Vikkurthi Purnachander, v. The State of Telangana,

Court: High Court for State of Telangana

Bench: K. SARATH

Judgment date: 2024-02-21

Case summary

High Court for State of Telangana judgment dated 2024-02-21. Vikkurthi Purnachander, v. The State of Telangana,. Read the judgment and case details on...

Judgment text

[ 3302 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO: 25371 OF 2023 Between: Vikkurthi Purnachander, S/o. Ramulu, Aged 34 yrs, Occ. Advocate, Rl/o H. No. B-32l5, Siricilla main road Siddipet Town and District . .. PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secretary, Panchayath Raj Department, Secretariat, Hyderabad. 2 The District Panchayath Officer, Panchayath Raj Department, Siricilla Town, Rajanna Siricilla District. The Panchayath Secretary, Rep. by its Gram Panchayath, Venkatapur Gram 3 Panchayath,- Yellareddypet IV'landal, Raianna Siricilla District 4. Gaddi Devavva, W/o. Dharmaiah, Aged 54 yrs, Occ. House wife, Near Ambedkar Statue, Venkatapur Village, Yellareddypet Mandal, Rajanna Siricilla District - 505301. R4 is impleaded as per C. O. dt. 12. 12. 2023 in lA No. 212023 ..

RESPONDENTS Petition under Article 226 oI lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order, writ or direction more particularly one in the nature of writ of mandamus declaring the Proceedings issued by the Respondent No. 3 in Vide Lr. No. GPl24l2o23 dated 13',04-2023 as illegal, arbitrary, u nconstitutional and violation of Article 14, 21 and 300-4 of lndian constitution and consequently direct the Respondents to effect the I\,4utation and for Assessment of Property tax in favour of the petitioner for H. No. 2-90, situated at Venkatapur Gram Panchayath, Yellareddypet Mandal, Rajanna Siricilla District' 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 Suspend the Proceedings issued by the Respondent No. 3 in Vide Lr. No.

GP/ 24l 2023 daled 13-04-2023, pending disposal of main writ petition. Counsel for the Petitioner: SRI JANARDHAN GOUD SUNKARI Counsel forthe Respondent No. 1 & 2:AGP FOR PANCHAYAT RAJ-RURAL DEV Counsel for the Respondent No. 3: SRI P. KISHORE RAO, SC FOR ZILLA PARISHADS The Court made the following: ORDER THE HON'BLE SRI JUSTICE K. SARATH WRIT PETITION No. 25371OF 2023 ORDER: This Writ Petition is filed, under Article 226 of Constitution of India, seeking the following reliet "... to pass an order, writ or direction more particularly one in the nature of writ of mandamus declaring the Proceedings issued by the Respondent No. 3 in Vide Lr. No. GP /24 /2023 dated. 73. 04. 2023 as illegaI. Arbitrary. unconstitutional ald violation of Articles 14, 21 ald 300-A of Indian Constitution ald consequently direct the Respondents to effect the Mutation ald for Assessment of Property tax in favour of the petitioner for H-No.

29O, situated at Venkatapur Gram Panchayath, Yellareddypet Manda1, Rajalna Siricilla District ald pass... " 2. Heard Sri Sunkari Janardhan Goud, learned Counsel for the petitioner, learned Assistalt Government Pleader for Panchayat Raj and Rural Development appearing for respondent Nos. 1 and 2 ald Sri p. Kishore Rao, learned Standing Counsel for Zllla Parishads for respondent No. 3. 3. Learned counsel appea-ring for the petitioner would submit that the petitioner was absolute owner ald possessor of the propert5r bearing house No. 2-90, . / admeasuring an extent of 211. 75 Sq. Yds. , situated at Venkatapur Village, Yallareddypet Mandal, Rajanna Sircilla District, having purchased the same from his mother through registered Sale Deed bearing No. 13294 of 2019, dated 06. 72. 2079, on the hle of the Sub-Registrar, Sircilla. 4. The learned counsel for the petitioner submits that after purchasing the said propert5r, the petitioner made al application to the respondent No.

3-the Palchayat Secretary, to effect the mutation and for assessment of property tax certihcate and the said application was forwarded to Gram Panchayat with reference No. 1O7 successfully ald the sajne was approved as pal. rnent completed. Subsequently, on 05. 09. 2022, the petitioner made a detailed representation to the respondent No. 3 to effect the mutation and for assessment of propert5r tax certificate in his favour for the said house No. 2-90 of Venkatapur Village. In view of the pendency of the said representation, the petitioner approached this Court by lrling Writ Petition No. 56B of 2023 and this Court, uid. e order, dated 06. O1. 2023, disposed of the petition said Writ directing the respondents to pass orders on representation of the petitioner, dated 05. 09. 2022, within a period of hfteen (15) days from the date of receipt copy of the said order and communicate the same to petitioner. 5. The learned counsel for the petitioner further submits that the respondent No.

3 issued notices to petitioner on 01. 04. 2O23 and 11. O4. 2023 vide letter Nos. 19 and 24 of 2023 stating that the application of petitioner was rejected due to certain objections and requested to submit his original documents. ThereaJter, the respondent No. 2-the District Panchayat Offrcer addressed a letter to the respondent No. 3 Lr. No. R2l33612O23-P, dated 72. O4. 2023 and directed resolve the issue and intimate the same. In view of same, the respondent No. 3 issued the present impugned order uide Lr. No. GP/24 /2023, dated 13. 04. 2023, stating that basing on the objection raised by Sri Gaddi Dharmaiah s/o Rajaiah, the said objection was discussed in the general body meeting of the Gram Panchayat, dated 11. O4. 2O23 and the respondent decided not to mutate the said H. No. 2-90 in favour petitioner. 6.

