Allowed

Late Seetharama Rao v. the State of Telangana

Telangana HC27 Aug 2020WP/12819/2020

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a writ petition challenging the refusal to record names in revenue records. Quashing the impugned order, the Court directed the Tahsildar to consider the mutation application afresh after notice to interested persons within three months.

What did the court decide?

Impugned order set aside; 4th respondent directed to record names after notice to interested parties within three months.

Late Seetharama Rao Vs the State of… — Constitutional and Fundamental Rights | Telangana HC (2020)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY

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PRESENT

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THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY

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WRIT PETITION NO: 12819 OF 2020

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Between:

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Naraparaju Anasuyamma, W/o,Ranga Rao, aged about 71 years, Occ: House hold, R/o.Janpad Village, Neducherla l,4andal, Suryapet District.

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Naraparaju Lakshminarasimha Rao, S/o.late Seetharama Rao, aged about 76 years, Occ: Retd. Teacher, Fl/o.Kothagudem Village and l,4andal, BhadradriKothagudem District.

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Naraparaju Ramchandar Rao, Sio.late Seetharama Rao, aged about 68 years, occ: agricultural, R/o.Kothagudem village and mandal, Bhadradri- Kothagudem District.

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Naraparaju Karuna Devi, W/o.late Subba Rao, aged about 59 years, Occ: House Hold, R/o.Kothagudem Village and mandal, Bhadradri-Kothagudem District.

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Naraparaju Venkata Srinivasa Rao, Sio.late Seetharama Rao, aged about 59 years, occ: Employee, R/o.Kothagudem Village and [t4andal, BhadradriKothagudem District.

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Naraparaju lndira Kumari, D/o. late Seetharama Rao, D/o.late Seelharama Rao, aged about 71 yearc, occ: House Hold, R/o.Shansher Ganj, Hyderabad, Ranga Reddy District.

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,.,PETITIONERS

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AND

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The State of Telangana, Rep. by its Principal Secretary Department of Revenue, Secretariat Buildings, Saifabad, Hyderabad.

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The District Collector, Khammam, At Khammam, Khammam District.

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The Revenue Divisional Officer, Kalluru Division, At Khammam, Khammam District

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The Tahsildar, Enkoor [Mandal, At Enkoor, Khammam District.

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The Superintended Engineer, lrrigation Branch, Khammam, at Khammam District.

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...RESPONDENTS

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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^pleasedto issue a Writ of [,4andamus declaring^proceedings of 4th respondent^Vide Rc.No.8/698/2019 Dated 1010312020 which is served on 0710712020, in refused^to record the Petitioners name in revenue records^pursuant to application^Dated 0110212020 for mutation of their name in revenue records covered^{in the Pattaland} admeasuring Ac.76.23^gts in Survey Number No.32 situated at^{Tutukulingannapeta} Village, Enkoor l,4andal, Khamma District, on the^ground that^{The Government} execute repair work under the Scheme of^{[r,4ission Kakatiya fundsin petitioners} Private lands same is arbitrary, illegal and contrary to the^{TelanganaRight in land} and Pattadar Pass Books act 1971 and contrary to^{Telangana area lrrigationact 1357} F and violative of Articles 14,21 and 300-A of the^{Constitution of lndia.And} consequently to set-aside^proceedings Dated^{'10/03/2020 videRc. No.8/698/20'19on} the file of Respondent No,4 and direct the^{Respondentsto record Petitioners namein} the said columns and all relevant registers

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lA NO: 1 OF 2020

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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 of 4th respondent Vide Rc. No. B/ 69812019 Dated 10103/2020 and direct the Respondents to record the Petitioners name in the relevant revenue records, pending disposal of the main writ petition

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Counsel for the Petitioners : M/s. S.VIPLAVA SIMHA REDDY

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Counsel forthe Respondents:GP FOR REVENUE

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

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WRIT PETITION No.12819 of 2O2O

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ORDER:

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Heard the learned counsel for the petitioners and the learned Government Pleader lor Revenue for respondents. With their consent, the Writ Petition is disposed of at the stage of admission.

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This Writ Petition is liled challenging the proceedings of the lourth respondent vide Rc.No.B/698/2019, dated 10.03.2020, in relusing to record the names of the petitioners in the revenue records pursuant to application dated 01.02.2020 for mutation of their names in the revenue records covered in the patta land admeasuring Ac.76-23 guntas in Sy.No.32, situated at Tutukulingannapeta Village, Enkoor Mandal, Khammam District.

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A perusal of the order of the fourth respondent shows that the application of the petitioner was rejected on the ground that the lrrigation Authorities have spent money in strengthening the lake. Admittedly, the lands are shikam patta land. This Court has held in catena of^judgments that even in the tank bed area, the ryots^{will be granted pattas which are popularly called as "shikam} pattas" and the pattadars can cultivate the same u'henever the water recedes in the tank bed become dry, Merely bccause thc Irrigation Authorities have spent some amount for cleaning the lake and strengthening the bund and other u.'orks have takcn place, the lourth respondent cannot reject the application of the petitioner for mutation.

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As the reasons given by the fourth respondent are not legall)' valid and inconsonance with the provisions of the Act and^the

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judgments of this Court, the impugned order is set aside and the fourth respondent is directed to look into the matter afresh and pass appropriate orders on merits, strictly in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. lt is needless to mention that the fourth respondent belore passing any orders shall put the petitioners as well as any other inlerested persons on notice and give them an opportunitlr ol hearing. A copl of the order passed by the fourth respondent u,ill be communicated to the parties.

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The miscellancous peLitions pending, il anl', sha11 stand closed. There shall he no order as to costs.

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SD/-N.CHANDRA SEKHAR RAO ASSISTANT RE S //TRUE COPY//

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SECTI

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