This court dismissed the writ appeal where the appellant challenged the dismissal of her writ petition regarding delay in mutation of her name and issuance of pattadar pass book and title deeds. The lower court upheld the rejection due to suppression of earlier litigation history and res judicata principles.
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HON’BLE THE ACTING CHIEF JUSTICE DILIP B.BHOSALE AND
HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT APPEAL No.478 of 2016
Date: 22.06.2016
Between:
Smt Vasam Tulasamma (surrendered Naxalite) W/o Md.Yousuf Khan, Aged about 51 years, Occu: Social Worker, r/o. H.No.4-136, Ramnagar Village, Miryalaguda Road, Nalgonda Town, Nalgonda District.
…..Appellant/ Petitioner
and The State of Telangana, rep.by its Principal Secretary, Revenue Department, Secretariate, Hyderabad and others.
…..Respondents/ Respondents.
The Court made the following:
HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON’BLE SRI JUSTICE P. NAVEEN RAO
WRIT APPEAL No.478 of 2016
PC: (Per the Hon’ble Sri Justice P.Naveen Rao)
Petitioner/appellant filed W.P.No.33759 of 2014 praying to declare the inaction of the respondents in mutating the name of the petitioner in revenue records and to issue pattadar pass book and title deeds in respect of the land admeasuring Ac.2.26 guntas in Sy.Nos.80, 80/A and 80/B of Shanthinagar, Hyderkhanguda Village, Nalgonda Mandal and District in spite of submission of representation on 28.10.2014. The instant writ petition was dismissed by the order impugned in this appeal on the ground, firstly suppression of material information regarding the earlier round of litigation including institution of W.P.No.23679 of 2014 by the petitioner and dismissal of the said writ petition; and secondly, that the earlier order of this Court in W.P.No.23679 of 2014 operates as res judicata and petitioner cannot invoke jurisdiction of this Court repeatedly on the same issue.
2. It appears that the Joint Collector, Nalgonda, vide his proceedings bearing No.E3/2826/2014, dated 28.07.2014, rejected the request of the petitioner to grant necessary certificate of patta after mutation of her name in the revenue records. Aggrieved by the said decision, petitioner filed W.P.No.23679 of 2014. Having considered the history of litigation on the subject properties, learned single Judge of this Court, by order dated 15.09.2014, dismissed the writ petition upholding the decision of the Joint Collector. The said order has become final as no further appeal was preferred. As noted in the order under appeal, father-in-law of the petitioner was unsuccessful in L.G.C.No.2 of 1996 alleging land grabbing by the Little Flower School and it was dismissed on 25.10.2000 holding that subject land was sold by the father-in-law of the petitioner and revenue records also reflect the ownership in favour of Little Flower Vignana Mandhir. The husband of the petitioner instituted O.S.No.12 of 2007 on the file of Junior Civil Judge, praying to grant perpetual injunction on 900 square yards, which was dismissed. The husband of the petitioner filed W.P.No.2961 of 2010 complaining of unlawful possession of the land to an extent of Ac.2.20 guntas in Sy.No.80. Though interlocutory relief was granted, but subsequently the same was dissolved. W.A.No.878 of 2010 filed against the order in the said
writ petition was dismissed. In W.P.No.23679 of 2014, having noted the history of litigation, learned single Judge found fault with the petitioner in repeatedly approaching the Court and perpetuating litigation in spite of finality having been reached by the various proceedings.
3. In the affidavit filed in support of the instant writ petition, petitioner has not disclosed the filing of earlier writ petition and the result thereon. After the disposal of the earlier writ petition on 15.09.2014, petitioner claim to have submitted representation on 28.10.2014 for the very same relief and within less than 10 days, the instant writ petition is filed.
4. Having regard to these facts, we do not see any error in the decision arrived at by the learned single Judge warranting interference. Writ Appeal
is accordingly dismissed.
Miscellaneous petitions, if any, stand dismissed. No cots.
___________________________ DILIP B. BHOSALE, ACJ
P.NAVEEN RAO, J Date: 22.06.2016 kkm
HON’BLE THE ACTING CHIEF JUSTICE DILIP B.BHOSALE AND HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT APPEAL No.478 of 2016
Date: 22.06.2016
kkm
3 issues framed by the court
Whether the writ petition complaining about inaction in mutating name and issuing title deeds in revenue records be allowed.
Whether the order dismissing the writ petition calling it sura judicata and correcting suppression of material facts be disturbed.
Whether interference in the order dismissing the writ petition for lack of error in the decision be warranted.
Smt Vasam Tulasamma
State of Telangana
DILIP B.BHOSALE
P.NAVEEN RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
