Telangana High Court
WP/36835/2024 of Chevella Siddaiah Vs The State of Telangana on 31 December 2024
HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 36835 OF 2024 Between: 1. Chevella Siddaiah, S/o Chevella Ailaiah,
HIGH COURT FOR THE STATE OF TELANGANAAT HYOERABAD(Special Original Jurisdiction)
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENTTHE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 36835 OF 2024
Between:
1. Chevella Siddaiah, S/o Chevella Ailaiah,Agedabout B0 years, OccAgriculture, F/o H.No.2-48, ltikyalapallyVillage,Bachannapet Mandal,Jangaon District, Telangana State2. Chevella Swamy, S/o Chevella Siddaiah,Agedabout 33 years, OccAgriculture, R/o H.No.2-48, ltikyalapallyVillage,Bachannapet Mandal,Jangaon District, Telangana State...PETITIONERS
AND
't. The State of Telangana, Rep by its Principal Secretary, Revenue Department,Secretariat, HyderabadSecretariat, Hyderabad
2. The Special Tribunal, Jangaon District
3. The District Collector, Jangaon District, Telangana State
4. The Additional Collector, Jangaon District, Telangana State5. The Tahsildar, Bachannapet Mandal, Jangaon District, Telangana State6. Ponna Ravi, S/o Ramulu, Aged about 40 years, Occ Agriculture, Rl/oAleempur Village, Bachannapet Mandal, Jangaon District, Telangana State5. The Tahsildar, Bachannapet Mandal, Jangaon District, Telangana State6. Ponna Ravi, S/o Ramulu, Aged about 40 years, Occ Agriculture, Rl/oAleempur Village, Bachannapet Mandal, Jangaon District, Telangana State7. Umentala Upender Reddy, S/o Narsi Reddy, Aged about 42 years, OccAgriculture, Rl/o Aleempur Village, Bachannapet Mandal, Jangaon District,Telangana StateAgriculture, Rl/o Aleempur Village, Bachannapet Mandal, Jangaon District,Telangana StateB. Ponna Balaiah, S/o Sailu, Aged about 53 years, Occ Agriculture, Rl/ oAleempur Village, Bachannapet Mandal, Jangaon District, Telangana StateAleempur Village, Bachannapet Mandal, Jangaon District, Telangana State9. Ponna Karunakar, S/o not know to the Petitioner, Aged about 54 years, OccAgriculture, R/o Aleempur Village, Bachannapet Mandal, Jangaon District,Telangana StateAgriculture, R/o Aleempur Village, Bachannapet Mandal, Jangaon District,Telangana State
l0.Chunchu Ailaiah, S/o Sailu, Aged about 48 years, Occ Agriculture, R/ oAleempur Village, Bachannapet Mandal, Jangaon District, Telangana StateAleempur Village, Bachannapet Mandal, Jangaon District, Telangana State11. Ponna Kanakaiah, S/o Yadaiah, Aged about 56 years, Occ Agriculture, Rl/ oAleempur Village, Bachannapet Mandal, Jangaon District, Telangana StateAleempur Village, Bachannapet Mandal, Jangaon District, Telangana State'12. Meka Beeraiah, S/o Mallaiah, Aged about 54 years, Occ Agriculture, Ry oAleempur Village, Bachannapet Mandal, Jangaon District, Telangana StateAleempur Village, Bachannapet Mandal, Jangaon District, Telangana State
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue Writ, Order or direction, or any other appropriate Order one in thenature a WRIT OF MANDAMUS, declaring the action of the Resaondent No.4 not implementing the enquiry report of the Respondent No.5 vide Rc. No.8/223612019dated 21 . 2.2024, knowing well that the unofficial Respondents have played fraudgot mutated over Sy.No.'147, 148, 149 which belongs to the petitioners, basing onthe fraudulent doc-aments by mentioning different survey numbers i.e.,Sy.No.68.147, 68.148, 68,149, totar extent nearry Ac.32- 00gts, which belongs toGovernment, ltikyalapally Village, Bachannapet Mandal, Jangaon District, withoutverifying the same passing the Order vide Rc. No.E314g6t2)21 in AppealNo.ll2378l201B dated 0i .o2.2021 by the Respondent No.2, as illegat, arbitrary andviolation of principles of natural justice consequenfly set aside the order videRc.No.E3/496/2021 in Appeat No.1/23r\t2o1| dated 01.02.202.1 passed by theRespondent No.2 by directing the Respondent No.4 to imprement the enquiryreport vide Rc.No.8/2236/2019 dated 21.12.2024 passed by the Respondent No.s.
lA NO: 1 OF 2024
lA NO: 1 OF 2024
Petition under section 1s1 cpc praying that in the circumstances stated inthe affidavit filed in support of the petition, the High court may be pleased to directthe Respondent No 4 to imprement the enquiry report vide Rc. No.B/2236l2019daled 21 .12.2024 passed by the Respondent No.S, pending disposal of the mainWrit Petition.
