Thotapally Rajalingu, Adilabad Dist And Another v. Budhha Prasad, Adilabad Dist And Another
[ 3303 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAO THURSDAY, THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CONTEMPT CASE NO:2376OF2017 Contempt Case under Sections 10 to 12 of Contempt of Courts Act R/w Article 215 of Constitution of lndia to punish the respondents for disobedience of the orders of this Hon'ble Court Dated: 21.11.2016 in W.P.No.39875of 2016. Between:
1 . Thotapally Ralalingu, S/o. Posham Age 6 t years, Occ Agriculture, Ri/o. Amarvadi, Mancherial, Adilabad District.
2. Thotapally Shankar @ Shankariah,, S/o. Posham, Age 54 years, Occ Agriculture, R/o. Amarvadi, Mancherial, Adilabad District. ...PETINONERS/WRIT PETIT!ONERS AND
1. Budhha Prasad, S/o.Not known to the petitioner, The Collector and District Executive Magistrate, Adilabad District. (The District Collector is now shown as Contemnor No.1 as per the directions d1.21.11.2016 granted inWP. No.39875 of 2016 of the of this Honble Court).
2. Mr.M.Sadanandam, S/o. not known to the Petitioners, Age Major, the Tahsildar/Mandal Revenue Officer, Mancherial,Adilabad District. ...CONTEMNORS/RESPONDENTS APPL. NO: 1192OF 2017 Between:
'1. Thotapally Rajalingu, S/o. Posham Age 61 years, Occ Agriculture, Rl/o. Amarvadi, Mancherial, Adilabad District.
2. Thotapally Shankar @ Shankariah,, S/o. Posham, Age 54 years, Occ Agriculture, Rl/o. Amarvadi, Mancherial, Adilabad District. ...PETITIONERS/WRIT PETITIONERS AND
1. Budhha Prasad, S/o.Not known to the petitioner, The Collector and District Executive Maeisirate, Adilabad District. (The District Collector is now shown as Contemnor No.1 as per the directions dt.21.11.2016 granted inWP. No.39875 of 2016 of the of this Honble Court).
2. Mr.M.Sadanandam, S/o. not known to the Petitioners, Age Major, the Tahsildar/Mandal Revenue Officer, Mancherial,Adilabad District. ...CONTEMNORS/RESPONOENTS
3. Mr. R.V. Karnan, S/o.Not Known to the petitioner, The Collector & District Execulive Magistrate, Mancherial district.
...PROPOSED IMPLEADED CONTEMNOR No.3 Petition under Order 1 Rule 10 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to implead Sri. R.V.Karnan, Collector and District Executive Magistrate, Mancherial District as respondent No.3 /contemnor No.3 in the above Contempt Case in CC.No.2376 of 2017 in the interest of justice. Counsel for the Petitioners: SRI SRINIVASA RAO PUTLURI Counsel for the Respondent Nos 1& 2: AGP FOR REVENUE The Court made the following: ORDER I !
I I I l i I I i
/l HON'BLE SRI JUSTICE J. SREENTVAS RAO CONTEMPT CASE No.2376 of 2OL7 ORDER:
This Contempt Case is filed by invoking the provisions under Sections 10 to 12 of Contempt of Courts Act for non-implementation of the order passed by this Court on 2I.ll.2OL6 in W.P.No.398ZS of 2Ot6.
2.
Heard Sri P.Srinivasa Rao, learned counsel for the petitioners and learned Assistant Government pleader for Revenue appearing for the respondents.
3.
Learned counsel for the petitioners vehemently contended that inspite of the specific direction issued by this Court while disposing of the Writ petition on 2l.ll.2016, respondents have not taken any steps to consider the application submitted by the petitioners on I L7.12.2OL5 for correction of entries in respect of the land admeasuring Ac.3.O9 gts. in Sy.No.197 situated at Garimella Village, Mancherial Mandal, Adilabad District (presently Mancherial District), without any valid reasons.
4.
l.earned Assistant Government pleader submits that \ during pendency of the Contempt Case, the State of Telangana, while repealing the pattadar pass Books Act,l97 l introduced Record of Rights under the Telangana Rights in land and pattadar pass Books Act, 2O2O (Telangana Act No.9 of 2O2Ol and also framed Rules uide G.O.Ms.No.4, Revenue(Assignment-l) Dept., dated l2.Ol.2o2l and by virtue of the new enactment and Rules thereunder, the petitioners have to make online application in Dharani portal for correction of entries in respect of the subject property to the District Collector, Mancherial and as soon as the petitioners submits such application, the District Collector, Mancherial District will consider the same in accordance with law.
5.
In view of the sarne, this Court does not find any merit in the Contempt Case and the respondents have not intentionally or willfully violated the order passed by this Court on 2l.LI.2016.
------'
t 6.
Learned counsel for the petitioners submits that petitioners may be granted liberty to submit online application as per Telangana Act No.9 of 2O2O. 7.
In view of the above said submissions, the Contempt Case is closed, granting liberty to the petitioners to make online application invoking the Rules under Dharali portal within a period of four (4) weeks from the date of receipt of a copy of this order and on such application being made, the District Collector, Mancherial is directed to consider the same and pass appropriate orders in accordance with law, within a period of eight (g) weeks from thereafter. No costs.
Pending miscellaneous applications, if any, shall stand closed.
sd/- T.KRISHNA KUi/AR DEPUTY REq$TFAR \v SECTION OtrFICER \ //TRUE COPY// To,
1. The District Collector, Mancherial District'(by RPlPl^. i. o""Ec t"-s;i Srinivasa Rao Putluri' Advocate [o-PUC]
3. Two CCs to GP for Reven'", Hign 6urt for the State of Telangana' [OUTI
4. Two CD Copies Plp/gh \ \"-
HIGH COURT DATED:1510212024
ORDER
CC.No.2376 of 2017 \41 o ,a HE SIA e or Jco 15 APB 2024 -f, {t f4l1r-o SPATC CLOSING THE CONTEMPT CASE