Kancharla Shekaraiah v. The State Of Telangana

n [ 32e6 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWo THoUSAND AND TWENTY FoUR PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY T'VRIT PETITION NO:36826 0F 2024 Between:

Kancharla Shekaraigh, S/o. Shivalingam, Age. 69 years, Occ. Agriculture, Rl/o. Hanamkonda Village and Manda[ Haharikonda Dist. ...PETITIONER AND The State of _Tglqqgala, Rep by its Principat Secretary, Revehue Dept., Secretariat at B.R.K.R. Bhavan, Hfderabad.

The Dist. Collector, Hanamkonda Dist.

Revenue Divisional Officer, Hanamkonda Mandal and Dist. Tahsildar, HanamkondaMandal and Dist.

Sribadri Ramaswamy, -S/o. Late S. Mallaiah .Aged about 66 years, Occ. Agriculture, - _Rl/o. 3-14-543, KU Road, - Hanamkond6 Village, H a na mkonda Mandal and Dist.

...RESPONDENTS Petition under Article 226 ot 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 declaring the action of the Dist. Collector Hanumakonda in passing order vide Prodgs.no.D4l157112024, d1.25.10.2024 without examining the simple sale deed, water and land tax receipts furnished by the petitioner and not rectifying the revenue records despite there being categorical submission made by the unofficial respondent as illegal, arbihary and in violation to Article 2'l and 3004 of the Constitution of lndia and consequenfly to direct the official respondents to rectify the revenue records by deleting the name of the unofficial respondent and record the name of the petitioner as pattadar and issue patta

pass book to the petitioner for the land admeasuring Ac.0.33 Gts in sy.no.399/8 situated at Hanamkonda Village and Manclal, Hanamkonda District. lA NO: 1 OF 2024 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 to maintain status quo with regard to revenue entries, pending disposal of the main Writ petition.

Counsel for the Petitioner: SRI ABDUL AZAM KHAN Counsel forthe Respondent No.1 to 4: AGp FOR REVENUE The Court made the following: OROER

Al HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No. 36826 of2O24

ORDER

This Writ Petition is filed praying this Court to declare the action of the Dist Collector, Hanumakonda in passing order uide Proceedings No.Da/ l57I /2024, dated 25.1O.2024 without examining the simple sale deed, water and land tax receipts furnished by the petitioner and not rectifying the revenue records despite there being categorical submission made by the unofficial respondent as illegal, arbitrary and in violation to Article 2l and 3O0A of the Constitution of India and consequently to direct the ofhcial respondents to rectify the revenue records by deleting the name of the unofficial respondent and record the name of the petitioner as pattadar and issue Patta pass book to the petitioner for the land admeasuring Ac.O.33 guntas in Sy.No.399/B situated at Hanamkonda Village and Mandal, Hanamkonda District and for other appropriate reliefs.

2.

[t is stated that the petitioner is the owner and possessor of the land admeasuring Ac.0.O8 % guntas in Sy.No.395/B and Ac.0.33 guntas in Sy.No.399/B situated at Hanamkonda Village, Mandal and District, having purchased the same under

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CVBR, J wp_36826 2024 sadabainama, clated l2.Og.l99l and he was in possession of lhe same br.. cultivating the same, but inadvertently the name of Badri Ramasw:lmy was mentioned in the revenue record and pattadar passbook n as :rlso issued to him. Therefore, the petitioner sut)mitted a rcpresentation, dated 12.O2.2024 to rectify the sa icl u,rong entry and r,r,hen the same was not considered by the respondents, he was constrained to hle W.P.No.15624 of 2024 before this Court. Vide order, dated 21.06.2024, this Court clisposed of the said writ petition directing rcspondent No.2-the District Collector to consider the representation. dated 12.O2.2024 submitted b-y the petitioner and pass appropriate ordcrs in accordance with law by putting the petitioner zrnd all cliected persons on notice and if respondcnt No.

2 is not inclined to acccpt the rcquest made by the pctitioner, he sl'rall assign specific reasons and pass a reasoned order, communicate the same to the petitionr:r within a period of eight (08) wecks from the date of receipt of copy of that order. [1 is furthcr submittcd, in compliance with the ordcrs of this Court, respondent No.

CVBR, J Wp_36826_2024 the title over the subject propert5z. Aggrieved by the same, the presenL writ petition came to be filed.

3.

Considered the submissions of the learned counsel for the respective parties and with their consent, this writ petition is disposed of at the admission stage.

4.

A careful examination of the impugned order would reveal that the Tahsildar, Hanamkonda, has submitted a report stating that on verification of the records for the year 2OOT -2OO8,. the petitioner's name has been appearing in occupant column and the petitioner failed to submit any documents to prove the method of acquiring the subject land and even payment of water tax made in the past. Basing on the report submitted by the Tahsildar, after affording opportunity of hearing and after \ examining the records available, the District Collector found \ that the petitioner has failed to prove his title based on the documents and passed the impugned order, concluding that the , I issues are required to be agitated before the competent civil Court and advised the petitioner to approach the civil Court to adjudicate his title. Since respondent No.2 has passed a reasoned order by apptying his mind, this Court is of the opinion that there is no illegality or inhrmity in the impugned

CVBR. J Wp 36826-2024 order warrant ing in terference of this Court, more p:rrticularly the issues relating to the titte, possession and inter-sc disputes ermong the 1-rersons, who are claiming the rights over the property.

5.

Accordingly, this Writ petition is dismissed. However, liberty is grven to the petitioner to agitate his grievances by institutir-rg appropriate suit seeking to declare him as owner of the subjcct property. In the event of any dccree has been granted in lavour of the pctitioner, the respondent autho'rities are directed to incorl)orate his name in Lhe revenue records and consequently, issue pattadar passbook in his favour, in accordance wil l-r lau,.

6.

As a sequel, Lhc miscellaneous petitions ltending, if any, shall stand closcd. No costs SD,. A.SRINNASAREDDY ASS T NTREGISTRAR ,,TRUE COPY"

S cTloN oFFICER Advocate tOPUCl f Telangana at igh Court for the State o To, one cc to sRr ABDUL H:#:

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r) HIGH COURT DATED: 3111212024 c t 11.\ q ), 1 il..1 O 2 5 FtB 2025 t Dr P^'l t."

ORDER

WP.No.36826 of 2024 DISMISSING THE WRIT PETITION, WITHOUT COSTS (+ dfr,t6ce(-\j>