Dismissed

P.R.Maniamma, Ranga Reddy District v. Joint Collector, Hyderabad and 3 Others

Telangana HC8 Sept 2023WP/3162/2004

Case brief

AI extract

What is this about?

A writ petition filed by a widow challenged an action depriving her of land allotted to her deceased husband, which had been sold by him during his lifetime. The High Court held that since the husband sold the land without proper permission, the petitioner cannot seek the relief. The writ petition was dismissed.

What did the court decide?

No relief. The writ petition was dismissed because the petitioner's husband had sold the subject land during his lifetime without permission.

P.R.Maniamma, Ranga Reddy District Vs Joint Collector… — Property and Title | Telangana HC (2023)

¶1

13377 |

¶2

¶3

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶4

FRIDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE

¶5

PRESENT

¶6

THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE AND THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

¶7

WRIT PETITION NO: 3162 OF 2004

¶8

Between:

¶9

P.R.lVaniamma (Died per LRs), W/o Late P.R.Venkatnarasimha Reddy, aged 78 years, RJo H.No.5-14-96, lndiranagar, ll Phase, Housing Board Colony, Moulali, Ranga Reddy District.

¶10

P.R.V.Sriram Reddy, S/o. P.R.V.N.Reddy, aged 44 years, R/o H.No.5-14-96, lndiranagar, ll Phase, Housing Board Colony,Moulali, Ranga Reddy District (2nd petitioner brought on record as LR of deceased Petitioner as per court order dt. O311112005 in W.P.M.P.No.18633 of 2005)

¶11

...PETITIONERS

¶12

AND

¶13

1 Joint Collector, Ranga Reddy District, Lakdikapool, Hyderabad.

¶14

2 Revenue Divisional Officer, Ranga Reddy District, East Division, Hyderabad.

¶15

Mandal Revenue Officer, Shamirpet ltrlandal, Shamirpet, Ranga Reddy District.

¶16

4 Vice Chairman & lvlanaging Director, Hyderabad Urban Development Authority, Secunderabad.

¶17

...RESPONDENTS

¶18

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 a Writ of lt/landamus, or any other appropriate Writ, Order or direction, declaring the action of the respondents 1 to 3 in depriving the^petitioner of her property to an extent of 5 acres situated in Sy.No.955 of Shamirpet Village and Mandal, Ranga Reddy District, as illegal, arbitrary and without^jurisdiction and to consequently direct the respondents 1 to 3 to forthwith hand over possession of the land in Sy.No.955 and measuring 5 acres or in the alternative to allot alternative land of Ac.4.2O gts. situated in Sy.No.102412 of Shamirpet

¶19

¶20

Village and [/landal, Ranga Reddy Drstrict as per the recommendations of the 2nd and 3rd respondents.

¶21

l.A. NO: 1 O F 2OO4(WPMP. N O: 4177 OF 2004)

¶22

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 issue interim directrons to the respondents 1 to 3 to permit the petitioner to continue in possession of the land bearing Sy. No.955 admeasuring 5 acres situated at Shamirpet village and [/landal Ranga Reddy District or rn the alternative to direct the respondents to forthwith allot alternate land in Sy.No.1024i2 of Shamirpet Village and I,4andal, Ranga Reddy District admeasuring Ac.4.2O gts srtuated at Shamirpet Village and Mandal. Ranga Reddy District as identified and recommended by the 2nd and 3rd respondents.

¶23

Counsel for the Petitioners: SRI K.RAGHUVEER REDDY

¶24

Counsel for the Respondent No.1 to 3: Dr. J.VIJAYA LAXMI,

¶25

GP FOR REVENUE (ASSIGNMENT)

¶26

Counsel for the Respondent No.4: SRI V.NARASIMHA GOUD, SC FOR HMDA The Court made the following: ORDER

¶27

,./-,

¶28

THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND

¶29

THE HON'BLE SRI JUSTICE N.V.SHRAV AN KUMAR

¶30

WRIT PETITION No.3162 of 2OO4

¶31

¶32

ORDER: Ppr ttrc I to,t bL. ihc^(:hief Justk:e Atok Aratlhe)

