WP/35103/2023 of Obaid Yazdani Vs The State of Telangana on 29 December 2023

HIGH COURT FOR THE STATE [OF ][TELANGANA AT HYDERABAD](Special Original Jurisdiction)

FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRIJUSTICE B.VIJAYSEN [REDDY]

WRIT PETITION NO: 35103 OF 2023

Between:

Obaid Yazdani, S/o Late Gulam Yazdani, [Aged ][about ][47 ][years, ][Occ]Business, R/o. Gazinagar Village, Kondamallepally [Nalgonda ][District.]

...PETITIONER

AND

1The State of Telangana, Rep by its Principal Secretary, [Revenue ][Department,]Secretariat, HyderabadSecretariat, Hyderabad 2The District Collector, Nalgonda District 3The Tahsildar, Kondamallepally Mandal, Nalgonda [District.]

...RESPONDENTS

Petition under Article 226 ol the Constitution of [lMia ][praying ][that in ][the]circumstances stated in the affidavit [filed ][therewi{h, ][the ][High Court ][may ][be]pleased to issue any writ, order or direction more [particularly one ][in ][the ][nature ][of]WRIT OF MANDAMUS declaring the action [of ][the ][Respondents in not ][disposing]ttre [pe{itioners ]Dharani application [bearing ][No. ][25T342700001275 ][dated.]19.09.2023 made for rectifying the wrong [entries ][in ][respect ][of ][the ][land ][to ][an]extent of Ac.67.08 gts in Sy.No.332,345,346 [of ][Gazinagar ][Village, ][Konda]Mallepally Mandal, Nalgonda District as [illegal, arbitrary and violation ][of ][articles]14,21 and 300-4 of constitution [of ][lndia also ][against ][the ][principies ][of ][natural]justice aM consequently d lrect the Respondents to rectify the [same by ][entering]the name of the [petitioner ]against the [above ][land.]

lA NO: 1 OF 2023

Petition under Section 151 CPC [praying ]that [in the ][circumstances ][stated]in the affidavit filed in support of the [petition, ]the [High ][Court may ][be ][pleased ][to]direct the Respondents to act upon the [dharani ][application ][bearing ][No]25T342700001275 daled. 19.O9.2023 made by the [Petitioner ][for ][rectification of]the wrong entry in respect of the land to an extent [of ][Ac.67.08 gts ][in ][Sy-No.332']345, 346 of Gazinagar Village, Konda [Mallepally Mandal, Nalgonda ][District,]pending disposal of main Writ Petition.

Counsel for the Petitioner: SRI S.M.SAIFULLAH

Counsel for the Respondents: AGP FOR.REVENUE

The Court made the following: ORDER

TTIE HONOURABLE SRI JUSTICE ts. VIJAYSEN REDDYWRIT PETITION No.35103 OF 2023

ORDER:(ORAL)

This writ petition is filed by the petitioner seeking to declare action of respondents in not dispoeing the petitioner's DharaniAppl ication bearing No.25T3427 00001275 dateA 19.09.2023 forrectification of revenue entries in respect of the land admeasuringAcs.67-08 Cuntas in Survey Nos.332, 345 and 346 situated atGazinagar Vitlage, Konda Mallepally Mandal, Nalgonda District,Gazinagar Vitlage, Konda Mallepally Mandal, Nalgonda District,as being illegal and arbitrary.

2. Heard leamed Counsel for the petitioner, leamedAssistant Government Pleader for Revenue appearing forrespondents, and perused the material on record.

3. It is clairned that originally the patemal grandfather of thepetitioner late Abdul Rahman was the owner and possessor of theland adrneasuring Acs.67-08 Guntas in Survey Nos.332, 345 andJ46 situated at Gazinagar Village, Konda Mallepally Mandal, Nalgonda District. The petitioner being legal heir of late AbdulRahman succeeded the aloresaid property by interstate succession.4. It is submitted that the names of the third parties havebeen entered in the revenue records in respect of the subjectproperty. On noticing the same, the petitioner submitted DharaniApplication bearing No.25T342700001275 dated 19.09.2023 forcorrecting the revenue entries. However, the same has not beenacted upon. Hence, the petitioner is constrained to approach thisCourt.

5. Learned Assistant Govemment Pleader for Revenueappearing for respondents has submitted that the names of the thirdparties have been entered in respect of the subject property. Asthey are necessary parties, they ought to have been impleaded

6. Having regard to the above facts and circumstances, as innocuous relief is sought by the petitioner, the writ petition isdisposed of directing the respondent Nos.2 and 3 to consider thepetitioner's Dharani Application bearing No.25T342700001275dated 19.09.2023 in respect of the land admeasuring Acs.67-08

=._-*t.

\

Guntas in Survey Nos.332, 345 and 346 situated at GazinagarVillage, Konda Mallepally Mandal, Nalgonda Disrrict, by issuingnotice to all concemed/intere$d persons, and pass orders, inaccordance with law, within a period of two (2) months from thedate ofreceipt ofa copy ofthis order.

As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. No order as tocosts.

'Rl-,%?mY'-?tffitESECNONdFFICER

,TTRUE [COPY"]

to''r. tn. [Principal ][secretary' ][Revenue Department' ][secretariat' ][Hyderabad' ][state]of Telangana'tn. [Principal ][secretary' ][Revenue Department' ][secretariat' ][Hyderabad' ][state]of Telangana'

The District [Collector' ][Nalgonda District]

2. TheTahsildar,Kond'amallepallyMandal'NalgondaDistr'tct'

3TheTahsildar,Kond'amallepallyMandal'NalgondaDistr'tct'4One [CC to ][SRI ][S ][M SAIFULLAH' ][Advocate ][IOPUC]]4One [CC to ][SRI ][S ][M SAIFULLAH' ][Advocate ][IOPUC]]

4One 5Two CCs [to ][GP ][FOR ][REVENUE' High Court ][for ][tlre ][State ][of ][Telangana at]Hyderabad [OUTI5Two CCs [to ][GP ][FOR ][REVENUE' High Court ][for ][tlre ][State ][of ][Telangana at]Hyderabad [OUTI

6Two CD [CoPies]

BSR

HIGH COURT

DATED: 2911212023

ORDERWP.No.35t03 of 2023

DISPOSING OF THE WRIT PETITION,WTTHOUT COSTS{

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