Smt.Chamangari Ramulamma v. The Revenue Divisional Officer, Hyderabad East Division
HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 21631 OF 2009 ORDER:
Heard learned counsel for the petitioners and learned counsel for the respondents.
The present Writ Petition came to be filed seeking issuance of Mandamus declaring the action of respondent No.2 in issuing proceedings No.B/4005/2005, dated 30.06.2005 and his consequential action in rounding off the names of the petitioners as pattadars and possessors in the R.O.R. in respect of the land admeasuring Acs.4.09 guntas and Ac.1.20 guntas in Survey Nos. 553 and 554/1 respectively situated at Nadargul Village, Saroornagar Mandal, Ranga Reddy District, as illegal and arbitrary and consequently direct respondent No.2 to continue to record the names of the petitioners as pattadars and possessors of the said agriculture land in the R.O.R.
The averments filed in support of the Writ Petition would show that the petitioners are residents of Nadargul Village and one Sri Y.Durga Reddy, S/o.Ram Reddy was the absolute owner of the land admeasuring Acs.4.09 guntas and Ac.1.20 guntas in Survey Nos. 554/1 and 553 respectively situated at Nadargul Village, Saroornagar Mandal, Ranga Reddy District. The Revenue Divisional Officer (RDO) vide proceedings No.E/396/75, dated 31.05.1979 granted Occupancy Right Certificate in favour of Y.Durga Reddy after following due
process of law and his name was also implemented in the revenue records as its pattadar and possessor. Thereafter, petitioner No.1 by way of registered sale deed document no.5335/1982, dated 22.07.1982, purchased the above said land and gifted the same in favour of her daughter i.e., petitioner No.2.
Thereafter, the revenue authorities also issued pattadar pass books bearing Nos.330 and 331 in favour of the petitioners in respect of the land in question. While things stood thus, the Deputy Collector and the Tahsildar, Saroornagar Mandal, Ranga Reddy District, without issuing any notice or opportunity rounded the names of the petitioners in the R.O.R. The action of the respondents in rounding off the names of the petitioners is the subject matter of challenge in the present Writ.
It is to be noted that on 15.07.2013, the Writ Petition is dismissed against respondent Nos.3, 4 and 5 as the conditional order dated 30.04.2013 passed by this Court was not complied with. Till date, no steps were taken to get the same restored. Hence, the petitioners cannot claim any relief against respondent Nos.3, 4 and 5.
In view of the order dated 15.07.2013, dismissing the Writ Petition insofar as respondent Nos.3, 4 and 5, the question of adjudicating further in the matter would not arise. Hence the petition is liable to be rejected and accordingly the Writ Petition is dismissed. However, the petitioners are at liberty to avail the remedies available under law. There shall
be no order as to costs.
Consequently, the Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _______________________________ JUSTICE C. PRAVEEN KUMAR 08.02.2016 vhb