¶33

Mr. K. Raghuveer Reddy, learned counsel for the petltroner

¶34

Dr. J-Vijaya Laxmi, learned Government Pleader for Revenue (Assignmcnt) for the revenlte officials

¶35

Mr. V.Narasimha Goud, learned counsel for respondenL No.4

¶36

In this w,rit pctition, the petitioner inter alia !;Las prayed for [he follo',ving relief:

¶37

F-or thc reasons stated in the accompalying afhdavit, it is therefore prayed that this Honble Court may be pleased to issuc a writ o[ mandamus or any other appropriate writ, order or clirection, declaring the action of the respondents No.i to 3 in depriving the petitioner of hcr property [o an extent of 5 acres situated in Sy.No.955 of Shamirpet Village ald Mandal, Ranga Reddy District-. as illegal, arbitrary ar1d lvithout jurisdiction ar-rd to consequently direct the respondents No.I to 3 to forthwith h:rndovcr possession of the lalrd

¶38

in Sr.No^{955aclmeasuri:rg 5 :tcttls or ttl Ilrt;tltcnrattvi:} to allot^{alternativciar.rdolAc 4 2O gllrltirs situatc(lirl} Sy.No.1f)24/2^{oI ShamirpctVrllagcirnclNianclal'Rarlga} Recldr'^{[)rstrict as} [)cr^{tllc.ccornntctltlatilrrtsrlftl-'c -2"i} ancl3.|-csponc]entsallclpasssuchotllClolrlC]orrll.rlcts as mitl'^{clecmlit :rnd properitltllc cll (rllillstrrtrccs Lrf llrc} CASC

¶39

Latc Sri^{Venkata llarsimha Qsddl'rr as allottedland} measuring^{Acs.5,OO in Stirvey No 955 of Shzrmirpct Village} and Manclal,^{Ranga Reddv District(hcrcirraft<:r rcfen'ed to} as, "the^{sullject land") bv the Jarvahat'Nagar Cooperatite} Land Colonization^{Societv LimitcclTIrc said Venkata} Narasimha^{Reddv during his lifetimci)' a regtstcredsalc} deed dated^{12.06'2015'it ithout obttrining the permission} lrom the^{competentauthorities' has sold the land to one} Sri Chintam^{Srinivas and Sri GurramSuresh' Thereafter'} the presenl'^{writ petitionhas been filed'}

¶40

4 We have^{heard learned counsel for tlle partles}

¶41

Since the^{husband of the petitioncr has alrcaciysold} the subject^{land durirrghis lifetime'the petitioncrcannot} seek the^{relief relerred to suPra}

¶42

(

¶43

Writ petition is, therelore, dismissed

¶44

Miscellaneous applications pending, if an,v, shall

¶45

stand closed. Hor,r'errer, thcre shall be no order as to costs

¶46

¶47

SD/. K. VENKAIAH ASStSTAN.IREGTSTRAR ,TRUE COPY' oE) SECTION OFFICER

¶48

To,

¶49

1 One CC to SRI K.RAGHUVEER REDDY, Advocate IOPUC]

¶50

2 Two CCs to GP FOR REVENUE (ASSIGNI\4ENT), Hioh Court for the State of Telangana at Hyderabad [OUT]

¶51

3 One CC to SRI V.NARASIMHA GOUD, SC FOR HI,,|DA [OPUC]

¶52

4 Two CD Copies

¶53

BSR GJP

dt*(

HIGH COURT

DATED: 0810912023

ORDER

WP.No.3162 of 2004

,l ?9-l
i i) !,1. 1
i $j
I\t ,/

¶62

DISMISSING THE WRIT PETITION, WITHOUT COSTS

¶63

\r?
n"
v
\

P.R.Maniamma, Ranga Reddy District v. Joint Collector, Hyderabad and 3 Others

Case brief

What is this about?

What did the court decide?

P.R.Maniamma, Ranga Reddy District v. Joint Collector, Hyderabad and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mohammed Umair Ul Haq Vs The State of Telangana

Gowlikar Srinivas Vs The State of Telangana

Sri.Ramavath Ramesh Vs The State of Telangana

P. Purushotham, Hyd. and 3 Others Vs the Prl. Secretary, Revenue Dept., and 3 Others

Om Prakash Vs The State of Telangana

Godisela Madhusudhan Reddy Vs The District Collector