Chunchu Bhagyamma , Bhagyawa v. The State Of Telangana And 5 Others

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 16.12.2019 Between:

Chunchu Bhagyamma @ Bhagyavva, w/o. Mallaiah, Aged 49 years, Occu: Agriculture, r/o.Gotlamitta village, Koheda Mandal, Siddipet district (old Karimnagar District).

.....Petitioner and The State of Telangana, rep.by its Prl.Secretary, Revenue Department, Secretariat Buildings, Hyderabad and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Petitioner claims that she is the owner of the land to an extent of Acs.5.39 guntas in Sy.No.29/C and Ac.0.23 guntas in Sy.No.154/A of Gotlamitta village of Koheda Mandal. Her name was mutated in the revenue records and pattadar passbooks and title deeds were also issued.

2.

Material on record would disclose that earlier against issuance of mutation proceedings and pattadar passbooks, petitioner preferred appeal to the Revenue Divisional Officer, Karimnagar and said appeal was allowed, confirmed by the Joint Collector in the revision. Petitioner filed O.S.No.19 of 2010 in the Court of Senior Civil Judge at Huzurabad praying to grant declaration of title against Ponnala Ramaiah and others on the same extent of land. Said suit was dismissed on 04.01.2019. Appeal Suit No.29 of 2019 filed by the petitioner is pending in the Court of III Additional District Judge, Karimnagar. While so, notice was issued on 02.07.2019 blocking the subject property on Online Website. Representation was made by the petitioner on 15.10.2019 to remove the block on the subject property from Online Website. Alleging inaction on the said representation, this Writ Petition is filed.

2.

Reading of the Memo dated 02.07.2019 would disclose that it was rejected on the ground that petitioner lost the suit filed by her and, therefore, the orders imposing blockage of property on Online Website is valid. It is not in dispute that the petitioner lost the suit

praying to grant decree of declaration of title against the defendants therein on the very same extent of land. That being so, merely because petitioner earlier succeeded before the Revenue Divisional Officer and the Joint Collector and pattadar passbooks and title deeds were issued in her favour by mutating her name, and appeal suit is pending is not a ground to contend to open up the property details at her instance. Therefore, I do not see any error in the decision of the Tahsildar warranting interference of this Court. Leaving it open to petitioner to work out her remedies in the pending appeal, Writ Petition is dismissed. Pending miscellaneous petitions shall stand dismissed. ___________________________ JUSTICE P.NAVEEN RAO Date: 16.12.2019 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 16.12.2019 kkm