Routhu Raji Reddy v. The State Of Telangana

[ 3183 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION NO: 34131 OF 2022 Between:

Routhu Raji Reddy, s/o. Gangarajam, aged about 42 yea$, r/o. H.No. 1-96/4, Gopalraopet, h/o. hippannapet Village, Jagtial Mandal and District, Telangana ...PETITIONER AND

1. The State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. Telangana State.

2. The District Special Tribunal, Jagtial, rep. by its District Collector, Jagtial, Jagtial District, Telangana State.

3. The Joint Collector, Jagtial District, Telangana State.

4. The Revenue Divisional Officer Jagtial District, Telangana State.

5. The Tahsildar, Jagtial Rural Mandal, Jagtial District, Telangana State.

6. Deshaboina Alis Deshameni Bheemaiah, s/o. Narsimlu, aged 62 years, r/o. 879, Polasa Village, Jagtial District, Telangana.

7. D. Shakuntala, w/o Gangarajam aged 39 years, r/o. 1-82, Polasa Village, Jagtial Mandal and District.

8. Deshaveni Laxmanarsu, s/o. D. Laxman Alis Laxminarayana (Late) aged about 45 years, r/o. 8/Bl, Polasa Village, Jagtial Mandal and District.

9. Laishetyy Shankar, s/o. Laishetty Rajalingu, aged 57 years, r/o. 1-59/3, Gopal Raopet h/o. Tippanapet, Jagtial District.

1 0. Lishetty Srinivas, s/o. Laishetty Rajalingu, aged about 43 years, r/o. 16-061978, Gopal Raopet Jagtial Mandal and District. 1 1 . Boga Venkateshwerlu, s/o. Devarajam aged about 61 years, rlo. 1-4-9612, Krishna Nagar, Jagtial Mandal and District.

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 an appropriate writ, order or direction more particularly one in the nature of Writ of certiorari calling for the records relating to the order passed by the District Special Tribunal Jagtial in File No. DlSf 111312021 i Case No. D11122412015 dated 30-06-2022 upholding the communication issued by the Respondent No. 4 i.e. Revenue Divisional Officer, Jagtial vide Lr No. 8/560/2019 dated 09.09.20'19 directing the Respondent No. 5 i.e. the Tahsildar Jagtial Rural Mandal to take action for amendment of revenue records and consequential proceedings vide proceeding No. 8/302/2019 dated 30.09.2019 issued by the respondent No.

5 to transfer the patta in favour of respondent No. 6, 7 and 8 herein in respect of land in Sy. No. 639 to an extent of Ac. 1 .08 guntas, Ac. 0.1 4 guntas and Ac. 0.'

arbitrary, contrary to law, against the provisions of the Telangana Rights in Land and Pattadar Passbook Act, 1971 and the Telangana Rights in Land and Pattadar Passbook Rules 1989 and also violation of Articles 21 and 300-4 of the constitution of lndia, besides being violative of principles of natural justice and consequently set aside the same.

lA 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 respondent not to interfere in the peaceful possession of the petitioner land measuring Ac. 2.16 guntas in Sy.No. 693, in Polasa Village, Jagtial Rural Mandal, Jagtial District, pending disposal of the main writ petition. lA NO: 2 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 respondents not to alienate the land in Sy. No. 639 to an extent of Ac. 1.08 guntas, Ac.0.14 guntas and Ac.0.14 guntas respectively situated at Polasa village, Jagtial Rural Mandal, pending disposal of the main writ petition.

lA NO: 3 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 suspend the communication issued by the Respondent No. 4 i.e. Revenue Divisional Officer, Jagtial vide Lr. No. 8/560/2019 dated 9.9.2019 directing the Respondent No.5 i.e. the Tahsildar, Jagtial Rural Mandal to take action for amendment of records and consequential proceedings vide proceeding No. Bl3O2l2O19 dated 30.09.2019 issued by the respondent No. 5 to transfer the patta in favour of respondent No. 6, 7 and 8 herein in respect of land in Sy. No. 639 to an extent of Ac. 1.08 guntas, Ac.0.14 guntas and Ac.0.14 guntas respectively situated at Polasa village, Jagtial Rural Mandal, Jagtial and which was upheld by the respondent No. 2 i.

e District Special Tribunal Jagtial in file No. D|ST1113l2o21l CASE No. D11122412019 by an order dated 30.06.2022, pending disposal of the main writ petition.

Counsel for the Petitioner: SRI MADAS BHARATH CHANDRA Counsel forthe Respondent No.1 to 5: ASST. GP FOR REVENUE Counsel for the Respondent No.10: SRI K. MURALIDHAR REDDY Counsel for the Respondent No.6 to 9 & 11: - - - - The Court made the following: ORDER

HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PBTITION No.34t3t oB 2022 ORDER: (ORAL) Mr. Madas Bharath Chandra, leamed counsel for the petitioner, on instructions of the petitioner, addressed a letter dated lg.lO.2O23 to the Registry to list the matter under the caption'for withdrawal' and when the matter tisted today under the said caption, he sought permission of this Court to withdraw the writ petition with a liberty to institute fresh writ petition. ' 2.

Permission is accorded'

3.

Accordingly, the writ petition is dismissed as withdrawn with liberty as prayed for. No order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed.

SDT K. VENKAIAH ASSISTANAREGISTRAR //TRUE COPY// sEcqiEN oFFrcER To,1. One CC to SRI MADAS BHARATH C!4ND.R4' Advogatq [Q-PUC] i. il; dd i; sRi k. rr,run+tonnR REDDY, Advocate-[oPUCl .

5. ifi 6d.'i"-Gi ion nEVeNlue, High court for the State of Telansana. touTl

4. Two CD CoPies BN GJPW

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ORDER

WP.No.34131 of 2022 DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS + q("b Y+_ - '{T-..

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