Disposed

Godishala Bakkaiah v. The State of Telangana and 4 others

Telangana HC15 Dec 2023WP/13443/2021

Case brief

AI extract

What is this about?

Single judge disposed of W.P.13443/2021 filed under Articles 226 and 151 CPC against revenue officials and a third party, directing the petitioner to file a Dharani application for rectification within 45 days.

What did the court decide?

Petitioner directed to submit Dharani application for rectification; respondents directed to consider application and pass orders within 45 days.

Godishala Bakkaiah Vs The State of… — Pension and Retirement Benefits | Telangana HC (2023)

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[3183]

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HIGH COURT^{FOR THE STATEOF TELANGANA AT HYDERABAD} (SPecial Original Jurisdiction)

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FRIDAY, THE^{FIFTEENTHDAY OF DECEMBER} TWO THOUSAND^{AND TWENTY THREE}

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PRESENT

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THE HONOURABLE^{SRI JUSTICEB.VTJAYSENREDDY}

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WRIT PETI^{TtoNNO.13 443 0F 2021}

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Between:

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Godishala Bakkaiah,^{S/o late Ram chandru,.Aged about 57 years,occ.employee,} il; iilii1":cj4,^G; "r^{rl" V;; [;"i;;;neiio dncv, Ramnas6rG und u' vidvanasar'} HYderabad'^T S'

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...PETrroNER

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AND

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The State of^{Telangana,Reptd by its Principal Secretary'Revenue} Department, Secretariat,^Hyderabad'

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The District^{Collector, WarangalRural, Warangal District'}

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The Revenue^{Divisional officer,Parakala, warangalRural, warangalDistrict'}

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The Tahsildar,^{Nadikudavillageand Mandal,Warangal Rural' Warangal} District.

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Bona^{Venkata Raiam, S/o Venkataiah, Aged about55 years' Occ' Toddy} " i;ffi; Hr;Gdik.loi ,iriig. ,no Manoir, waransal Rural, waransal^District.

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...RESPONDENTS

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Petition under^{Article226 ol lhe Constitutionof lndia praying that in the} circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue any^{writ, order or directionmoreparticularly one in the natureof} writofmandamusdeclaringtheactionoftheofficialrespondentshereinfornot considering^{petitioners continuous representations dated 27 l 1 212017, 28 l 1 212017,} 2Slost2oll,lgl,lo2ozoando2to2l2o2landthatthe4threspondentherein without disposing^{his own proceedings vide Rc No' D/370/2018'dated} 2fJtost2olshasillegallyenteredthethirdpartynamesinPahanisinrespectof

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land admeasuring Ac 01-33 gts it Survey No. 358/8 situated at Nadikuda village and Mandal, Warangal Rural, Warangal District as illegal, arbitrary and unjust and against the principles of natural justice, in the interest of justice and consequenfly direct the 4th respondent herein to delete the name of the 5th respondent from the Pahanis and issue the Pattadar Pass Book and rifle deed in favour of the petitioner in respect of land admeasuring Ac.01-33 gts in Survey No. 3SB/B situated at Nadikuda village and Mandal, Warangal Rural, Warangal District.

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lA NO: 1 OF 2021

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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 direct the 4th respondent herein considering the petitioners representations dated 2211212017, 2811212017, 28lOSl2O18, 19t1Ot2O2O and O2t02t2O21 to detete the name of the sth respondent from the Pahanis and issue the pattadar pass Book and Title deed in favour of the petitioner in respect of land admeasuring Ac 01-33 gts in Survey No. 358/8 situated at Nadikuda village and Mandal, Warangal Rural, Warangal District.

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Counsel for the Petitioner: SRI RAVI KUMAR VADLAKONDA

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Counsel for the Respondent Nos. 1 to 4: AGP FOR REVENUE

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Counsel for the Respondent No.s: -

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The Court made the following: ORDER

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,.)

HONOTJRABLE Szu JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.13443 OF 2021

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ORDER: (ORAL)

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This writ petition is filed by the petitioner seeking to declare action of respondent No.4 in not considering his representations dated 27 .12.2027, 28.12.2027, 28.05.20 I 8, 19.10.2020 and 02.02.2021 for rectification of entries made in the revenue records in respect of the land admeasuring Ac.1-33 guntas in Survey No.358/B, situated at Nadikuda Village and Mandal, Warangal Rural, Warangal District, as being illegal, arbitrary and unconstitutional.

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Heard learned counsel for the petitioner and leamed Assistant Government Pleader for Revenue appearing for respondents and perused the material available on record.

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It is stated that Mr. Ramchandru, the father of the^petitioner was the owner and possessor of the subject land and his name^{was mutated} in the revenue records in respect of the same. However, the^petitioner came to know that the name of respondent No.5^is being^{shownin the} pahanies from the year 2018 in respect ofthe subject land. Aggrieved by the same, the petitioner submitted^{representations} dated^27.12.2017

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l I ! I .-,1

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and 28.12.2017 for rectifoing the entries made in the revenue records in respect of the subject land. Pursuant to the same, respondent No.4 issued proceedings dated 25.05.2018 in Rc. No.B/37012018 directing the petitioner and respondent No.5 to produce original documents in respect of the subject land but tilt date no action has been taken. The grievance of the petitioner is that there ts delay on the part of respondents in not considering his representations, as such, he is constrained to approach this Court.

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Leamed Assistant Govemment Pleader for Revenue submitted that the petitioner is required to submit Dharani application for rectification of revenue entries in respect of the subject land and upon receipt of the same, appropriate action will be taken, in accordance with law.

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Recording the aforesaid submission, the writ petition is disposed of directing the petitioner to submit Dharani application through proper module for rectification of revenue entries in respect of the land admeasuring Ac.1-33 guntas in Survey No.358/B, situated at Nadikuda Village and Mandal, Warangal Rural, Warangal District and upon receipt of the said application, respondents No.2 and 4 shall consider

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the same, by issuing notice to all concerned/interested persons, and pass orders, in accordance with law, within a period of forty five (45) days

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from the date of receipt of the application. There shall be no order as to costs.

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As a sequel thereto, miscellaneous applications, if any, pending

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in th6 writ petition stand closed.

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Sd/. MOHD. ]SMAIL ASSTSTANT REGIS)7RAR

To,

//TRUE COPY//

SECTION OFFICER

1 . The Principal^{Secretary,Revenue Department,State of Telangana'} Secretariat, HYderabad.

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The District Collector,^{WarangalRural,WarangalDistrict'}

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The Revenue^{Divisionalofficer,Parakala,warangalRural, warangalDistrict'}

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The Tahsildar,^{Nadikudavillage and Mandal,Warangal Rural' Warangal} District.

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One CC to SRI^{RAVI KUMARVADLAKONDA, Advocate [OPUC]}

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Two CCs to^{GP for Revenue,High Court for the State of Telanganaat} Hyderabad [OUT]

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Two CD CoPies

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ORDER

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WP.No.13443^o12021

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DISPOSING^{oF rHE wRlr PEII^rI9N} WITHOUT^COSTS

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Godishala Bakkaiah v. The State of Telangana and 4 others

Case brief

What is this about?

What did the court decide?

Godishala Bakkaiah v. The State of Telangana and 4 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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