Kotha Thirupathi Reddy v. The State of Telangana

Court: High Court for State of Telangana

Bench: C.V. BHASKAR REDDY

Judgment date: 2024-12-26

Case summary

High Court for State of Telangana judgment dated 2024-12-26. Kotha Thirupathi Reddy v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

[32e61 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY,THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR-, PRESENT THE HONOURABLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION NO: 36341 OF 2024 Between: Kotha Thirupathi Reddy, S/o. Padmanabha Reddy, Occ. Agriculture, Aged about 57 yeirs, H. No. 3-15/1 , Eklaspur, V- Saidapur (M) Karimnagar District. .. ,PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secretary, Revenue l I Department, Secretariat Building, Hyderabad. 2 The District Collector, Karimnagar District. 3 The Joint Collector, Karimnagar District. 4 The Revenue Divisional Officer, Karimnagar, Karimnagar District. 5 The Thaasildar, V - Saidapur Mandal, Karimnagar District. 6 Padmanabhuni Subramanya Gupta, S/o. Balanagishetty, Aged about 67 years Fl/o. Somaram Village, V-Saidapur Mandal, Karimnagar District. 7 Donekana Kanakaiah, Sio- Ramaswamy, Aged about 50 years, R/o.

Somaram Village, V-Saidapur Mandal, Karimnagar District. ... RESPONDENTS Petition under Article 226 oI 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 of Mandamus, or any other appropriate writ, order or direction, declaring the action of the Sth respondent in not deciding and disposing of the claims made by the respondent No. 6 and 7 for validation of simpile sale deeds in respect of land to an extent of Ac. 2 - 23 guntas situated in Sy. No. 26lA, of Somaram village, V-Saidapur Mandal Karimnagar district as directed by the 3rd respondent vide Order dL. 22. 07. 2019, in File No' D1/5369/2012, as arbitrary, illegal and consequently direct the Respondent No. 5 to dispose of the claims made by the respondent No. 6 and 7 for vafidation of simple sale deeds in respect of land to an extent ot Ac. 2 - 23 guntas situated in Sy'No.

26lA, of Somaram village, V - Saidapur Mandal Karimnagar district as directed by the 3rd respondent vide Order dt. 22. 07. 2019, in File No. D11536912012 lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in supoort of the petition, the High court may be pleased to direct the Respondent No. 5 to dispose of the claims made by the respondent No. 6 and 7 for validation of simple sale deeds in respect of land to an extent of Ac. 2 - 23 guntas situated in Sy. No. 2614, of Somaram village, V. Saidapoor,- Mandal Karimnagar district as directed by the 3rd respondent vide Order dt. 22. 07. 2019, in File No. D11536912012, pending disposal of the above writ petition Counsel for the Petitioner:SRt. ANDAPALLI SANJEEV KUMAR Counsel forthe Respondent Nos. 1 to 5: SRI L. RAVINDER AGp FOR REVENUE Counsel forthe Respondent NOs. 6&7: -- The Gourt made the following: ORDER HON'BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION No.

36341 of2024 ORDER This Writ Petition is hled praying this Court to declare the action of respondent No. 5 in not deciding ald disposing of the claims made by respondent Nos. 6 and 7 for validation of simple saie deeds in respect of land admeasuring Acs-2. 23 guntas in Sy. No. 26/A situated at Somaram Viliage, V-Saidapur Mandal, Karimnagar District, as directed by respondent No. 3 uide order, d,ated, 22. 07. 2019 in File No. D1/5369 as arbitrary and l2ol2 illegal and for other appropriate reliefs. 2. It is stated that the petitioner purchased the land admeasuring Acs. 2. 23 guntas in Sy. No. 26/A situated at Somaram Village, V-Saidapur Mandal, Karimnagar District from respondent No. 6 through registered sale deed No. 885 of 201O, d,ated. 28. O4. 2O|O. It is further stated that respondent No. 6, who is the vendor of petitioner No. l and petitioner No. 2 have purchased the said property from one Cherukuri Subba Rao, through sada bainama, dated 2a. O2.