The learned counsel for the petitioner further submits that the impugned order is totally contrary to as the same is passed in a biased manner unilaterally collusion with the Villagers by creating fabricated documents, without issuing the copy of a_lleged objections and without giving arr opportunity of hearing to petitioner by ignoring the fact that the petitioner holding registered Sale Deed as a bonaf. de purchaser and paid taxes for Gram Panchayat mutation fee payment and same was accepted by the respondent No. 3 and the same was approved as payment completed on 16. 0I. 202l. Therefore, he requests to a_llow the petition Writ by setting aside the impugned proceedings, dated 13. O4. 2023, issued by the respondent No. 3. 7. On the other hand, Iearned Standing Counsel appearing for the respondent No. 3, basing on counter, submits that in pursuance of the objections raised by Smt.

Gaddi Devar,wa, the mutation sought by petitioner was rejected by conducting enquiry with neighbourhood and informed that father of the petitioner namely Sri Vikkurthy Ramulu during his life time sold away the old house to Smt. Gaddi Devavva executing a Sale Deed on Non-Judicial paper Stamp worth Rs. 2O/- on 2O. 1 1. 2000 and since the date of purchase, the said Smt. Gaddi Devawa and her family are residing therein till today. This fact has been confirmed neighbours and elders in the village. The petitioner is not resident of Venkatapur Village and he has come up with false claim as an afterthought. On proper verification enquiry only, the respondent No. 3 rejected the claim the petitioner for mutation of house as there are riva_l claims and the alleged Sale Deed executed in the year 2079 r. e. , a-fter two (02) decades of purchase by the said Smt. Gaddi Devawa.

The petitioner ought to have move civil Court for his title on the house or at least he should have approach Lhe District Collector by way of Appeal against the orders of rejection of mutation as per the Telangana Palchayat Raj Act, 2018 ard without availing the same, the present Writ Petition is filed and prayed this Court to dismiss the Writ Petition as not maintainable. 8. After hearing learned counsel on both the sides and perusing the records, this Court is of the considered view that the petitioner purchased the subject property ttrrough the registered Sale Deed dde document No. i3294 of 2079 on the hle of the Sub-Registrar, Sircilla, on 06. 12. 2019 and the petitioner submitted an application for the mutation of records, along with the relevalt documents, moreover, the name of the mother of the petitioner was shown as the owner of the house as per the house tax assessment details issued by the respondent-Gram Panchayat, dated 07. O4.

2O12 and the payment receipt was a-lso hled by the petitioner showing that the respondent-Gram Panchayat received the amounts on the name of the mother of the petitioner on I5. O9. 2O23 as per assessment No. 245. The petitioner also submitted his explanation to the notices issued by the respondent-Gram Panchayat. 9. The respondent authorities without conducting any enquiry in the presence of the petitioner have issued the impugned proceedings for rejecting the mutation of records stating that on enquiry, one Sri Gaddi Dharmaiah purchased the property from the father of the petitioner on 15. O4. 2006, but, in the counter afhdavit, the respondent No. 3 stated that one Smt. Gaddi Devawa purchased the house property from the fathq of the petitioner on 20. 11. 2000 and both are contradicting to I each other and at no point of time, the respondent No. 3 I conducted enquiry in the presence of the petitioner 10.

In view of the same, the impugned order is liable to be set aside as the same was against the principles of natural justice and the respondent-Gram Panchayat has taken one or two contradictory stands with regard to the ownership of the property and the sarne are contrary to the records. Thereflore, the same is liable to be set aside. 11. In view of the above findings, this Writ petition is disposed of by setting aside the impugned ord. er uide Lr. No. GP/2412023, dated L3. O4. 2O23, issued by the respondent No. 3 and the respondents are directed to effect the mutation in favour of the petitioner for H. No. 2-90 situated at Venkatapur Gram palchayat. No costs. Miscellaleous petitions, if any, pending shall stand closed RAO sD/- N. CHANDRA SEKHAR / ASSISTANT REGTSTRAR / I l_4 //TRUE COPY// SECTION OFFICER To, Raj Department' Secretariat' 1. The Principal Secretary, Panchayath Hyderabad, State of Telangana Officer, Panchayath Ra.

i Department' Siricilla Town' 2- The District Panchayath Raianna Siricilla District. Gram Gram Panchayath' Venkatapur 3. The Panchayath Secretary' -p. icnivrif,, Vettireoovpet Mindal, Rajanna Siricilla District' IOPUC] 4. One CC to SRI JANARDHAN GOUD SUNKARI' Advocate RAO' SC FOR ZILLA PARISHADS [OPUC] 5 One CC to SRI P. KISHORE 6. TwoCCstoGPFoRPANCHAYATRAJRURALDEV,HighCourtforthe - State of Telangana at Hyderabad [OUT] 7. Two CD CoPies BSR $ KKS I I HIGH COURT DATED: 2110212024 z 1Hi: Sf4f B . 1.. o 6 (1\ > I ,j 16 APB 20a z o -l ORDER rf ,'-lr. -Pl;cH'- o \::= -r:-' WP. No. 25371 ot 2023 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS (gq'' I I t : i W I I ' i

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