Allowed

Gadiga Shiva kumar Goud v. The State of Telangana

Telangana HC26 Dec 2023WP/34619/2023

Case brief

AI extract

What is this about?

This common order defends three writ petitions seeking issuance of Pattadar passbooks. The court disposed of the petitions at the admission stage, relying on a previous judgment in batch. It directed revenue authorities to consider the applicants' requests for passbooks along with pending applications from other possessors within two months, following specific High Court precedents regarding Coope

What did the court decide?

Directed respondent Nos. 2 to 5 to consider applications for Rythwari patta/pattadar passbooks along with pending applications of other possessors and pass orders within two months.

Gadiga Shiva kumar Goud Vs The State of… — Pension and Retirement Benefits | Telangana HC (2023)

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[³¹⁸³ ]

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

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TUESDAY, THE TWENTY SIXTH 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 NOs: 34556 34564 34619 0F 2023

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W.P.No.34556 OF 2023

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Between:

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Cheguri Narsimulu, S/o Cheguri Advaiah,^{Hindu,Age. 53 yqals, occ.Farmer,Rl/o.} H.No. 4-85l3, Peddamangalaiam Village,^{lti'loinabadMandal, R R District,Telangana}

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...PETITIONER

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AND

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'1 . The State of Telangana, Revenue Department, Secretariat, Hyderabad - 500 022, Represented by its Principal Secretary.

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The District Collector, Ranga Reddy^{District,Kongarakalan Village,} lbrahimpatnamMandal, Ranga Reddy District^- 501 510,^T.S.

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The Joint Collector, Ranga Reddy^{District,KongarakalanVillage'} lbrahimpatnamMandal, Ranga Reddy District^- 501^5'10,T.S.

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The Revenue Divisional Officer, Chevella^{Division, Chevella - 501 503,Ranga} Reddy District, T.S.

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The Tahsildar, Moinabad^{[Vlandal,It/oinabad - 501 504, Ranga ReddyDistrict,} T.S.

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...RESPONDENTS

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Petition under Article 226 o'f the^{Constitutionof lndia prayingthat in the} circumstances stated in the affidavit^{filed therewith,the High Court maybe} pleased to issue a Writ, Order or Direction^particularly a Writ of^{tVlandamusdirect} the respondents to receive the application^{of the petitionerfor issue of Pattadar} passbook in favour of the petitioner to an extent of Ac. 2-02112^{Guntas, in Survey} No. 558/21, Total extent Ac. 2-02112^{Guntas situatedat Pedda Mangalaram} Village, Moinabad Mandal, Ranga Reddy^{District and to consider the same along} with the pending applications submitted^{by other possessorsin the said Survey}

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Number for issuance of pattadar pass books basing on the orders of this Honorable Court dated .12-12-1978 passed in CRp No. 200 of 1979 and also orders dated 23-O4-2O14 passed in No. 23845 of 2011 within a specified time.

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lA NO:^'l OF 2023

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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 direct the respondents to receive the application of the petitioner for issuance of Pattadar passbook in favour of the petitioner to an extent of Ac.2-021t2 Guntas in Survey No. 558121,Total extent Ac. 2-02112 Guntas situated at pedda Mangalaram Village, Moinabad Mandal, Ranga Reddy District and to consider the same along with the pending applications on the very same issue forthwith.

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W.P.NO: 34564 OF 2o23

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Between:

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Cheguri Vegr.a .qrygqy,_S/o Cheguri Venkataiah, Hindu, Age. 54 years, Occ. Agriculture, RIc. H No.3 -26, Peddamangalaram, I\rloinabad Mandal, p n bistrict

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...PETITIONER

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AND

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The State of Telangana, Revenue Department, Secretariat, Hyderabad -500 022, Represented by its Principal Secretary

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2 The. . District Qollector, Ranga Reddy District, Kongarakalan Village, lbrahimpatnamMandal, Ranga Reddy Disirict -50'l 5iO, T.S:.

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3 The Joint Collector, Ranga Reddy District, Kongarakalan Village, lbrahimpatnamMandal, Ranga Reddy District -501 510, T.S.

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4 The Revenue Divisional Officer, Chevella Division Chevella -50,,t 503, Ranga Reddy District, T.S.

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5 Th_e Tahsildar, Moinabad Mandal, Moinabad -SO1 504, Ranga Reddy District, T.S.

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...RESPONDENTS

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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 a Writ, Order or Direction particularly a Writ of [Vlandamus direct the respondents to receive the application of the petitioner for issue of pattadar passbook in favour of the petitioner to an extent of Ac. 0-34 Guntas, in Survey No.

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558141 , Ac. 1-01 Guntas, in Survey No. 558/43, and Ac. 1-03 Guntas, in Survey No. 558/44 Total extent Ac. 2-38 situated at Pedda Mangalaram Village, Moinabad Mandal, Ranga Reddy District and to consider the same along with the pending applications submitted by other possessors in the said Survey Number for issuance of pattadar pass books basing on the orders of this Honourable Court dated 1211211978 passed in CRP No. 200 of 1978 and also orders dated 2310412014 passed in No. 23845 ol 2O11 within a specified time.

