TELUGU , MANCHALA RADHAMMA v. THE STATE OF TELANGANA

Court: High Court for State of Telangana

Bench: C.V. BHASKAR REDDY

Judgment date: 2024-12-16

Case summary

High Court for State of Telangana judgment dated 2024-12-16. TELUGU , MANCHALA RADHAMMA v. THE STATE OF TELANGANA. Read the judgment and case details on...

Judgment text

[ 3296 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENry FOUR . PRESENT THE HONOURABLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION NO:9588 OF 2023 Between: 1. TELUGU @ MANCHALA RADHAMMA, Wo Late Telugu Narayana,. Aged about B0 years, Occ. Agriculture, Fl/o H. No. 1-31 , Bodajanampeta Village, Balanagar Mandal, Mahaboobriagar District. 2 TELUGU @ MANCHALA SATHAIAH, S/o Late Telugu Narayana, Aged about 60 years, Occ. Agriculture, R/o H. No. 1-22, Bodajanampeta Village, Balanagar Mandal, Mahaboobnagar District. 3. TELUGU @ MANCHALA ANJANEYULU, S/o Late felugu Narayana,. Aged about 52 years,. Occ. Agriculture, R/o H. No. 1-31, Bodajanampeta Village, Balanagar Mandal, Mahaboobnagar District. 4. TELUGU @ MANCHALA KRISHNAIAH, S/o Late Telugu Narayana,. Aged about 46 years, Occ. Agriculture, R/o H. No. 1-31, Bodajanampeta Village, Balanagar Mandal, Mahaboobnagar District. ...

PETITIONERS AND 1 THE STATE OF TELANGANA, Rep by its Principal Secretary. Department of Revenue, Secretariat, Hyderabad. 2. fHE DISTRICT COLLECTOR, Mahaboobnagar District, At. Mahaboobnagar District. 3. THE REVENUE DIVISIONAL OFFICER, Mahaboobnagar Division, Mahaboobnagar District. 4. THE TAHSILDAR, Balanagar Mandal, Mahaboobnagar District. 5. P. VENKAT SURYA RAO, S/o P. Rajeshwar Rao, Rl/o Bodajanampeta Village, Balanagar Mandal, Mahaboobnagar District. 6. P. RAMCHANDER RAO, S/o P. Rajeshwar Rao, Rl/o Bodajanampeta Village, Balanagar Mandal, Mahaboobnagar District. 7. P. KISHAN RAO, S/o P. Rajeshwar Rao, Rl/o Bodajanampeta Village, . Balanagar Mandal, Mahaboobnagar District. 8. P. MADAN MOHAN RAO, S/o P. Rajeshwar Rao, Rl/o Bodajanampeta Village, Balanagar Mandal, Mahaboobnagar District. 9. GUDISE NARSIMULU, S/o Late Jangaiah, Aged about 60 years, Occ. Agriculture, Rl/o Bodajanampeta Village, Balanagar Mandal, Mahaboobnagar District. ...

RESPONDENTS 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 of Mandamus or any other appropriate writ or writs, order or orders, declaring the high-handed and illegal action of the Respondents more particularly the Respondent No. 4 in not considering the Application filed under Section 35 of Telangana Tenancy and Agriculture Act, 1950 submitted by the Petitioners to issue Occupancy Certificate by decla. ring them as protected . 1 Tenants in respect of land admeasuring Ac. 34. 05 Gts in Sy. Nos. 1. 1 , 112, 113, 114, 115 and 134, situated at Bodajanampeta Village, Balanagar Mandal, Mahaboobnagar District apart from submitting the application under Section 32 .

l ( 1 ) of the Telangana Tenancy and Agriculture Act, 950 seeking to take the possession as it being illegal, arbitrary, unconstitutiona I and in violation of principles of natural justice and also in violation of procedure laid down under Law and consequently direct the Respondents to issue Occupancy Certificate by declaring the Petitioners as Protected Tenants over the above said property. lA NO: 1 OF 2023 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 DlREcr the Respondents not to dispossess petitioners the from the subject Property i. e. , land admeasuring Ac. 34. 05 Gts in Sy. Nos.. l 11,112, 113, 114, 115 and 134, situated at Bodajanampeta Village, Balanagar Mandal, Mahaboobnagar District while interfering with their peaceful possession pending disposal of the application before the Respondent No. 4. lA NO: 1 OF 2024 Between: 1. P. Venkat Surya Rao, S/o P.

Rajeshwar Rao, aged about 94 years, Occ: Agriculture, Rl/o Bodajanampeta Village, Balanagar Mandal, Mahaboobnagar District. 2. P. Ramchander Rao, S/o P. Rajeshwar Rao, aged about 73 years, Occ: Agriculture, Rl/o Bodajanampeta Village, Balanagar Mandal, Mahaboobnagar District. 3. P. Kishan Rao, S/o P. Rajeshwar Rao, aged about 70 years, Occ: Agriculture, R/o Bodajanampeta Village, Balanagar Mandal, Mahaboobnagar District. 4. P. Madan Mohan Rao, S/o P. Rajeshwar Rao, aged about 68 years, Occ: Agriculture, Ri. /o Bodajanampeta Village, Balanagar ,Mandal, Mahaboobnagar District. ... PETITIONERS AND 1. Telugu @ Manchala Radhamma, W/o Late Telugu Narayana, Aged about B0 years, Otc. Agriculture, Fl/o H. No. 1-31, Bodajanampeta Village, Balanagar Mandal, Mahaboobriagar District. 2. Telugu Manchala Sathaiah, S/o Late Telugu Narayana, Aged about 60 @ years, Occ. Agriculture, R/o H. No. 1-22, Bodajanampeta Village, Balanagar Mandal, Mahaboobnagar District. 3.