Counsel for the Petitioners: SRI M.A.K.MUKHEEOCounsel forthe Respondent Nos.1 TO 5: SRt L.RAVINDER, AGp FORREVENUE
Counsel for the Respondent Nos.6 TO [,t2: ]- The Court made the following: ORDER
HON'BLE SRI JUSTICE C.V. BHASKAR REDDYWRIT PETITION No.36835 of 2024
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:
This Writ Petition is filed seeking the following relief:- "...writ of mandamus declaring the [action ][of respondent ][No.4]not implementing the enquiry report submitted byrespondent No.5 uide Rc.No.Bl2236/2019, dated2l .12.2024 knowing well that the unofficial [respondent ][Nos.6]to 12 have played fraud [got ]mutated the [Iand ][in ][Sy,Nos.147,]148 and 149 which beiongs to the [petitioners, ][basing ][on ][the]fraudulent documents by mentioning [different ][survey]numbers i.e., Sy.No.s 68.747, 68.148 and [68.149, ][total]extent nearly Acs.32.OO guntas which [belongs ][to]Government, Itikyalapally Village, Bachannapet [Mandal,]Jangoan District, without veriffing the [same passing ][the]order uide Rc.No.E3/496/ 2O2l in Appeal [No.I/237812018,]dated 01.02.2021 by respondent No.2, as [illegal, ][arbitrary]and violation of principles of natural [justice... ]["]
2. It is stated that respondent Nos.6 to 12 [have ][obtained]pattadar passbook by playing fraud for non-existing [lands/suruey]numbers. It is further stated that [respondent ][No.5 ][after]conducting a detailed enquiry [has ][categorically ][observed ][that ][one]Mr.Kamalla Komaraiah and Rasu [Mallaiah ][jointly ][sold ][the ][land ][to]an extent of Acs.S.10 [guntas ]in Sy.No.68.147; [Acs.9.l2 ][guntas ][in]Sy.No.68. 148 and Acs.9.12 guntas in [Sy.No.68.149 ][and ][on]verification of the records, no survey numbers i.e., [Sy.Nos.68- 147]or 68.148 or 68. 149 are recorded in any of the [pahani ][of ][the]
itlC]VBR. J.1wp 36835 2024
li
village. It is further stated in the report that e name of the sellers of tlrr: rlentioned deeds are not reflecling .rt pattadarIcolumn in the p:rl-ranics cithe r for Sy.No.68 or for Sy.Nos.I47, 148,i149 of the said Village and consequently, respondent No.S hadsubmitted a report before respondent No.3-District Collector uideRc.No.B/ 223tt 12019, dated 21.72.2024 for,takins necessaryl"action. Thc grievance of the petitioners is that evpn after receivingithe said reporl, respondent No.3 has not taken any action on thesaid report either for cancellation of pattadar passbooks issued in;favour of resl;ondent No.6 or deletion of the entries in the DharaniIPortal.Ii
3. Considercd the submissions of the learned counsel for thepetitioners :rnd Sri L. Ravinder, learned Assistant GovernmentPleader for Revenue appearing for respondent Nos.1 to 5 and withtheir consenl, this writ petition is disposed at theradrnission stage.In vicw of t hc nature of relief sought for in this writ petition,issuance of notice to the unofficial respondent is dispensed with.
4. Learnr:d counsel for the petitioners !^" vehementlycontended that taking advantage of the entries being made inDharani Portal and also issuance of pattadar passbooks,respondent Nos.6 to 12 have been receiving various rncentives and l
investment subsidies sanctioned from the State Exchequer, for nonexisting lands.
5. In view of the above submissions and since seriousallegations have been made by the petitioners, this Court, insteadof examining the same, deems it appropriate to dispose of this writpetition directing respondent No.3 to examine the said issues dulytaking into consideration of the report, dated 21 .12.2024 beingsubmitted by respondent No.5 uide proceedings No.Bl2236/2019after issuing notice to all the effected and interested partiesincluding the petitioners and the unofficial respondents and afterverification of the revenue records, pass a reasoned order inaccordance with law and communicate the decision thereon to thepetitioners. The entire exercise shall be completed within a periodof three (O3) months from the date of receipt of a copy of this order.6. With the above observations, this Writ Petition is disposed of.There shall be no order as to costs.
7. As a sequel, the miscellaneous petitions pending, if any, sha1l stand closed.
SD/-V. KAVITHA ?
ASSTsTAN(REGISTRAR I\
-{-r'2-n
\
//TRUE COPY//
SEdTION OFFICER
To1The Principal Secretary, Revenue Department, [Secretariat, Hyderabad, State]of Telangana.1The Principal Secretary, Revenue Department, [Secretariat, Hyderabad, State]of Telangana.
The Special Tribunal, Jangaon District
The District Collector, Jangaon [District, ][Telangana State]
J
4The Additional Collector, Jangaon District, [Telangana ][State]
The Tahsildar, Bachannbpet [Mandal, Jangaon District, Telangana State]
bOne CC to SRI M.A.K.MUKHEED, [Advocate ][OPUC]Two CCs to GP FOR REVENUE, [High ][Court ][for the ][State ][of ][Telangana, ][at]Hyderabad. [OUT]Two CCs to GP FOR REVENUE, [High ][Court ][for the ][State ][of ][Telangana, ][at]Hyderabad. [OUT]6Two CD Copies t(
PSK.
BS
HIGH COURT
DATED:31 11212024
ORDER
WP.No.36835 of 2024
DISPOSING OF THE WRIT PETITIONWITHOUT COSTS
,^.oP(dt' H.-_
6(,,
I