Smt. Saini Sasikala Alias Mamilla Urna Rani La Alias Mamilla Uma Rani v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON,BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 23773 OF 2020 Between:

Smt. Saini Sasikala alias Mamilla Uma Rani, W/o. Late Ashok Kumar D/o Late Narsinga Rao. aged 45 years, Occupation. Housewife R/o. H.No. 22-2-61 tr/arkaideya Colony Rahagundam Mandal, Peddapally District-505209 Telangana State.

...PETITIONER AND The State of Telangana, Rep. by Principal Secretary, Revenue Department, Secretariat, Hyderabad, Telangana State The District Collector, Peddapally District, Telangana State

3. The Revenue Divisional Officer, Peddapally Division Peddapally District Telangana State.

4. The Tahsildar, Anthergaon Mandal, Peddapally District, Telangana State.

5. Saini Rajeshwar Rao, S/o. Late Narsinga Rao. A9!{. 56 years, Occupation. SCC Employe'e, H.No. 5-6-160/4/A. Krishna Nagar, NTPC , Jyothi Nagar, Godav-arikani of Ramagundam Mandal Peddapally District.

6. Saini Sreenivas Rao, S/o. Late Narsina Grao. Aged.46 years, Occupation. Business, Fl/o. H.No. 21-1-118, Chandrababu Colon). Godavarikani Ramagundam trilandal, Peddapally District, Telangana State

7. Saini Sathyanarayana Rao Occupation. Business. Fl/o.

Ramagundam [r/a nd a l, Ped @ Jeevan Rao, S/o. Late Narsinga Rao, Aged. 43 yrs . No. 1-3-41lC, Main Road, Vidhyuth Nagar, dapally District, Telangana State ...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 to issue a writ, order or direction, more particularly in the nature of lvandamus or any other appropriate writ or writs, declaring the inaction of Respondents 2 to 4, in considering Petitioner's representations dated 0'l-10-2020 and 09-11-2020 and conducting enquiry and passing any orders deleting the names of the Respondents 5 to 7 in respect of agricultural land admeasuring Acres 2-04 Guntas, in Sy No' 1231A and Acres 0-05 Guntas in sy, No. 122, situated at lr/addirala Village.

of Anthergaon tr,4andal, Peddapally District, Telangana State, and entering the name of petitioner in all Revenue Records by cancelling the Pattadar Pass Books and Title Deeds issued in favour of Respondents 5 to 7, and issuing Pattadar Pass Books and Ti e Deeds in favour of petitioner, as illegal, arbitrary and unjust and violative of Articles .14 and 300A of the constitution of lndia, and consequentially direct the Respondents 2lo 4 to consider the representations of the Petitioner dated o1-10-2020 and 09-1 1-2020 and conduct enquiry and pass orders mutating the name of the Petitioner in all Revenue Records and issue Pattadar Passbooks and title Deeds in respect of land admeasuring Acres 2-04 Guntas in Sy. No. 123lA and Acres 0-05 Guntas in sy. No.

122, situated at Maddirala Village of Anthergaon Mandal, Peddapally District, Telangana State.

IA O:'l OF Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support ot'ii,,""p"Ltion,"t," H'sr, court may be preased to direct the Respondents 2 to 4, to "on.lO"itf,"

representalions of the Petitioner dated 1-10-2020 and 09-11-2020, anO pass orOers mutating the name of the Petitioner in all Revenue Records, and issue prttrO]i-pur. eo;kr" rnO Title Deeds in favour of Petitioner in respect of Petitioner's puti, f unO 'O'easuring Acres 2-04 Guntas' in Sy No 123lA and Acres 0-05 (Guntas in sv. No. 122, situaled at Maddirala Village of Anthergaon Mandal, Peddapally Oistrici,letan!'n' St"t"' pending disposal of the Writ Petition' Counsel for the Petitioner: SRI B' KRISHNA KUMAR Counsel for the Respondent Nos' 1 to 4: AGP FOR REVENUE Counsel for the Respondent Nos' 5 to 7: NONE APPEARED The Court made the following: ORDER

THE HON,BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION No.23773 of 2O2O

ORDER

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein, the following prayer is made "...to issue a Writ, Order or direction, more particularly in the nature of Mandamus or any other appropriate writ or writs, declaring the inaction of Respondents 2 to 4, in considering Petitioner's representations dated O1-10-2020 and O9-11-2O20 and conducting enquiry and passing any orders deleting the names of the Respondents 5 to 7 in respect of agricultural land admeasuring Acres 2-04 Guntas, in Sy.No.123/A and Acres O05 Guntas in Sy.No.

