Writ petition seeking injunction against alienation of land dismissed because the petitioner lacked a title deed to prove ownership. Petitioner was advised to pursue remedies in civil or revenue forums.
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H'GH COURT FOR THE S'I (sr;"il rrAISi 3j f ,!S".,flf Ar HyD E RABA D
MONDAY, THE E rw o' ii b1ilffi IIB,]+,".iffS ro B E R
PRESENT
THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY
Between:
WR|T pETtTtON NO; 2567a OF 2021
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AND
..,PETITIONER
...RESPONDENTS
' Petition under Articre .rz,a .ot the constitution.of rndia praying that in the crrcumstances stated in the affioavir iireo tnlr"i,*,,'ii" High court may be preased to rssue an appropriate writ..order o. oirection more particularry one in the nature ot writ of Mandamus decraring the i.""ti".'"i'iiJ lespondents in considerinq the representations of the oetitioners dated-rit\tiiorz, 2Sro1r2o18. O'loeliora, 03t0612021. Bto,t2o21 ind 2.srsr2obi-L #p'irre iregar arienation of rand admeasurino Ac.3_06 ors in Sy.No.SB. prtt, fV".5i siruateO at Khammam Nacharam Village, Doma tr/andarlVikara6ao, n.i.orsiri.i';;;;r,. of any third parties as iregar, arbitrary, capricious and vioration "r "ri """""r oi'r"r,,. ptry and naturar justice and consequenily to direct the respondents not to oriporu. the petitioner from the rand admeasuring Ac.3-06 ots in Sy.No.58 prtt, f.1..il,ituated at Khammam Nacharam Village, Doma Mandal,-Vikarabad. R.R.District.
lA NO: 1 oF 2021
Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, tn6 Hfth corrt may be preased to direct the respondents not to entertain any sare transaJtions in favour oi ,"v ir,iro pu.tl. i" respect of land admeasuring Ac.3-06 gts in sy.No.sB, patta r.ri,.s+ iiiiuo ,t Nacharam viltage, Doma tvtanoar, Vikara-bad, n.n.oistrict pending airpoi-oi-,uin writ petltion in the interest of justice.
IA NO: 2 oF 2021
Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, tn6 High cou,t may be pleased to direct the respondents not to disposes the petitioner from the land admeasuring nc.e-06 gts in sy.No.SB, Patta No.34 situated at Nacharam village, Doma Man"dal, Vikarioao, R.R.District pending disposal of main writ petition in the interest of justice.
Counsel for the Petitioner: SRl. KGANI REDDy Counsel for the Respondent Nos. 1 to 4: Gp FOR REVENUE Counsel forthe Respondent No. 5: NONE APPEARED The Court made the following: order
t I
THE HON'BLESRI JUSTICE A'ABHISHEKREDDY WRITPETITIONN o.25674of 2021
ARD-ER:
1le'arclthe learned counsel for the petitioner and the learned GovernmentPleaderfor Revenuefor respondent Nos'1to 4 With their consent,the Writ Petition is disposed of at the stage of admission.
This writpetition is filed seetcing a writ of fiandamusdeclaring the inactionofthe official respondents inconsidelingthe representationsof the petitioner, the latest being dated29'09'2021''to stop theillegal alienation of the 1and, admeasuringAcs'3 06 guntas in SurveyNo.58, Patta No.34,situatedat KhammamNacharam Vitlage, l)onraMandai, Vikarabad,RangaReddy District' in favour of third parties, asillegal and arbitrary.
'l'he' learnecl counsel for the petitioner submits that though the petitioner has share in thesubject ProPerly,his elder brother- Gangappa, in collusion withthe then Tahsildar,got mutatedthe entire subject land and enteredthe name of his son- Ramesh Babu, who is the husband of respondentNo.5, in the Revenue Recolds' The iearned counsel further submltstl'rat the respondentNo.5 is trying to alienate the subject Property on thebasis of illegal mntation, and therefore, the petitioner has givenseveral representations to the official r'espotrdentsrequestingthem not to entertain any sale deeds in respect of the subject proPerty.But the official respondents are not consiclering the said representations.
2
Therefore' the jearned counser prays this Court to direct the officia.l respondents to consider the representafion of the r_,4.!qu.J1r ur me petitioner at the earliest.
\
Admittedly, the petitioner is not having any title deed to shorn, that he is the owner of the subject property. Therefore, the relief soughi for by the petitioner cannot be granted.
The writ petition is devoicl of merit and the same is, accordingly, dismissed. However, if the petitioner is so advisecl, l.re can challenge the mutation made in favour of the l_rusbancl of respondent No.5 before appropriate forum; or if he claims anv share in the subject property, he can avail the remedies either before tl_re Civil Court or before the Revenue Authorities.
The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
l
SO/.K.SAILESHI ASSISTANT REGISTRAR //TRUE COPY//
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To,
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HIGHCOURT
DATED:11t1012021
ORDER
STATE
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WP.No.25674of 202'l
Dismissingthe WP, Without costs.
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3 issues framed by the court
Whether the petitioner can be granted relief in a writ petition for Mandamus to stop illegal alienation of land where the petitioner has no title deed to prove ownership.
Whether the petitioner can challenge a mutation made in favour of another party in the revenue records.
Whether the petitioner has any remedy available in civil or revenue authorities.
Petitioner
State of Telangana
Justice A. Abhishek Reddy
As recorded by the court registry
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