1967, which was regularized in his favour and 13-B and 13-C proceedings have been issued by respondent No. 5 uide proceedings No. B/ 1950/2OO5/ROR, dated 31. O5. 20O8 and his name was Wp_36341 2O24 also recorded zts pattadar in the revenue records ancl pattadar passbook arrd title deed No. 392749 uide patta No. 652 was issued in his favou r under the provisions of the Telangana Rights in Land and Pattadar passbooks .. the Act, l9Z7 (for short Act, 1,977"). lt is further stated that respondent No. 7 also claimed that he had purchased the subject land liom the original pattada,r through sada bainama, dated 25. O6. 19g6 and the same rvers ,zalidated by respondent No. S. uide proceedings No. B/1789 l20Cr9, dated O9. OT. 2OO7. Ir is further stated that questioning the validation of sadabainama in favour of respondent No 7, respondent No. 6 filcd an appea. before respondent No.

z-under Section 5-B of the AcL, 1971, which was disposed ot by cancelling the proceedings issued in frrvour of respondent Nos. 6 and 7 and directed both of them to approach the competent civil Court. Aggrieved by the order of the appellate aurhority, respondent No. 6 fi1ed a revision before respondent No. I| under Section 9 of the Act, 1971 and the petitioner got himself impleaded as party in the sard revision and the said revision was disposed of on 22. 07. 2019, directing respondent No. S-Tahsildar to examine the claims of both the parties i. e. , petitioner and respondent Nos. 6 and r for varidation of sada bainarrra and pass appropriate orders strictly in --Er=|. -y . ,-.. -N! tr- r , i . / Wp_)634r-2024 accordance with the provisions of the Act, 1971' The grievance of the petitioner is that even after the directions issued by the revisional authority, respondent No. 5 has not taken any steps to implement the said directions. 3.

Considered the submissions of the learned counsel for the petitioner, learned Assistant Government Pleader for Revenue I appearing for respondent Nos. 1 to 5 and with their consent this writ petition is disposed of at the admission stage ln view of the relief sought in this writ petition, issuance of notice to the unofficial respondents is dispensed with. 4. Learned counsel for the petitioner has submitted that in view of Covid-2019 pandemic, the petitioner has not submitted the application, thereafter the State Government has replaced the Act, 1971 with the Telangana Rights in Land and Pattadar Passbooks Act,2O2O, therefore, the petitioner has submitted the appiication seeking for implementation of the orders passed by the revisional authority, but the same has not been taken into consideration by respondent No. 5. 5. Sri L. Ravinder, learned Assistant Government Pleader for I Revenue appearing for respondent Nos.

1 to 5, not disputed the { fact of disposal of the revision filed under Section 9 of the Act, 197 t. 1. a . :... :. \il p_3ri341 2O24 6. Be that zrs it may, the grievance of the petitioncr is that cven after the specific directions issued by the revisional authoriry* u_irie order, dated 22. 07. 2019 in Filc No. D115369/ 2012, responclent No. 5 has not taken any s1. eps for implementation of the said order. Therefore, thts Court deems it appropriate to rlispose of the writ petition, directing respondent No. 5 to implernent the order, dated 22. 07. 2019 pa. ssed by respondent. No. 3 as directed by the revisional auLhority after issuing notice tc the petitioner as well as respondent Nos.

6 and 7 and all other persons, who are interested and whose rights have been affec ted by virtue of the amendment/ change of the revenue records and pass appropriate orders in accordance with law and commtrnicate the decision thereon within a period of eight (08) u'e,:ks from the date of receipt of a copy of this order. i 7 . With the :rbove observations, this Writ petition is r,lisposed I I of. Thcre shall be no order as to costs. I I I 8. As a sequel, the miscellaneous petitions pending, if any, I shall stand closr:d. I SD/. T. TIRUMALA,DEVT ASSISTANT REGISTRAR //TRUE COPY// SECTOT,. fS;FICER To, l Depa(ment' Secretariat Building' 1 The Principal Secretary, Revenue HYderabad. I 2. The District Collector, Karimnagar District' Karimnagar District' 3. The Joint Collecbr, I Dist! 'ict' 4. The Revenue Divisional Officer, Karimnagar' Karimnagar I I I I 5. TheThaasildar,V-SaidapurMandal,KarimnagarDistrict. KUMAR Advocate [OPUCI SANJEEV 6.

One CC to SRI' ANDAPALLI of Telangana Court for the State to GP FOR REVENUE 'High 7. Two CCs tourl CoPies B. Two CD KKS BS e I t CC TODAY HIGH COURT DATED:2611212024 i 0 I l Dr! / in. - . l{ 0 3 JAN ? 0? li a) ORDER * WP. No. 36341 ot 2024 r.. tl S P, ,t C'r :,n DISPOSING OF THE WRIT PETITION WITHOUT COSTS v

Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.