This intra-court appeal challenged the High Court single judge's dismissal of a writ petition seeking relief regarding illegal mutation and alienation of inherited agricultural land by respondent No. 6.
The writ appeal was dismissed; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[33e3 ]
HIGH COURT FORTHE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY, THE THIRTEENTHDAYOF DECEMBER TWO THOUSANDAND TWENTY THREE
PRESENT
THE HONOURABLETHECHIEF JUSTICEALOK ARADHE AND
THE HONOURABLESHRIJUSTICEANIL KUMARJUKANTI
WRIT APPEALNO:1157OF 2023
writ Appeal underclause 15 of the LettersPatent prefrerredagainst the order dated la- i-'zozs,in theW.P.No. 25113 of 2023 on the file of the HighCourt'
Between:
Avesha FatimaAmjad, D/o. Late Minhaj Amjad' Aged about 26 yeap' Occ.;Private sffi;;,' H;ia;;i";i'x.i'ios-5-7gi,bnaritiNa-sar, Ameerpet' Hvderabad-^and ft;:lHfr il"d,:trfl*,tr;};.r:fjj,{p?ldlsr;HH"ffii#;;ieil
..APPELLANT/PETITIONER
AND
-' Gc Business, Fyo- H.N-o.6-3-791 , Shanti Nagar, Ameerpet' Hyoeraoao'
.....RESPONDENTS/RESPONDENTS
t.A.NO: 10F 2023
PetitionUnderSectionl5lCPCprayingthatinthecircumstancesstated in the affidavitfiled in supportof the petition,the High Courtmay be pleased to
I I I I ( I I l i I
i I ! ll I i' II t I I ilI r.J
suspend the order passed in wP.No.25113 of 2023, dated 16/1 1t2o23 of the learned single judge, pending disposal of the main writ appeal.
I.A.NO:2 OF 2023
Petition Under Section i 5i cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to grant lnterim orders restraining the Respondent No. 6 or any 3rd party not to alienate any of the schedure property (A) Acres 6g- 03 Guntas of Agriculture lands in survey numberc 121 , 13OlA, 132, 133, 134t11111, 135/1 and 136 of Mudimyal Village of chevella Mandal, Rangareddy District and (B) undivided 50 (PERCENT) share from sare/mortgage/ Lease commerciar space of 3, 330 sFT in Door No. 6-3-802 Zainab Complex, Shanti Nagar, Ameerpet, Hyderabad and commercial space of 6,516 sFT in Door No 6- 3- gol Aeraj Arcade shanti Nagar, Ameerpet, Hyderabad and Commercial space of 1g,000 SFT and Penthouse in Door No. 6-3-793 and rg4 Ameerpet Business complex, shanti Nagar, Ameerpet Hyderabad and commerciar space of 9,go0 SFT in Door No. 6- 3-791 Jaaga Elite one comprex shanti Nagar, Ameerpet Hyderabad pending disposal of the writ appeal in the interest of justice. I.A.NO:3 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 direct the Respondents herein to fo(hwith remove the illegal mutation of the 6rh Respondent name as sole successor Agrr. land in Ac.6g. 03 Guntas Situated at Mudimyal Village of chevetla Mandat, Rangareddy District pending disposal of the writ appeal in the interesl of justice.
Counsel forAppellant : SRt GANGAVARAPU VIJAYA BHASKAR
Counsel for Respondent Nos.l to 5 : AGp FOR REVENUE
Counsel for Respondent No.6: SRI RAKESH SANGHI
The Court made the following JUDGMENT; -
7
;n
THE HON'BLE THE CHIEF JI,STICE ALOK ARADHE
AND
THE HON'BLE SHRJ JUSTICE ANTL KUMAR JUKANTI
WRJT APPEAL No. 1 157 of 2o23
WDGMENT:(Per the Hon'bLe the ChiefJustieAlok Aradhe)
Mr. Gangavarapu Vijaya Bhaskar,learned counsel for the appellant.
Mr. Rakesh Sanghi, learnedcounselfor respondent
No.6.
2
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measuring Acs. 71.32 guntas in SurveyNos.12l,l3O, 132, 133, 134, 135 and 136, situatedat MudimyalVillage, Chevella Mandal, Ranga Reddy District,was bequeathed in favour of the appellant as well as her brotherto the equal extent. It was further averred that fatherof the appellant during his life time sold Acs. 4.29guntas of land. Itis pleaded that after the death of the father, thebrotherof the appellant namely respondent No.6 asserted tobe the sole successor-in-interest of the lands inquestion andillegally transferred the land measuring Ac. 68.03guntas inhis favour without alienating 5Oo/o of the sharetothe appellant. It was pleaded that without any notice tothe appellant, the revenue authorities have recorded thename of respondent No.6 in the revenue records including Dharani portal and taking advantageof theentries madein Dharani portal, respondent No.6 has alienatedthe lands in question in favour of third parties. Thereupon, the appellant flled the writ petition namelyW.P.No.25113 of 2023 seeking the following relief:
"...to issue an appropriate writ, order or Direction, one or more in the nature of writ
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of mandamus, declanng the actions of the respondents I to 4 in permitting/aliowing 6 respondent in illegal updation of the total agricultural land totaling Acres 68.03 guntas and wherc in 5O7o pertaining to the petitioner in thc Dharani portal, in his single name and thcreby allowing series of alienations thereaftcr, as being vitiated, bcing arbitrary and are violative of petitioncr's fundamental and constitutional rights gualanteed u nder Articles 2l and, 3OOA also; direct respondents I to 4 to initiate appropl-iate and proper acLion to include/ transfer thc sard lands pertaining to the petitioner in the Dharani portal and also stopping any further alienation of thc Schedulc property i.c., Acres 68.03 Guntas of Agriculture lands in survey numbers r2r, t3o/A, 1s2, 133, r34/1/1/r, r35lL, and 136 of Mudimyal Village of Chevella Mandal, Rangareddy District and consequently direct respond€nt.5 to restrict thc commercial properties where in the petitioner holds undivided 507o share from sale / mortgage/lease commercial space of 3,330 SF-I in Door No.6-3-802, Zainab Complex, Shanti Nagar, Ameerpet, IJyderabad and Commercial spacc of 6,516 SFT in Door No.6-3-8O1, Aeraj Arcade, Shanti Nagar, Ameerpct, I{yderabad and Commercial gpace of l8,OOO SFT and s- \ Penthouse in Door No.6-3-793 and 794, Ameerpet Business Complcx, Shanti Nagar,
4
Ameerpet, Hyderabad and Commercial space of 9,900 SF'f in Door No.6-3-791, Jaaga Elite One Complex, Shanti Nagar, Ameerpet, Hyderabad and pass such other relief..."
)
court appeal.
9 . In the result, the appeal fails and is hereby
dismissed. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall
stand closed.
//TRUE COPY//
SD/.I. NAGALAKSHMI DEPUW REGISTRAR L-
SECTION OFFICER
To
SA
GJP
#+
HIGH COURT
DATED:1 311212023
JUDGMENT
WA.No.1157 ol 2023
STATE
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DISMISSING TIIE W.A
WITHOUT COSTS.
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1 issue framed by the court
Whether interim orders for restraining alienation of property were required despite pending partition suit.
Avesha Fatima Amjad
The State of Telangana
Mohammed Ahmad Amjad
Alok Aradhe
Anil Kumar Jukanti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