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lA NO: 1 OF 2023

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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 direct the respondents to receive the application of the^petitioner for issuance of^pattadar passbook in favour of the petitioner to an extent of Ac. 0-34 Guntas, in Survey No. 558141 , Ac. 1-01 Guntas, in Survey No. 558/43, and Ac. 1-03 Guntas, in Survey No. 558/44, Total extent Ac. 2-38 situated at Pedda Mangalaram Village, Moinabad Mandal, Ranga Reddy District and to consider the same along with the pending applications on the very same issue forthwith.

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W.P. NO: 34619 OF 2023

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Between:

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Gadiga Shiva kumar Goud, S/o Late Narsimha Goud, Hindu, Age 48^years, occ Agriculture, Rl/o Pedda Mangalaram Village, tvloinabad tVlandal, R R District, Telangana

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...PETITIONER

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AND

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,| The State of Telangana, Revenue Department, Secretariat, Hyderabad-S0O 022, Represented by its Principal Secretary

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2 The District Collector, Ranga Reddy District, Kongqrakalan Village, lbrahimpatnam Mandal, Ranga Reddy District-5O1 510,^T.S

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3 The Joint Collector, Ranga Reddy District, Kongarakalan Village, lbrahimpatnamMandal, Ranga Reddy District-sO1 510, T.S.

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4 The Revenue Divisional Officer, Chevella Chevella-S01 503, Ranga Reddy District, T.S

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5 The Tahsildar, Moinabad Mandal, Moinabad-501 504, Ranga Reddy District.

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...RESPONDENTS

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L4 (--

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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 a writ, order or Direction particularly a writ of Mandamus direct the respondents to receive the application of the petitioner for issue of pattadar pass book in favour of the petitioner to an extent of Ac. 2-18 Guntas, in Survey No. 558/56,Total extent Ac. 2-18 Guntas at Pedda Mangalaram Village, Moinabad ltllandal, Ranga Reddy District and to consider the same along with the pending applications submitted by other possessors in the said Survey Number for issuance of pattadar pass books basing on the orders of this Honourable court orders ofthis Honble court dated 1211211978 passed in cRp No.200 of 1978 and also orders daled 2310412014 passed in No 23845 of 2011 within a specified time.

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lA NO: 1 OF 2023

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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 receive the application of the petitioner for issuance of pattadar pass book in favour of the petitioner to an extent of Ac. 2-18 Guntas in Survey No. 55g/56, Total extent Ac. 2-18 Guntas situated at Pedda Mangalaram Village, Moinabad Mandal, Ranga Reddy District and to consider the same along with the pending applications on the very same issue forthwith.

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Counsel for the Petitioners in W.Ps :SRl. T p ACHARYA

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Counsel for the Respondents in W.ps: ASST. Gp FOR REVENUE

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The Court made the following: COMMON ORDER

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THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION Nos.34556. 34564.34619 OF 2023

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COMMON ORDER: (oRAL)

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l,earned counsel for the petitioners submits that the subject matter of these Writ Petitions is squarely covered^by the order, dated O9.O8.2023 passed by this Court in W.P.No.21375 of 2023 and batch. The same is not disputed by the learned Assistant Government Pleader for Revenue.

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Therefore, recording the aforesaid submissions of the learned counsel, following the order, dated 09.08.2023^passed by this Court in W.P.No.21375 of 2023 a:nd batch; in^terms thereof, these Writ Petitions are disposed of at the^{stage of} admission. The said common order shall be made part^{of the} record and a copy of the same shall be annexed to this order No order as to costs

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

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pending in the writ petition shall stand closed.

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SD/. K.SREERAM MURTHY ASSISTANT^RGISTRAR //TRUE COPY// SECTIO OFFICER To, 1 The Princioal^{Secretary,State} of Telangana,^Revenue Department, Secretariat,^{HYderabad- 5O0 O22'}

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cNt

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The District Collector Ranga . Reddy District, Kongarakalan Villaoe. lbrahimpatnamManoar, nansl Reoovii.iri.i'Ebitr o, r.s.

