Telangana High Court
WP/36817/2024 of Goli Nagamani Vs The State of Telangana on 31 December 2024
Wo Late Srinivasulu, Aged 45 years, Occ;. Cultivation, Rl/o Veldevi Village, Addaguduru Mandal, Yadadri Bhuvanagiri District. .....PETITIONER AND 1. The State of Telangana, Rep by its Principal Secretary, Department of Revenue Secretariat, Hyderabad. 2. The Court of Special Tribunal, District
[ [32961]
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original J urisdiction)
TUESDAY, THE THIRW FIRST DAY OF DECEMBERTWO THOUSAND AND TWENW FOUR
PRESENT
THE HONOURABLE SRIJUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 36817 OF 2024
Between:
Goli Nagamani, Wo Late Srinivasulu, Aged 45 [years, ]Occ;. Cultivation, [Rl/o ][Veldevi]Village, Addaguduru Mandal, Yadadri Bhuvanagiri District.
.....PETITIONER
AND
1. The State of Telangana, Rep by its Principal Secretary, Department [of]Revenue Secretariat, Hyderabad.Revenue Secretariat, Hyderabad.
2. The Court of Special Tribunal, District Collector/ Member Yadadri BhuvanagiriDistrict.District.
3. The Revenue Divisional Officer, Bhongir, Yadadri Bhuvanagiri District.
4. The Tahsildhar, Addaguduru Mandal, Yadadri Bhuvanagiri [District.]
5. Maroju Yadgiri, S/o Seethaiah, Aged. 55 Yeats, Occ. Cultivation, [Ri./o ][Veldevi]Village, Addaguduru Mandal, Yadadri Bhuvanagiri District.Village, Addaguduru Mandal, Yadadri Bhuvanagiri District.
.....RESPONDENTS
Petition Under Article 226 ol the Constitution of lndia [praying ]that [in ][the]circumstances stated in the affidavit filed therewith, the [High Court may ][be]pleased to issue a Writ, order or direction more particularly one in nature of Writof Mandamus declaring the Orders dt.O2.02.2021 [passed ]in [Special ][Tribunal]Case no.F2l1 86412021 on the file of The Court Of Special [Tribunal. ][Yadadri]Bhuvanagiri District there by confirming the Mutation [Proceedings ][passed]through Amendment No.2912007-08 issued by the Tahsildhar, [Addagudur]Mandal, Yadadri Bhuvanagiri District, there by showing Sth Respondent [as]Possessor in Revenue Records with respect to Petitioners Agriculture [Land]admeasuring an extent of Ac 2-01 Guntas in Survey [Number 330-e ][of ][Veldevi]
Village, Addaguduru Mandal, Yadadri Bhuvanagiri District as arbitrary, contraryto provisions of The Telangana Rights in Land and Pattadhar Pass Books Act1971 and set aside the same and consequently direct the Respondents 2 to 4 tocarry out Rectifications in Revenue Records there by deleting the name of SthRespondent from possessor column of lB Account, Adangal, further insertPetitioner's name as exclusive possessor with respect to Petitioner's AgricultureLand admeasuring an extent of Ac 2-0'l Guntas in Survey Number 330-e ofVeldevi Village, Addaguduru Mandal, Yadadri Bhuvanagiri District as arbitrary.
LA.NO:I 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 Respbndent No.4 to not to carry out further mutations in RevenueRecords with respect to Petitioner's Agriculture Land admeasuring an extent ofAc 2-O1 Guntas in Survey Number 330-e of Veldevi Village, Addaguduru Mandal,Yadadri Bhuvanagiri District as arbitrary.
Counsel for the Petitioner : SRI MALLESWARA RAO KALLU
Counsel for the Respondent Nos.1 to 4 : AGP FOR REVENUE
Counsel for the Respondent No.5 : -
The Court made the following ORDER
)t,
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY\IIRIT PETITION No.36817 of 2o24
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ORDER:
It is stated that the petitioner has filed an appeal under
Section 5 (5) of the Telangana Rights in Land and PattadarPassbooks Act, 1971 (for short "the ROR Act, 1971") [questioning]the mutation proceedings in respect of the agriculture landadrneasuring Acs.2.O1 guntas in Sy.No.33O-e of Veldevi Village,Addaguduru Maldal, Yadadri-Bhongir District, in favour ofrespondent No.S. Vide proceedings dated O7.O2.2O21 in SpecialTribunal Case No.F2/ 1864 l2U2l, respondent No.2, duly takinginto consideration of the revenue records and also the entries madetherein, dismissed the appeal hled by the petitioner on the [ground]that the said appeal has been hled after a long lapse of time [i.e., ]l0years from the date of amendment being carried in the revenuerecords. Challenging the same, the present writ [petition is ][liled.]
2. Considered the submissions of the learned counsel for thepetitioner and Sri L.Ravinder, learned Assistant GovernmentPleader appearing for respondent Nos.1 to 4 and with [their]consent, this writ petition is disposed of at the admission [stage. ][In]view of the relief sought in this writ petition, issuance of notice tothe unofficial respondent is dispensed with.
T
CVBR, JWp_36817 2024
3. As seen from the record, the petitioner fited appeal after alapse of 10 years from the date of mutation of the subject propertyin the name of respondent No.s and on the sole ground of delay,the said appeal was dismissed. This writ petition is aiso fiIedquestioning the proceedings of the appellate authority nearly threeyears after passing of that order. Therefore, prima facie, itappears that both at the stage of appeal and fi1ing of the writpetition, there is inordinate delay on the part of the petitionerquestioning the amendment/corrections carried out in the revenuerecords. Since, the petitioner is not diligent in hling the appealbefore the appetlate authority as well as frling the writ petitionquestioning the orders of the appellate authority, this Court is ofthe opinion that the writ petition is misconceived and the same isliable to be dismissed on the ground of delay and latches.
4. Accordingly, this Writ Petition is dismissed. There shall beno order as to costs.
5. As a sequel, the miscellaneous petitions pending, if any,shall stand closed.
SD/.L. LAKSHMI BABUASSISTANT REGISTRARVSECTION OFFICER
//TRUE COPY//
To
1Two CCs to GP FOR REVENUE, High Court for the State of Telangana atHyderabad. [OUTIHyderabad. [OUTI2One CC to SRI MALLESWARA RAO KALLU, Advocate IOPUC]3Two CD Copies3Two CD Copies SA
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HIGH COURT
DATED:3111212024
ORDERWP.No.36817 ot 2024
DISMISSING THE W.PWITHOUT COSTS.
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