the unofficialrespondent and record the name of the petitioner as pattadar and issue patta pass book to the petitioner for the land admeasuring Ac.0.33 Gts in sy.no.399/8situated at Hanamkonda Village and Manclal, Hanamkonda District.land admeasuring Ac.0.33 Gts in sy.no.399/8situated at Hanamkonda Village and Manclal, Hanamkonda District.
lA NO: 1 OF 2024
Petition under Section 151 CpC praying that in the circumstances statedin the affidavit filed in support of the petition, the High court may be pleased todirect the respondents to maintain status quo with regard to revenue entries,pending disposal of the main Writ petition.
Counsel for the Petitioner: SRI ABDUL AZAM KHAN
Counsel forthe Respondent No.1 to 4: AGp FOR REVENUEThe Court made the following: OROER
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Al
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No. 36826 of2O24
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ORDER
This Writ Petition is filed praying this Court to declare theaction of the Dist Collector, Hanumakonda in passing order uideProceedings No.Da/ l57I /2024, dated 25.1O.2024 withoutexamining the simple sale deed, water and land tax receiptsProceedings No.Da/ l57I /2024, dated 25.1O.2024 withoutexamining the simple sale deed, water and land tax receiptsfurnished by the petitioner and not rectifying the revenuerecords despite there being categorical submission made by therecords despite there being categorical submission made by theunofficial respondent as illegal, arbitrary and in violation toArticle 2l and 3O0A of the Constitution of India andconsequently to direct the ofhcial respondents to rectify therevenue records by deleting the name of the unofficialArticle 2l and 3O0A of the Constitution of India andconsequently to direct the ofhcial respondents to rectify therevenue records by deleting the name of the unofficialrespondent and record the name of the petitioner as pattadarand issue Patta pass book to the petitioner for the landadmeasuring Ac.O.33 guntas in Sy.No.399/B situated atHanamkonda Village and Mandal, Hanamkonda District andfor other appropriate reliefs.and issue Patta pass book to the petitioner for the landadmeasuring Ac.O.33 guntas in Sy.No.399/B situated atHanamkonda Village and Mandal, Hanamkonda District andfor other appropriate reliefs.
2. [t is stated that the petitioner is the owner and possessorof the land admeasuring Ac.0.O8 % guntas in Sy.No.395/B andAc.0.33 guntas in Sy.No.399/B situated at HanamkondaVillage, Mandal and District, having purchased the same under CVBR, Jwp_36826 2024
sadabainama, clated l2.Og.l99l and he was in possession oflhe same br.. cultivating the same, but inadvertently the name oflhe same br.. cultivating the same, but inadvertently the name ofBadri Ramasw:lmy was mentioned in the revenue record andpattadar passbook n as :rlso issued to him. Therefore, thepattadar passbook n as :rlso issued to him. Therefore, thepetitioner sut)mitted a rcpresentation, dated 12.O2.2024 torectify the sa icl u,rong entry and r,r,hen the same was notrectify the sa icl u,rong entry and r,r,hen the same was notconsidered by the respondents, he was constrained to hleW.P.No.15624 of 2024 before this Court. Vide order, dated21.06.2024, this Court clisposed of the said writ petitiondirecting rcspondent No.2-the District Collector to consider thedirecting rcspondent No.2-the District Collector to consider therepresentation. dated 12.O2.2024 submitted b-y the petitionerand pass appropriate ordcrs in accordance with law by puttingthe petitioner zrnd all cliected persons on notice and ifrespondcnt No.2 is not inclined to acccpt the rcquest made bythe pctitioner, he sl'rall assign specific reasons and pass aand pass appropriate ordcrs in accordance with law by puttingthe petitioner zrnd all cliected persons on notice and ifrespondcnt No.2 is not inclined to acccpt the rcquest made bythe pctitioner, he sl'rall assign specific reasons and pass areasoned order, communicate the same to the petitionr:r withina period of eight (08) wecks from the date of receipt of copy ofthat order. [1 is furthcr submittcd, in compliance with thea period of eight (08) wecks from the date of receipt of copy ofthat order. [1 is furthcr submittcd, in compliance with theordcrs of this Court, respondent No.2 passed the impugnedorder stattng that the matter is civil in nature and thepetitioner was advised to approach the civil Court to adjudicateorder stattng that the matter is civil in nature and thepetitioner was advised to approach the civil Court to adjudicate \
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CVBR, JWp_36826_2024
the title over [the ]subject [propert5z. ]Aggrieved by the same, thepresenL writ petition came to be filed.
3. Considered the submissions of the learned counsel for therespective parties and with their consent, this writ petition isdisposed of at the admission stage.
4. A careful examination of the impugned order would revealthat the Tahsildar, Hanamkonda, has submitted a report statingthat on [verification ]of the records for the year 2OOT -2OO8,. thepetitioner's name has been appearing in occupant column andthe petitioner failed to submit any documents to prove themethod of acquiring the subject land and even payment of watertax made in the past. Basing on the report submitted by theTahsildar, after affording opportunity of hearing and afterexamining the records available, the District Collector foundthat the petitioner has failed to prove his title based on thedocuments and [passed ]the impugned order, concluding that theissues are required to be agitated before the competent civilCourt and advised the petitioner to approach the civil Court toadjudicate his title. Since [respondent ]No.2 has passed areasoned order by apptying his mind, this Court is of theopinion that there is no illegality or inhrmity in the impugned , I
CVBR. JWp 36826-2024
order warrant ing in terference of this Court, more p:rrticularlythe issues relating to the titte, possession and inter-sc disputesermong the 1-rersons, who are claiming the rights over theproperty.
5. Accordingly, this Writ petition is dismissed. However,liberty is grven to the petitioner to agitate his grievances byinstitutir-rg appropriate suit seeking to declare him as owner ofthe subjcct property. In the event of any dccree has beengranted in lavour of the pctitioner, the respondent autho'ritiesare directed to incorl)orate his name in Lhe revenue records [and]consequently, issue pattadar passbook in his favour, [in]accordance wil l-r lau,.
6. As a sequel, Lhc miscellaneous [petitions ]ltending, if any,shall stand closcd. No costs SD,. [A.][SRIN][NAS][AR][EDDY]TN[TRE][GIST][RAR]ASS
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Advocate [tOPUCl]f Telangana [at]igh [Court ][for the ][State ][o]
HIGH COURT
DATED: 3111212024
ORDERWP.No.36826 of 2024
DISMISSING THE WRIT PETITION,
WITHOUT COSTS(+
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