Disposed

Tella Shareef v. The State of Telangana

Telangana HC5 Dec 2023WP/32895/2023

Case brief

AI extract

What is this about?

The High Court directed the Special Tribunal to transfer an imams appeal filed by the petitioner to the Additional Collector, the appropriate appellate authority, and ordered the Additional Collector to conduct an enquiry within four months, dismissing the plea to approach the writ court directly.

What did the court decide?

Directed respondent No.3 to transfer the imams appeal to the Additional Collector, Nalgonda, for enquiry within four months.

Tella Shareef Vs The State of… — Constitutional and Fundamental Rights | Telangana HC (2023)

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[³¹⁸³¹

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

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TUESDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENry THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 32895 0F 2023

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Between:

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Tella Shareef, S/o Late Tella Kareem, Aged about 66 years, Occ. Agriculture, Fl/o Chinthapally Village and Mandal, Nalgonda, Nalgonda District.

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...PETITIONER

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AND

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

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The Chief Commissioner of Land Administration, Nampally, Hyderabad.

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The Special Tribunal, Rep. by its [/embers and District Collector and Addl. Collector (Revenue), Nalgonda District.

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The Revenue Divisional Officer, Nalgonda, Nalgonda District.

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Telangana State Wakf Board, Rep. by its Chief Executive Officer Nampally, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one, in the nature of Writ of Mandamus, to declare the action of the respondent No.3 in not passing any orders on the lnam appeal bearing No. F2l3933/2022 filed on 251512022 under the guise of the circular instructions issued by the 2nd respondent dt. 71912020 bearing CCLA Ref.No. Assn. 1(1)146312020 and informing that after receipt of specific instructions from the Government the lnam appeal will be taken as^per lnam Abolitioin Act, as being illegal, arbitrary, unjust and unilateral.

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lA NO: 1 o F 2023

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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 respondent No.3 herein to dispose of the lnam Appeal No F2l3933i2022 t,ed by the petitioner on 251212022 U/Sec. 2a () of the rnam Aboritioin Act, without reference to the circurar instructions issued by the 2nd respondent bearing CCLA Ref.No. Assn.Ul(.t )/463 t2O2O dt. 7lgl2(l2(-.

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Counsel for the petitioner : SRI KUSURT SATANARAYANA

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Counsel forthe Respondents No.lto4 : Gp FOR REVENUE

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Counsel for the Respondent No.S : SRI ABU AKRAM, SC FOR WAKF BOARD The Court made the following: ORDER

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HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No. 3289s oF 2023

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ORDER:^(ORAL)

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This writ petition is filed by the petitioner challenging the action of respondent No.3-Special Tribunal, Nalgonda District, in not passing orders in his lnam Appeal No.F2l3933/2022 daled 25.05.2022 under the guise of circular instructions in CCLA Ref. No. Assn.l (1)/463/2020 dated 07.09.2020 issued by respondent No.2 - Chief Commissioner of Land Administration, Hyderabad.

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The case of the petitioner is that the subject land admeasuring Acs.12-33 guntas in Survey No.105 situated at Chinthapally Village and Mandal, Nalgonda District, originally belonged to his ancestor Late Tella lmam. After the death of Mr. Tella lmam, the subject land devolved upon his son Mr. Tella Mahabub Ali. Mr. Tella lvlahabub Ali had five sons^yiz, (i) Mr. Tella Raj Moihammed (ii) Mr. Tella Bashumia (iii) Mr. Tella Pedda Jahangeer (iv) Mr. Tella Kareem and (v) Mr. Tella Chinna Jahangeer. lt is stated that after the death of his great_ grandfather, grandfather, father and uncles, the petitioner and his brothers have been in peaceful possession and enjoyment of the subject land. That neither the petitioner nor his ancestors have alienated any part of the subject land and respondent No.S fraudulenfly obtained ORC in File No.B/3396/98 dated 0S.12.1998. The petitioner

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BVR,J W.P.No.32895 2023

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preferred statutory appeal under Section 24 ot the Telangana Abolition of lnams Act, 1955 (for short,^'the lnams Act 1955'), before respondent No.3 and the same was registered as lnam Appeal No.F21393312022.

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Grievance of the petitioner is that respondent No.3, having received lnam Appeal preferred by him on 25.05.2022, did not take up enquiry under the guise of circular instructions in CCLAs Ref.No.Assn.l(1)146312020 dated 07.09.2020 issued by respondent No.2.

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

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Learned counsel for the petitioner placed reliance on the order passed by this Court in W.P.No.43673 of 2022, dated 05.12.2022, wherein it was informed by the learned Assistant Government Pleader for Revenue that circular instructions dated 07.09.2020 issued by the Chief Secretary and Chief Commissioner of Land Administration was set aside, and based on such submission, the writ petition was disposed of directing the appellate authority to dispose of the appeat preferred by the petitioner therein.

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Learned Assistant Government Pleader for Revenue submitted that respondent No.3 does not have^jurisdiction to entertain the appeal

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BVR,J W.P.No.32895 2023

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I I

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preferred by the petitioner and the appropriate authority to dispose of the statutory appeal of the^petitioner is the Additional Collector, Nalgonda District.

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As seen from the record, the^{petitioner preferred} statutory appeal before respondent No.3. lt appears, inadvertently, the^petitioner approached respondent No.3. ln any case, respondent^{No.3, having} registered the lnam Appeal preferred by the^petitioner, should have transferred it to the appropriate authority i.e., Additional Collector, Nalgonda District. As the appeal was^preferred by the^petitioneron 25.05.2022, in the interest of^justice, instead of directing the^petitioner to prefer fresh appeal before the Additional Collector,^Nalgonda District, respondent No.3 is directed to forthwith transfer the^lnam Appeal No.F2l3933/2022 ol the^petitioner to the Additional^Collector, Nalgonda, who is the appellate authority under Section 24 of the^lnams Act, 1955. Thereupon, the Additional Collector, Nalgonda, shall conduct enquiry in the appeal of the^petitioner by issuing notice to^the interested persons including respondent No.S-Telangana State^Wakf Board and pass orders, in accordance with law, within a^period of^four (04) months from the date of receipt of a copy of this order.

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Accordingly, this writ^petition is disposed of. No order as to

costs.

BVR,J W.P.No.32895 2023

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

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in the writ petition stand closed.

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HIGH COURT

DATED:0511212023

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ORDER

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WP.No.32895 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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@ooto

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Tella Shareef v. The State of Telangana

Case brief

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Tella Shareef v. The State of Telangana

Case brief

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