Allowed

Smt. Mallapuram Sayamma and 8 Others v. The State of Telangana and 2 Others

Telangana HC13 Dec 2023WP/14191/2022

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a writ petition challenging a writ petitioner's inaction by the Tahsildar in processing a succession claim under the Telangana Tenancy and Agricultural Lands Act, 1950.

What did the court decide?

The Tahsildar was directed to consider the petitioners application for grant of succession and pass orders within two months.

Smt. Mallapuram Sayamma and 8 Others Vs The State of… — Property and Title | Telangana HC (2023)

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[³¹⁸³ ]

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IN THE HIGH COURT FOR TH€ STATE OF TELANGANA AT HYOERABAO (Special Original Jurisdiction)

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WEDNESDAY, THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE^{B.VIJAYSEN REDOY}

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WRIT PETITION NO: 14191 OF m22

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Between:

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Smt. Mallapuram Sayamma,^{W/o. Late MallapuramShivaiqh, Aged66 years,} Occ. Hous6wife, Fl/o. H.No.^{1-64,8ommarasipet Village, ShamirpetMandal} Medchal-Malkajgiri District, Tehngana.

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Smt. Mallapuram Kistamma,^{Wo. Late M. Narsimha,Aged 41 years'0.cg} . . Agriculture labour, R/o.^{H.No.3-76, BommarasipetVillage, Shamirpet Mandal} Medchal-Malkafu iri District,^Telangana.

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Sri. Mallapuram Yadagiri,^{S/o. LateMallapuram Shivaiah, Aged.46years,} . . Occ. Agriiulture,^{R/o. -H.No.2-64,Bommarasipet Village, Shamirpet Mandal} Medchal-Malkajgiri District,^Telangana.

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Sri. Mallapuram Dasharatha,^{S/o. Late MallapuramShivaiah, Aged4J,yeqry'} Occ. Agriiulture,^{Rl/o.H.No.2-64, Bommarasipet Village, Shamirpet Mandal} Medchal-Malkajgiri District,^Telangana.

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Sri. Mallapuram Suresh,^{S/o. Late MallapuramShivaiah, Aged.36 years, Occ'} Agriculturb, Fi,/o. H.M. 2-64,^{Bommarasipet Village, ShamirpetMandal} M-edchal-Malkajgiri District,^Telangana.

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Sri. Mallapuram Babu,^{S/o. LateMallapuram.Gandaiah,Aged 47.years, Occ'} Agriculture, Fl/o. H.No. 3-75,^{Bommarasipet Village, ShamirpetMandal} Medchal-Matkaigiri^{District,Telang€na}

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Sri. Mallapuram Ramesh,^{S/o. LateMallapuram Gandaiah-,Age!35 years'} . OC". Aori6ufture.^Fi/o. H.No.^{3-75, BommirasipetVillage, Shamirpet Mandal} Medch;l-Malkajgiri District,^Telangana.

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Smt. Mallapuram^{Swapna,W/o. Ch. Bikshapathi, Aged 35.years,.Occ'.} - Aoriculture. F/o. H.l"lo. 3-75, Bommarasipet Village, Shamirpet Mandal' M6dchal-Malkajgiri District,^Telangana.

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Smt. Budiga Bhagyamma,^{W/o. Bud.rgaSwamv,4S"A} 11 VlgT' *I, . . . - Housewifd, F/o. 5-'0, Govindapur Village, Wargal Mandal' Siddipet District, Telangana.