122, situated at Maddirala village, of Anthergaon Mandal, Peddapally District, Telangana State, and entering the name of petitioner in all Revenue Records by cancelling the Pattadar Pass Books and Title Deeds issued in favour of Respondents 5 to 7, and issuing Pattadar Pass Books and Title Deeds in favour of petitioner, as illegal, arbitrary and unjust and violative of articles 14, and 3004 of the Constitution of India, and consequentially direct the Respondents 2 to 4 to consider the representations of the Petitioner dated o1-102020 and O9-11-2O2O and conduct enquiry and pass orders mutating the name of the Petitioner in all Revenue Records, and issue Pattadar Passbooks and title Deeds in respect of land admeasuring Acres 2-O4 Guntas, in Sy. No, 123/A and Acres O05 Guntas in Sy. No.

122 situated at Maddirala Village, of Anthergaon Mandal, Peddapally District, Telangana State and pass such other or further orders..."

2.

Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 and perused the record 3.

The learned counsel for the petitioner wotrld submit that behind the back of the petitioner and without her knowledge, the subject land admeasuring Acs.2.04 guntas in Sy.No.123lA and Ac.0.05 guntas in Sy.No.122, situated at lvladdirala Village, Anthergaon Mandal, Peddapally District, was mutated in favour of unofficial respondents herein. The petitioner is the owner and -possesso, of the subject land and Pattadar pass books and title

name and her name is also deeds were also issued in her The Petitioner submltted reflected in the Pahanies'

the 4th resPondent/ representation, dated 01.10.2020, to Mandal, and representatlons, dated Tahsildar, Anthergaon Og.77.2020, to the 2nd respondent/District Collector' Peddapalli District and the 3'd respondent/Revenue Divisional Officer' Peddapalli, requesting to cancel the Pattadar pass books issued in favour of the unofficial respondents and to mutate her name in the revenue records in respect of the subject land No action has been taken by the authorities concerned on those applications and ultimately prayed to grant the relief as indicated a bove.

4.

On the other hand, the learned Assistant Government PleaderforRevenuewouldcontendthatthepetitioneriS challenging the entries in the revenue records pertaining to the year 1992-1993. The petitioner is required to challenge the same by filing an appeal before the appropriate appellate authority.

5. A perusal of the representation, dated 09 11 2020' submitted by the petitioner to the 2nd respondent/District Collector, Peddapalli District, reveals that the petitioner is challenging the entries in the revenue records pertaining to the year 1992-1993. There is no explanation from the side of the petitioner with regard to the abnormal delay in approaching this Court. It is culled out from the record that the petitioner has

-) raised serious dispute with regard to her title and possession over the subject land against the unofficial respondents. Those questions cannot be determined in this writ petition filed under Article 226 of the Constitution of India. It is apt to state that if, in a petition filed under Article 226 of the Constitution of India, complicated questions of fact which require a regular and fullfledged trial are involved, it is but prudent that the Court should refrain itself From entertaining such petition and relegate the party to the normal remedy to obtain redress in a suit. Under these circumstances, the petitioner is relegated to approach the competent civil Court and seek appropriate relief or challenge the mutation proceedings before the competent appellate authorlty.

6, With the above observation, this writ petition is dismissed. No costs.

Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

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

1. One CC to Sri. B. Krishna Kumar, Advocate tOpUCl

2. Two CCs to GP for Revenue, High Court for the State of Telangana. [OUT] 3, Two C.D. Copies Prk,f

HIGH COURT DAIED:3111212020 TA I4r s e t{ t -i 2$2t it -lA 'J * * D l:

a

ORDER

WP.No.23773 ol 2020 Dismissing the WP.

without costs.

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