Disposed

Smt. Tadeem Balamma v. The State of Telangana

Telangana HC7 Dec 2023WP/21203/2023

Case brief

AI extract

What is this about?

A writ petition challenging the inaction of revenue officials regarding succession to Protected Tenant rights. The High Court disposed of the petition by directing the Tahsildar to consider pending representations and pass orders within four months.

What did the court decide?

Directed the Tahsildar to issue notice to all interested persons and pass orders in accordance with law within four months considering the pending representations for succession to PT rights.

Smt. Tadeem Balamma Vs The State of Telangana — Succession and Inheritance | Telangana HC (2023)

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[³¹⁸³ ]

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H]GH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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THURSDAY,THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 21203 OF 2023

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Between:

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Smt. Tadeem Balamma, Wo. Late Tadeem Ramaswamy, Aged 65 years, Occ. Agriculture, Rl./o. 3-5, Bommarasipet Village, Shameerpet Mandal, Ivledchal-Malkajgiri District, Telangana-500078

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Smt. Thadem Laxmi, W/o. Late Tadeem Ramaswamy, Aged 58 years, Occ. Agriculture, R/o. 3-5, Bommarasipet Village, Shameerpet lvlandal, MedchalIVlalkajgiri District Telangana-500078.

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Sri. Tadem Babu, S/o. Late Tadeem Ramaswamy, Aged 47 years, Occ. Agriculture, Ri/o. 3-5, Bommarasipet Village, Shameerpet Mandal, MedchalMalkajgiri District, Telangana-500078.

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Smt. Veerannagari Bhagyalaxmi, W/o. Veerannagari Tulasidas, Aged 37 years, Occ. Agriculture, Rio. 3-5, Bommarasipet Village, Shameerpet lvlandal, Medchal-tvlalkajgiri District,Telangana-500078.

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Sri. Tadem Yadagiri, S/o. Late Tadeem Ramaswamy, Aged 37 years, Occ. Agriculture, Rl/o. 3-5, Bommarasipet Village, Shameerpet Mandal, MedchalMalkajgiri District, Telangana-500078.

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Smt. Tadem Jangamma, Wo. Srinivas, Aged 40 years, Occ. Agriculture, Fl/oDevarmzal, Shameerpet Mandal, Ir4edchal.Malkajgiri District, Telangana5ooo78

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...pETlroNERs

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AND

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'1 . The State of Telangana, Revenue Department, Rep. by its Principal Secretary, Secretariat, Secretariate Buildings, Hyderabad.

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The District Collector, Shamirpet Mandal, Medchal-[/alkajgiri District, 3. The Tahsildar, Shamirpet Mandal, Bommarasipet Village Medchal-tMalkajgiri District'

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...RES'.NDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ or order more particularly one in the nature of writ of mandamus by declaring the action of the Respondent No.2 in not taking any appropriate action in pursuance of the letters daled 27.O5.2022 and 27.06.2022 and again on 01 .O7.2023 and 26.07.2023 to the Respondent No. 2 issued by the Petitioners as illegal, arbitrary, violative of principles of natural iustice- without

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jurisdiction, contrary to the record and arso viorative of Articres 14,21 and 3oo-A of the constitution of rndia and conseyeunry direct the Respondents more particularry the Respondent No-3 to pass appropriate orders in pursuance of the letters i'e ' 27.05.2022 and 27.06.2022 to the Respondent No.2 and again on 01 '07 2023 and 26.07 -2o23 to the Respondent No.2 issued by the petitioners and direct the Respondent No. 2 and 3 to pay the costs.and compensation towards the litigation, mental agony and un_necessary expenditure being incurred by the petitioners herein lA NO: I oF 2023

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Petition under section 1 51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High cou( may be preased to direct the Respondents to pass appropriate orders in pursuance of the retters dated 27 '05.2022 and 27 -06.2022 and again on 01 .o7.2023 & 26.07.2023 to the Respondent No.2 issued by the petitioners, pending disposar of the above writ petition

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Counsel for the petitioner: SRl. BALSHETW SANJAY KUMAR Counsel forthe Respondents: Gp FOR REVENUE

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The Court made the following: ORDER

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I I

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THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION o.2L2O3 ot2o2 3

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ORDER:

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The writ petition is filed to declare the action of the respondents No.2 and 3 in not disposing of the representations dated 27.O5.2022, 27.06.2022, 01.07.2023 and 26.07-2023 submitted by the petitioners as being arbitrary and u nco nstitutiona l.

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It is claimed that one Late T. Mallaiah was the^protected tenant of the land admeasuring Ac.5.34 guntas situated at Sy.No.24, Bommarasipet Village, Shamirpet Mandal, lYedchalMalkajgiri District. The final PT list discloses the name of the T. Mallaiah. After the death of T. Mallaiah, the^petitioners, being the only legal heirs, continued In^possession of the subject^land. The petitioners are entitled for succession certificate under Section 40 of the Telangana Tenancy and Agricultural Lands Act, 1950 (for short 'the Act'). The petitioners filed representations dated 27.O5.2O22 and 27.06.2022 before the respondent No.2^{for grant} of succession certificate. As the respondents did not act^{upon the} said representations, the petitioners once again^filed rep resentatio ns dated O 7.O7 .2023 and 26.O7 .2023.

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Learned counsel For the^petitioners submitted that despite several representations/rem inders^given to the^{respondentsNo.2}

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and 3, they^{did not act upon the aforesaid representation s ' As there} is inordinate^{delay on the part of the respondents-No'2 and 3'} the petitioners^{are constrained to approachthis court'}

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Heard learned^{counsel for the petitionersand the learned} Assistant Government^{Pleader for Revenue'}

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In the above facts^{and circumstances ofthe case'} as an innocuous^{relief is sought by the petitioners, the writ petition} is disposed of^{directing the respondentNo 3 to considerthe} representations dated^{27.O5.2022,27.06'2022,Ol'O7 '2023 and} 26.O7.2023 seeking^{successionof PT rights under Section 40 of the} Act, by issuing notice to^{all interested persons andpass ordersin} accordance with^{law withina period of four (4) monthsfrom the} date of receipt of a^{copy of this order' The petitionersare given} liberty to submit application^{under Section32(1) of the Act subject} to the outcome^{of the successionapplicationfiled under Section 40} of the Act.

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The miscellaneous^{petitions pending, ifany, shall stand} closed. There shall^{be no order as to costs.}

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SD/-N.CHANDRA SEKHAR^RAO ASSTSTANT EEGISTRAR //TRUE COPY// ,,,/ SECTIOi,I OFFICER

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To,

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The Principal Secretary, Revenue^{Department, Secretariat, Secretariat} Buildinos. T.S..Hvderabad.

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The Diitrict Collector, Shamirpet^{tvlandal. Medchal-[VlalkajgiriDistrict'} 3. The Tahsildar, Shamirpet^{Mandal, Bommarasipet Village Medchal-Malkajgiri} District.

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4 Two CCs to GP FOR REVENUE ,High^{Court for the State of Telangana, at} Hyderabad [OUT]

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5 OhE CC tO SRI. BALSHETTY^{SANJAYKUMAR,AdVOCAIE} [OPUC] 6 Two CD CoPies

B I\iI

HIGH COURT

DATED:0711212023

ORDER

WP.No.21203 of 2023

1 t{E STAT6T
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oo 2 2 DEI 2023
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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Smt. Tadeem Balamma v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Smt. Tadeem Balamma v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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