Katam Surender And 2 Others v. State Of Telangana And 4 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 30354 OF 2022 Between:
1. Katam Surender, S/o. Katam Chinna Yellaiah, Aged about 45 years, Occ ; Advocate, R:/o. Cherial Village and tvlandal, Siddipet District, PIN - 506223.
2. Katam Balaiah, S/o. Katam Ramaiah, Aged about 60 years, Occ ; Agriculture, Rl/o. Cherial Village and Mandal, Siddipet District, PIN - 506223.
3. Badugu Vijaya, W/o. Anjaiah, Aged about 50 years, Occ ; Housewife, Fl/o. Cherial Village and Mandal, Siddipet District, PIN - 506223. ...PETITIONERS AND
1. State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.
2. The District Collector, Siddipet District.
3. The Revenue Divisional Officer, Siddipet Revenue Division, Siddipet District.
4. The Tahsildar, Cherial Mandal, Siddipet District.
5. Katam Bala Narsaiah, S/o. Katam Raghupathi, Aged about 65 years, Occ ; Retd. Employe e, No.24-714, Shivaji Nagar, Cherial Village and Mandal' Siddipet District, PIN - 506223.
...RESpoNDENrs 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, orders or direction more particularly one in the nature of wRlT oF MANDAMUS to declare the action of the official respondents in not taking steps to delete the house plots of the petitioners from the holding of the 5th resfondent in Sy.No.933lAl2l1 to an extent of 400 sq.yards, 275 sq.yards and 135 sq.yards situated at cherial Village and Mandal, siddipet District, from Dharani Portal, as illegal, arbitrary, null and void and consequently to direct the official respondents to delete the house plots area from the holding of the Sth respondents in Dharani Portal.
l.A.NO:1 OF 2022 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 4th respondent to act upon the report submitted by the Mandal Revenue lnspector, dated 07.07.2022, to delete the house plots area of the petitioners from the holding of the Sth respondent from Dharani Portal, pending finalization of the writ petition.
Counsel for the Petitioners : SRI.J.KANAKAIAH Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5 : NONE APPEARED The Court made the following ORDER
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.3O354 of 2022 ORDER:
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents. With their consent, the writ petition is disposed of aL the sl-age of admission.
2.
It is contended by the learned counsel for the petitioners that father of the 1st petitioner purchased an extent of 4O0 square yards of land under simple sale deed by paying total sale consideration as early as in the year 1955 and he was in possession during his life time and also constructed a cattle shed together with compound wall in the total extent of 4O0 square yards. After the demise of father of the l"t petitioner, the lst petitioner has succeeded to the same and has been in possession and enjoyment of the same. Similarly, 2"d petitioner claims to have purchased an extent of 275 square yards of land from the original pattadar viz., Pambala @ Katam Agaiah in the year 1959 in the very same survey number i.e., survey No.933 and father of the 3ra petitioner also claims to have purchased an
extent of 135 square yards in the year 1960 out of the very same survey number. The 3.d petitioner has succeeded to the same and he has been in possession of the same. 3.
According to the learned counsel for the petitioners, the petitioners are in peaceful possession and enjoyment for the past several years. However, after introduction of Dharani Portal, the Revenue Authorities without veri$,ing physical possession of subject land, updated the name of the Sft respondent in respect of the iand in survey No.933 including the land which is in possession and enjoyment of the petitioners herein.
4.
It is the grievance of the petitioners that taking advantage of erroneous entries on online Dharani Portal, the sth respondent is interfering with the possession and enjoyment of the petitioners over the subject plots, thereby creating problem to the petitioners. Under those circumstances, the petitioners herein claims to have submitted a representation dated 25.06.2022 to respondent No.4 herein and another representation dated 30.06.2O22 to the 2"d respondent herein requesting for deleting the said house sites from the holding of the 56 respondent as the said extent of land was converted into non agricultural purpose long back.
5.
It is also contended by the learned counsel for the petitioners that having considered the representation dated 25.06.2022, the 4fr respondent herein has called for a report from the Mandal Girdawar. In response to the same, the Mandai Girdawar has submitted a report to the 4m respondent, but inspite of submission of a report to the 4s respondent, he has not taken any action in the matter. Hence, learned counsel for the petitioners prays for passing appropriate orders directing the 4ft respondent to consider the representation dated 25.06.2022 submitted by the petitioners by duly taking into consideration the report submitted by the Mandal Girdawar. I t { t 6.
Though sufficient time has been granted for getting instructions in the matter, no instructions are placed before this Court by the learned Assistant Government Pleader for Revenue. Learned counsel for petitioners also requested for appropriate orders directing consideration of the representation submitted by the petitioner instead of keeping the matter pending before this Court.
7.
Taking into consideration, the facts and circumstances of the case, the writ petition is disposed of directing the 4h respondent to consider the representation dated 25.06.2022 submitted by the petitioners by duly taking into consideration
the report submitted by the Mandal Girdawar and pass appropriate orders in accordance with law within a period of six weeks from the date ol receipt of a copy of this order. It is further directed that the 4h respondent while considering the representation ol the petitioners shall put the Sth respondent on notice and afford him reasonable opportuniqz of hearing and then pass orders, as directed above.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
SD/.P.PADMANABHA REDDY ASSISTANTREGISTRAR //TRUE COPY'
SECTI FFICER To
1. The Principal Secretary, Revenue Department, Secretariat, Hyderabad.
2. The District Collector, Siddipet District.
3. The Revenue Divisional Officer, Siddipet Revenue Division, Siddipet District.
4. The Tahsildar, Cherial Mandal, Siddipet District.
5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]
6. One CC to SRI.J.KANAKAIAH, Advocate [OPUC]
7. Two CD Copies
8. One spare copy r\\!
S.A
HIGH COURT DATED:0810812022 F,E S 14.rtq
ORDER
n?l 2O AUE WP.No.30354 of 2022 1; ; ..-- r.",'.'.': " ll'j I I I DISPOSING OF THE W.P WITHOUT COSTS.
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