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.r^{he. Joint Collector,} Ranga R'eOOy Oisiriit.-^''

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p;;nmiiii"r"'nrli,iili, :&"Jir#&T:i:ionar nJng"^orri6er, Reddy^{cnu""rrl'oli'ii"n,} Diatrict _ uo.,^dtL;"ri; u.,[Tglrr",un^{- 501 503, Ransa} Villase, 5. The Tahsildar, Moinabad Mandal, Moinabad - 501 504, Ranga Reddy District, 6.7. One C-C_to SRI T.P.ACHARyA, Advocate. tOpUCl Two CCs to ASSr cp ron nEVEiidE,^'ir-idr, '^rrvrr Cou(^- for rhe State of Ielan-gana^{at Hyderabad.} tOUt

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o- Two CD Copies. (Along with a copv of orrrer, dated 09-08-2023 in w.p.No.21375 0f 2023 and batch) BSK

GJP

, t

HIGH COURT

DATED:2611212023

COMMON ORDER

WP.Nos.34556, 34564,3461I of 2023

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DISPOSING OF THE WRIT PETITTONS WITHOUT COSTS

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{

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THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION Nos.21375 21362 21383 14551 17421 17471, 18478,19171 of 2023

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COMMONORDER: (oRAL)

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Since conlmon issue is involved in all these writ^petitions, with the consent of the both sides, they are being disposed of by this common order at the stage ol admission itself.

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W.P. No.21375 of 2023 is taken as lead case for disposal of all these writ petitions 3. Brief facts in W.P. No.2 I 375 of 2023 are as under:

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3.1 . The writ petition is filed seeking direction to the

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respondents to receive the application of the petitioner for issue of Rythwari Patta in his favour in respect of the land admeasuring Acs.0-37 guntas out of total extent of Acs.3-15 guntas in Survey No.558/57 situated at Pedda Mangalaram Village, Moinabad Mandal, Ranga Reddy District and to consider the same along^with pending applications submitted by other possessors for issuance of pattadar passbooks based on the orders of this Court dated 12.12.1978 in C.R.P. No.200 of 1978 and the orders dated 23.04.2014 in W.P. No.23845 of 20I I passed by this Court within

iiFr

.f."'

a specified time and pass such other order or orders as may be deem fit and proper.

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It is submitted that Cooperative Farming Society, Pedda Mangalaram Village, then Chevella Taluk, Hyderabad District, purchased an extent of Acs.38l-3 I guntas in Survey No.558 situated at Pedda Mangalaram Village, the then Chevella Taluk, Hyderabad District now in Moinabad Mandal, Ranga Reddy District, from its vendors in the yeal 1952. The land was subsequently divided between 65 members of the Society who continued to be in possession and enjoyment of the same. The names of the possessors were reflected in the Pahanies for the years 1968-69 to 1975-76. The proceedings were initiated under the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short 'the Acr') which attained finality as per the orders o[ rhis Court in C.R.P. No.200 of 1978 dated 12.12.1978 holding that land in question is not held by the Society within the meaning of the Act and the members of the Society should have holding the separate extents of land and thus

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the 64 members of the Society, their children, legal heirs, successors in interest continued to be in possession of the land.

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It is submitted that the petitioner being purchaser (successor in interest) of land admeasuring Acs.0-37 guntas out of total extent of Acs.3-15 guntas in Survey No.558i57 situated at pedda Mangalaram Village, Moinabad Mandal, Ranga Reddy District, having purchased the same under un-registered sale deeds had been in possession of the subject land. The predecessors of the petitioner along with others submitted application before respondent No.1 for grant of individual pattas in their favour, and therefore, respondent No.l issued G.O.Ms.No.8l5, dated 22.10.1998, directing respondent No.2 to get the land surveyed as per actual possession and enjoyment of the individuals and issue patta certificates to them. It is stated that as the respondents were not issuing new pattadar passbooks and dodging.the matter, Ms. Cheguri Vittalamma alias Laxmamma Wo Cheguri Mutyalu Goud and 155 others filed W.P. No.23845 of 20ll rtuough their GpA holders which was disposed of by this Court by the order dated 23.04.2014, granting liberty to the peririoners ro make appropriate

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applications together with supporting documents by complying with other requirements of the Rules and if such applications are filed, respondents shall consider the same, in accordance with law, and pass appropriate orders. It is submitted that pursuant to the said direction, predecessor of the petitioner submitted application for issuance of pattadar pass books but till date, the same has not been considered. In the meanwhile, the petitioner purchased the property and is constrained to file this writ petition.

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Learned Assistant Government pleader for Revenue submitted that the petitioners are agreement holders, as such, they do not have any legal right for claiming Rythwari,/pattadar pass books in respect of the subject lands.

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Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents, and perused the material on record

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As innocuous relief is sought by the petitioners, without expressing any opinion on merits, these writ petitions are disposed of directing respondent Nos.2 to 5 to consider the application(s) of

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the petitioner(s) for issuance of Rythwari patta/pattadar pass books in respect of the subject lands along with the pending applications if any, of other possessors as per the orders dated 12.12.1978 in

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C.R.P. No.200 of 1978 and the orders dated 23.04.2014 in W.P. No.23845 of 2Oll passed by this Court, by issuing notices to all concerned/interested persons, and pass orders, in accordance with law, within a period of two (2) months fiom 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, if any, pending in these writ petitions stand closed.

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B. VIJAYSEN REDDY, J

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Date:09.08.2023 MS/RRK

Gadiga Shiva kumar Goud v. The State of Telangana

Case brief

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Gadiga Shiva kumar Goud v. The State of Telangana

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