Telugu @ Manchala Anjaneyulu, S/o Late Telugu Narayana, Aged about 52 years,. Occ. Agriculture, Rl/o H. No. 1-31 , Bodajanampeta Village, Balanagar Mandal, Mahaboobnagar District. 4. Telugu @ Manchala Krishnaiah, S/o Late Telugu Narayana, Aged about 46 years, Occ. Agriculture, R:/o H. No. '1-31, Bodajanampeta Village, Balanagar Mandal, Mahaboobnagar District. 5. The State Of Telangana, Rep by its Principal Secretary. Department of Revenue, Secretariat, Hyderabad. 6. The District Collector, Mahaboobnagar District, At. Mahaboobnagar District. 7. The Revenue Divisional Officer, Mahaboobnagar Division, Mahaboobnagar District. 8. The Tahsildar, Balanagar Mandal, Mahaboobnagar District. 9. Gudise Narsimulu, S/o Late Jangaiah, Aged about 60 years, Occ. Agriculture, Rl/o Bodajanampeta Village, Balanagar Mandal, Mahaboobnagar District. ...

RESPONDENTS 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 vacate the interim order dated 10. 04. 2023 passed in W. P. No. 9588i2023 pending disposal of main writ petition. Counsel for the Petitioner No. 'l: SRI G. RAJESHWAR REDDY Counsel for the Petitioner No. 2 to 4: SRI P. GlRl KRISHNA Counsel forthe Respondent No. 1 to 4: AGP FOR REVENUE Counsel for the Respondent No. 5 to 8: SRI M. DAMODAR REDDY The Court made the following: ORDER . ^ THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION No. 9588 of2O23 OEDER: It is stated that the petitioners are the protected tenants over the lands admeasuring Ac. 34. 05 gts. , in Sy'Nos' 111, 112, 113, 114, 115 and 134, situated at Bodajanampeta Village, Balanagar Mandal, Mahaboobnagar District.

It is further stated that Manchala originally, the name of their father, late Telugu @ Narayana, was recorded in the pahani patrikas from 1973-74. theY entitled for issuance of According to the elre Petitioners, provisions oi the Telangana Occupancy Certificate as the Per 1950') Tenancy and Agricultural Lands Act, 1950 (for short, 'Act, the also consequential delivery of and Rules made thereunder and also possession by the Tahsildar and recovery of the possession from the pattadars or the persons who are in occupation of the subject property under Section 32 of the Act, 195O' It is also their case that they have submitted an application on the file of the respondents for delivery of the possession as well as. issuance of Occupancy Certificate and the said application has not been considered by the respondents so far. learned counsel aPPearing for 2. Sri Damodar ReddY, vehementlY contended that the respondent Nos.

5 to 8 has Wp_9588 2023 petitioners are entitled to make an application as per Section 35 of the Act, 1950, within one year from the date of the Act in force, however, neither the petitioners nor their father hled . any application before the competent authority under the provisions of the Act, 1950 either for issuance of Occupancy Cerlificate or for delivery of the possession. 3. Considered the submissions of the learned counsel for the respective parties and perused the record 4. The issues with regard to whether the petitioners are the protected tenants of the subject lands and whether they are entitled for issuance of Occupancy Certiircate or not are required to be examined by the competent authority duly taking into consideration of the protected tenancy register and other documents.

This Court, without expressing any opinion on the merits of the matter, deems it appropriate to direct the respondents to examine the representation submitted by the petitioners and pass a reasoned order after issuing notice to all the persons who are interested/ affected by granting of Occupancy Certificate in favour of the petitioners. The said exercise shall be completed within a period of six (06) months from the date of receipt of a copy of this order. I l Wp_958E 2023 5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand ciosed. SD/-A. V. S. PRASAD ASSISTANT\REGISTRAR ) //TRUE coPY// sEcTroN oFFlcER To, '1 . The Principal Secretary. Department of Revenue, Secretariat, Hyderabad, State Of Telangana. 2. The District Collector, Mahaboobnagar District, At. Mahaboobnagar District. 3. The Revenue Divisional Officer, Mahaboobnagar Division, Mahaboobnagar District. 4.

The Tahsildar, Balanagar Mandal, Mahaboobnagar District. 5. One CC to SRI G. RAJESHWAR REDDY, Advocate [OPUC] 6. One CC to SRI P. GlRl KRISHNA, Advocate [OPUC] 7. One CC to SRI M. DAMODAR REDDY, Advocate [OPUC] 8. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] 9. Two CD Copies BSR BS \y \ I HIGH COURT DATED: 1611212024 1 H F. S I,4 ( /6. d g 0 JAil zozs ORDER t * I PA c-o T cll WP. No. 9588 of 2023 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS @ W

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