High Court allowed withdrawal of a writ petition seeking relist of land rights under Article 14 and 21. Permission was granted to implead parties, but the petition was withdrawn shortly thereafter.
Permission granted to implead parties; writ petition dismissed as withdrawn; no order as to costs.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.
[3183 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HON'BLE SRI JUSTTCE B. VIJAYSEN REDDY
I.A.NO.1 0F 2023
IN/AND
WRIT PETIT ION NO:2 114s OF 2021
wP NO.21145 0F 2021
Between:
{ll 9pR/o H. No. 1-55, Damaragidda Village,Chevella Mandal, Ranga Reddy District
($e.O19sented !!r.ough ter general power of'Attorney) Mrs. D.pramada, Rt/o Plot'107, Road No. 1, Dhanalaxmi Society. Mahendrh'Hills. East Manedially, secunderabad-26
AND
..pErroNERs
...RESPONDENTS
Petition under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of certiorari, by calling for the records from the 2nd respondent special rribunal,
Ranga Reddy District in case No. ST/DI/1385/2021 in D11922/2018dated 0810712021 in affirming the order of the RDO in C1143O12016 dated 2810712016 (2017) and declare the above orders as illegal, arbitrary, unconstitutional. and violative of Article 14 and 21 of the constitution of lndia and set asidethe same and consequently direct the Revenue Authorities to implement thedecree in OS No. 50/1965 and mutate the names of the Petitioners in the Revenue Records
lA NO: 1 OF 2021
Petition under Section 151 CPCpraying that in the circumstances statedin the affidavit filed in support of thepetition, the High Court may bepleased to direct the Revenue Authorities to mutate the names of Petitioners in Revenue Records as per the order of Tahsildar/MRO, Chevella dated 03/06/2017 asper Decree passed in OS No. 50/1965 forthwith
lA NO: 2 OF 2021
Petition under Section'l 51 CPCpraying that in the circumstances statedin the affidavit filed in support of thepetition, the High Court may bepleased to direct the Revenue Authorities to mutate the names of Petitioners in Revenue Records as per the order.of Tahsildar/MRO, Chevella dated 03/06/2017 asper Decree passed in OS No.50/1965 forthwith
lA NO: 1 OF 2023:
Between:
Sri Rakky Satyanarayana S/o. Rakky Verikataiah, R/o.H-No.131, HIG-Il, Ushod aya Enclave, Nea r vig na n schoo l, Mad i nas uda, IMllfr EHI.!|JFS[,X?11 _r.,
AND
All are Ryo H. No. 1-55, Damaragidda Village, Chevella Mandal, Ranga Reddy District
(Represented through her general power of Attorney) Mrs. D. Pramada, Rl/o Plot 107, Road No. 1, Dhanalaxmi Society. Mahendra Hills. East Marredpally, Secunderabad-26
...RESPONDENTS
Petition under Section 16 (a) of Writ Rules praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court rnay be pleased to permit the petitioners/ proposed Respondents No.5 herein to impleading as Respondent No.5 in W.P.No.21 145 of 2021
Counsel for the Petitioner: SRI D. DEVENDER RAO
Counsel for Respondents: GP FOR REVENUE
Counsel for the Proposed Respondent: SRI V. S. R. M. V. PRASAD SANKA
The Court made the following: ORDER
THE HONOURABLE SRI JUSl'ICE B. VIJAYSEN REDDY I.A.No.l oF 2023 IN/AND WRIT PETITION No.2 tt4soF 2021
COMMoNORDER : (ORAL)
Learned counser for the petitioners has submitted that pursuant to the impugned order- passed by the respondent No.2 dated 08.07.2021 in Case No.ST/D t/t3BS/2021 Dl/g22/20t8 affirming the orders dated 2g.07.2016 (2017)passed by respondent No.3 in proceedings No.C/1403/2016, petitioners have approached the Land Reforms Tribunal (for shorr ,the LRT,) by filing an appeal in case No.Chl741/2021and batch, wherein the land of the petitioners was declared non_surplus by order dated 01.04.2022. Thus, the objection taken by respondent No.3 while passing the impugned orders regarding the Andhra pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, lg73 is no more sustainable. It is submitted that in view of the order of the LRT dated 01.04.2022, the petitioners are enritled for mutation of their names in the revenue records and for issuance of e_pattadar passbook in respect of the subject lands.
2
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petitioners, permission is granted to the petitioners to withdraw the writ petition. Suffice to say that, petitioners on submitting Dharani application, respondent No.4 - Tahsildar, Chevella Mandal, and the District Collector, Ranga Reddy District, shall consider the same, by issuing notice to all concemed,/interested persons, and pass orders, in accordance with law, within a period of two (2) months from the date ofreceipt ofsuch application.
There shall be no order as to costs.
required to be passed in I.A. No. I of 2023, which is accordingly disposed of.
As a sequel thereto, miscellaneous applications,
if any, pqndi4g in the writ petition stand closed.
^
SD/.A.V.S.PRAFAD ASSTSTANT REG|STnAR //TRUE COPY// U
SECTION OFFICER
To, 1. One CC to Sri D Devender Rao Advocate [OPUC] 2. Two CCs to GP For Revenue, High Court for the State of Telangana. [OUT] 3. One CC to Sri V. S. R. M. V. Sanka, Advocate(OPUC) 4. Two CD Copies MBC GJP
HIGH COURT
DATED: 1811212023
'i f_ STA G
:)t) 02 UI it q :1,; \ o
r=]
Dcr PAT ('.
ORDER
I.A.NO.1 0F 2023 IN/AND WRIT PETITION NO: 21145 OF 2021
DISMISSING THE WRIT PETITION AS WITHDRAWN & DISPOSING OF THE I.A.NO.l OF 2023
WITHOUT COSTS
2-
1 issue framed by the court
Whether to grant liberty to implead proposed respondents in a writ petition concerning land mutation.
2 provisions across 2 enactments
T.M. Vijaya Simha Reddy
M. Yugandhar Reddy
Smt. M. Susheela Reddy
Rakky Satyanarayana
Government of Telangana
Special Tribunal, Ranga Reddy District
B. VAYJAYSEN REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
