Jarupula Kishan And Another v. State Of Telangana And 5 Others

[ 3168 ] (sHow cAUSE NOTICE BEFORE ADMISSION)

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY, THE TWENTY FIFTH DAY OF NOVEMBER TVVO THOUSAND AND TWENTY TWO :PRESENT:

THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 42572 OF 2022 Between:

1. Jarupula Kishan, S/o. Jagram.

2. Jarukula Neela, Wo. Kishan Petitioners AND

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

2. The District Collector, Jangaon District at Jangaon.

3. The Revenue Divisional Officer, Ghanpur Revenue Division, Jangaon.

4. The Tahsildar, Palakurthi Mandal, Jangaon District.

5. Jarupula Eeramma, Wo. Lingya Occ Agriculture, R/o. Cheemalabai Thanda Gram Panchayat, Palakurthi Mandal, Janagaon District. 6 The Station House Officer, Police Station, Palakurthy, Jangaon District. Respondents WHEREAS the Petitioners above named through their Advocate SRI J KANAKAIAH presented this 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 one in the nature of WRIT OF MANDAMUS to declare the endorsement bearing Rc.No.B/1037312019, dt.22.02.2020 in giving declaration that the land of the petitioners in Sy.No.545/B to an extent of Ac.1.20, 5511A211 to an extent of Ac.1.20 Gts.

, situated at Cheemalabai Thanda Grampanchayat, Palakurthy Mandal, Jangaon District in favour of the 5th respondent which is illegal and arbitrary, null and void and against the procedure lay down under the Telangana ROR Act, 2020 and also against the principles of natural justice and consequently to direct the respondents 2 to 4 to restore the land of the petitioners on their names by deleting from the Dharani Portal as well as e-passbook issued in favour of the 5th respondent; AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri J KANAKAIAH, Advocate for the Petitioners and GP for Revenue who took notice on behalf of the Respondent Nos.'1 to 4 and GP for Home, who took notice on behalf of the Respondent No.6, directed issue of notice to the Respondent No.

5 herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

Jarupula Eeramma, Wo. Lingya Occ Agriculture, R/o. Cheemalabai Thanda Gram Panchayat, Palakurthi Mandal, Janagaon District. are directed to show cause on or before 27 -12-2022 to which date the case stands posted as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted. 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 4th respondent not to entertain any registrations over the land of the petitioners in Sy.No.545/B to an extent of Ac.1.20, 551lMl1 to an extent of Ac.1.20 Gts., situated at Cheemalabai Thanda Grampcnahayat, Palakurthy Mandal, Jangaon District, pending disposal of WP No. 42672 of 2022, on the file of the High Court. The Court made the following:

ORDER:

Learned Government Pleader for Revenue accepts notice on behalf of respondent Nos.1 to 4 and seeks time to file counter, while learned Government Pleader for Home, accepts notice on behalf of respondent No.6. Notice to respondent No.S.

Personal Notice is also permitted.

List on 27-12-2022.

Prima facie, impugned endorsement dated 22-02-2020 of respondent No.4 is contrary to the facts and law. According to the petitioners, they came to know about this endorsement only on 10-01-2022, the day on which they have submitted representation to respondent No.2. ln view of the same, matter requires examination.

Therefore, respondent No.4 is directed not to entertain any document to be submitted by respondentNo.S in respect of the subject property i.e., land admeasuring Acs.l-20 guntas in Sy.No.545/B and Acs.1-20 guntas in Survey No.551/A2l1, situated at Cheemalabai Thanda Grampanchayat, Palakurthy Mandal, Jangaon District.

.C Th HANDRASHEKAR RAO Nr RrtsrRAR SD/- N ASSIS //TRUE COPY// SECTION OFFICER

To,

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

2. The District Collector, Jangaon District at Jangaon.

3. The Revenue Divisional Officer, Ghanpur Revenue Division, Jangaon.

4. The Tahsildar, Palakurthi Mandal, Jangaon District. (1 to 4 by RPAD)

5. Jarupula Eeramma, Wo. Lingya Occ Agriculture, Rl/o. Cheemalabai Thanda Gram Panchayat, Palakurthi Mandal, Janagaon District. (by RPAD- along with a copy of petition and affidavit)

6. The Station House Officer, Police Station, Palakurthy, Jangaon District. (by RPAD)

7. Ohe CC to SRI J KANAKAIAH Advocate IOPUCI B. Two CCs to GP FOR REVENUE, High Court at Hyderabad. [OUTI

9. Two CCs to GP FOR Home, High Court at Hyderabad. [OUT]

10. One spare copy /'

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HIGH COURT KL,J DATED:2511112022 List on 27-12-2022 NOTICE BEFORE ADMISSION WP.No.42672 of 2022 DIRECTION $'!- l c.

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