Raipally , Govindapuram Madhu,Madhukar And Another v. The State Of Telangana And 5 Others

[ 3168 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 7502 OF 2023 Between:

1. Raipally @ Govindapuram Madhu@Madhukar, S/o: Late Mallaiah, aged about 35 years, Occ. agriculture

2. Raipally @ Govindapuram Pallavi, W/o: Madhukar, aged about 33 years, Occ. House Hold, Both R/o H .No.5-2, Pedda Chelmeda Village, Munipally Mandal, Sanga Reddy Dist.

...PETITIONERS AND

1. The State of Telangana, Rep by its Principal Secretary, Revenue Department B R K Bhavan, Saifabad Hyderabad

2. The District Cotlector, Sanga Reddy Dist

3. The Tahsildar, Munipally Mandat, Sanga Reddy Dist.

4. Pastapur Rukkammd, Wo: Ramchander, aged about62 years, Occ. dgriculture, R/o H. No.2 -51 I 1, PotipalfVillage, Jharasangam Mandal, Sanga Reddy Dist.

5. Padakanti Manikyamma, W/o Mallaiah, aged about 58 years, 9."...aqllculture, R/o H.No.2-86, Atmakur Village, Sadasivipet Mandal, Sanga Reddy Dist.

6. dadapati Geethamma @ Vijaya Laxmi, Wo Narsimulu, aged about 55 years, Occ. agriculture, R/o H.No.2-4e, Bardifur Village, Jharasangam Mandal, Sanga Reddy Dist ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto pass an order to issue any appropriate Writ Order or Direction more particularly in the nature of Writ Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents 1 to 3 in withholding

the payment of Rythu Bandhu amount to the account of the petitioners for Rabi Season-2022 in respect of the agriculture land in Sy.No.1 88E, an extent AC.0.18gts, 212A11 , an extent Ac.0.09, 114A212, an extent Ac.0.02, 211A2, an extent Ac.0.28 , 212412, an extent Ac.1.30 and 214A12, an extent Ac.2.05 of Chelmeda Kalan Village, Munipally Mandal, Sanga Reddy Dist based upon our Dharani passbook vide.T09140200696 and TO914O2O10OB and Khata No.1007 and Khata No.60261 though the petitioners have been cultivating the land personally, by duly consideration the pending online application vide No. C12300013421 and C12300013418, dated. 1410312023 as illegal unlawful contrary to law and consequently direct the respondents 1 to 3 to pay the Rythu Bandhu Amount for Rabi Season-2022 as deposited in respect of the farmers in the State as per online application vide No. C123OO013421 and C12300013418, dated. 1410312023.

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 deposit the Rythu Bandhu amount for the current Rabi Season-2022 onwards in the account of the petitioners as usual in respect of the agriculture land in Sy.No.188E, an extent AC.O.18gts,212N1, an extent Ac.O.09, 114A212, an extentAc.0.02, 211A2,an extentAc.0.28,212Al2, an extentAc.1.30 and 214412, an extent Ac.2.05 of Chelmeda Kalan Village, Munipally Mandal, Sanga Reddy Dist based upon our Dharani passbook vide.T09140200696 and T09140201008 and Khata No.1007 and Khata No.60261 by duly considering the pending. online application vide No.C12300013421 and C12300013418, dated. 1410312023 pending disposal of Writ petition. Counset for the Petitioners: SRl. NAMBI KRISHNA Counsel for the Respondent No. 1 to 3: ASSISTANT GP FOR REVENUE Counsel for the Respondent No. 4 to 6: NONE APPEARD The Court made the following: ORDER

HON'BLE SRI JUSTICE K.LAKSHMAN WRIT PETITION No.7SO2 of 2o/23 ORDER:

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue.

2.

In view of nature of relief sought, this Writ Petition is disposed of, at the admission stage, dispensing with notice to respondent Nos.4 to 6.

3.

Petitioners herein are claiming that they are absolute owners and possessors of land admeasuring Ac.0-18 gts in Sy.No.l 88E, Ac.0-09 gts in Sy.No.2 lzNl, Ac.0-02 gts m Sy.No.ll4A2l2, Ac.0-28 gts in Sy.No.2l lA2, Ac.1-30 gts in Sy.No.2lzNz and Ac.2-05 gts in Sy.No.2l4Nz, situated at Chelmeda Kalan Village, Munipally Mandal, Sanga Reddy District. In proof of the same, they have filed copies of latest Paffadar passbook and title deed. Rythu Bandu benefit was stopped to the petitioners on the ground of pendency of a suit vide O.S.No.1l19 of 2021 by respondent Nos.4 and 5 against the petitioners seeking partition and separate possession in respect of suit schedule property and there is an interim order in I.A.No.693 of 2021.

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\.;\l Therefore, they have submitted online application Nos.CI23000l 3421 and CI23000134 l8 dated 14.03 .2023 with respondent No.2 with a request to pay the Rythu Bandu benefit. Despite receiving and acknowledging the said online application, respondent No.2 did not act upon the same. Therefore, the present Writ Petition.

4.

Whereas, the learned Assistant Government Pleader for Revenue, on instructions would submit that the 2nd respondent will consider the said online applications submitted by the petitioners and pass appropriate orders in accordance with [aw. 5.

On the pendency of the said suit and subsistence of interim order in I.A.No.693 of 2021, respondents cannot deny Rythu Bandu benefit to the petitioners herein. .

6. In view of the said discussion, this Writ Petition is disposed of directing the 2nd respondent to consider the online application Nos.CI23000l342l and CI2300013418 dated 14.03.2023 submitted by the petitioners extend Rythu Bandu benefit to the petitioners in accordance with law by putting the petitioners and respondent Nos.4 t. 6 on notice and affording them an opportunity. tf the 2nd respondent is not incrined to accept the

J request made by the petitioners, he shall assign specific reasons and pass a reasoned order, communicate copy of the said order to the petitioners and complete the said exercise within a period of eight

(08) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.

SD/. N. CHANDRA SEKHAR ASSISTANT //TRUE COPY// SECTION OFFICER \ To,

1. The Principal Secretary, Revenue Department B R K Bhavan, Saifabad The State of Telangana, Hyderabad

2. The District Collector, Sanga Reddy Dist

3. The Tahsildar, Munipally Mandal, Sanga Reddy Dist.

4. One CC to Sri. Nambi Krishna, Advocate [OPUC]

5. Two CCs to GP for Revenue, High Court for the State of Telangana. [OUT]

6. Two CD Copies TJ GJPd ilI

HIGH COURT DATED i2A10312023 tlt, ETA 14'

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ORDER

WP.No.7502 of 2023 ir!

.k DISPOSING OF THE WRIT PETITION AT THE ADMISSION STAGE WITHOUT COSTS.

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