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...PETITIONERS

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AND

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1 The State of Telangana,^{RevenueDepartrnent,} -^Rep by its Principal Secretary, Secretariat,-Secretariate^{Euihings,Hyderabad.}

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The District Collector,^{Shamkpet Mandal, Medchal-MalkaigiriDistrict}

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// /

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3 TherTahsildar, Shamirpet Mandal, Bommarasipet Village, Medchal_Malkajgiri

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...RESPONDENTS

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Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue any writ or order more particurarry one in the nature of writ of mandamus by declaring the action of the Respondent No.3 in not taking any appropriate action in pursuance of the retter i.e., F2r216t2021 , dt.27.03.2021 issued by the Respondent No.2 as iregar, arbitrary, viorative of principres of natural justice, without jurisdiction, contrary to the record and also violative of Articres 14' 21 and 300-4 of the constitution of rndia and conseqeunry direct the Respondents more particurarry the Respondent No.3 to pass appropriate orders rn pursuance of the lefter i.e., F2t216t2021 . dt.27.03.2021 issued by the Respondent No.2 and direct the Respondent No.3 to pay the costs and compensation towards the ritigation, mentar agony and un-necessary expenditure being incurred by the petitioners.

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lA NO: I OF 2022

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Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondents to pass appropriate orders in pursuance of the letter F2121612O21 , dt.21.03.2021 passed by the Respondent No.2.

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Counsel for the petitioner : SRI B.SANJAY KUMAR

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Counset for the Respondents: ASST. cp FOR REVENUE

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The Court made the following: ORDER

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(

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I I

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THE HONOURABLE SRI JUSTICE B. VIJAYSEN R-EDDY

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PETTTION No. 14t9loF 20"r)

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ORDER: (ORAL)

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This writ petition is filed by the petitioners seeking to declare the action of respondent No.3 in not taking appropriate acrion in pursuance of the Lr.No.F 2/216/2021 dated 27.03.2021, issued by respondent No.2, as being illegal and arbitrary.

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Heard. learned Counsel for the petitioner and leamed Assistant Govemment pleader for Revenue appearing for respondents, and perused the material on record.

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It is submitted that petitioners are the owners and possessors of the land admeasuring Acs.4_10 Guntas in Survey No.24, situated at Bommarasipet Village, Shamirpet Mandal, Medchal-Malkajgri District. Originally, rhe property belongs to one late Mr. Mailapuram Maisaiah, who acquired the same under The Telangana Tenancy and Agricultural Lands Act, 1950 (for short, 'The Act') and he was recorded as protected Tenant. The petitioners are the only legal heirs of the .ate Mr. Mallapuram Masaiah.

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It is further submitted that petitioners have filed a Claim Petition under Section 40 of the Act before respondent No.3 on 12.01.2021 for grant of succession. It is stated that Respondent No.3 has not taken any action on such petition. As such, petitioners approached respondent No.2 who issued the specific direction to respondent No.3 vrZe Lr.No.F2l2l6l202l dated 27.03.2021 to examine the contents of the petition of the petitioners and take necessary action as per rules. The grievance of the petitioners is that inspite of specific directions by respondent No.2, respondent No.3 till date did not take any action. As there is inordinate delay on the part of the respondent authorities, the petitioners are constrained to approach this Court

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As the innocuous relief is sought by the petitioners and without entering into the merits of the case, the writ petition is disposed of directing the respondent No.3 to consider the application of the petitioners for grant of succession in respect of the land admeasuring Acs.4-10 Guntas in Survey No.24 situated at Bommarasipet Village, Shamirpet Mandal, Medchal-Malkajgri District, by duly taking note of letter issued by respondent No.2 -

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District Collector, Shamirpet Mandal, Medchal_Malkajgiri District, bearing Lr.No.F2/216/2021 dated 27.03.2021, by issuing notice ro the petitioners and to all concemed/interested persons, and pass orders, in accordance with law, within a period of two (2) months from the date of receipt of a copy of this order. No order as to costs.

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As a sequel thereto, miscellaneous applications,

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if any, pending in the writ petition stand closed.

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SD/. N. CHANDRA SEKHAR RAO ASSISTANT IS

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//TRUE COPY//

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SECTION OFFICER

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To, 1. The Principal Secretary, Secretariat, State of Telangana, Revenue Deoartment, Secretariat Buildings,^Hyderabad. 2. Th6 District Collector, Shamirpet^{Mandal, Medchal-Malkaigiri District} 3. The Tahsildar, Shamirpet^{Mdndal, Bommarasipet Village,IVfiedcttal-Malkaigiri} District

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