Disposed

M.Anjaiah, v. the Govt of Ap.,Revenue Dept., and 15 Others

Telangana HC21 Nov 2023WP/4647/2014

Case brief

AI extract

What is this about?

This single judge order disposed of a writ petition by dispensing with notice to other respondents and directing the Tahsildar to consider the petitioner's application for succession certificate under Section 40 of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950, while providing notice and opportunity of hearing to all affected parties within three months.

What did the court decide?

The Tahsildar, Keshampet Mandal, is directed to consider the application for succession certification under Section 40 of the Act and pass appropriate orders after giving notice and opportunity to int

M.Anjaiah, Vs the Govt of Ap.,Revenue Dept., and 15… — Property and Title | Telangana HC (2023)

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[³³⁰³ ]

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

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TUESDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE J SREENIVAS RAO

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WRIT PETITION NO:4647 OF 2014

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Between:

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M.Anjaiah, S/o Late M.Bala Kistaiah Aged about 48^years occ Business No^2-52, Satemrai Village, Shamshabad Mandal, R.R.District.

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...PETITIONER

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AND

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The Government of Andhra Pradesh, Rep. by its Principal Secretary Revenue Departmeht Secretariat, Hyderabad.

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The Collector, Mahaboobnagar At Mahaboobnagar District.

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The Tahsildar, Keshampet Mandal MahaboobnagarDistrict.

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B.Chennaiah, S/o Yellaiah Aged major^years occ Agriculture

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Ramchandraiah, S/o Yellaiah Aged major^years occ Agriculture

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Jangaiah, S/o Yellaiah Aged major^years occ^Agriculture

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S.Narsimulu, S/o Gandaiah Aged major^years occ Agriculture

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B. Angaiah, S/o Gandaiah Aged major^years occ Agriculture

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Siddaiah, S/o Gandaiah Aged major^years occ Agriculture

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All Rl/o Lemamadi Village, Kesampet [itlandal, Mehboobnagar^District.

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lO.Narsimha Reddy, S/o Sathi Reddy Aged Major No 23-111,^M.H.Nagar- 501218.

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11.M.Jaipal Reddy, S/o Linga Reddy Aged major Rl/o Shamshabad Village^And Mandal, R.R.District.

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'12.M.Sriram Reddy, S/o Sai Reddy Aged Major No 20-10713 R.B.Nagar - 501218.

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T.Ramulu, S/o Venkaiah Aged Major No 23-62 M.H.Nagar-50'1218.

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'l4.C.Narsimha, Sio Ushaiah Aged about major Rlio Shamshabad Village And Mandal, R.R.District.

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'15.M.Sudhakar Reddy, S/o Pochi Reddy Aged major R/o Shamshabad Village And Mandal, R.R.District.

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Sudhakar Reddy, S/o Linga Reddy Aged major^{No 23-104 M.H.Nagar.}

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia^{prayingthat in the} circumstances stated in the affidavit filed therewith, the^{High Court maybe} pleased to pass an order or orders one in the nature of Writ of Mandamus declaring the inaction of the Respondent^{No. 2 for not passingan appropriate}

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orders accordance with the law on an application filed by the petitioner for succession case No. 81143412007 on an application filed by the petitioner Under Section 40 Of the A.P (Telangana Area) Tenancy and Agricultural Lands Act 1950 ln Respect Of The Agricultural Land Bearing Sy.No.157 admeasuring 18 acres 20 guntas situated at Lemamadi Village, Kesampet Mandal, Mehboobnagar District and to declare the same as illegal, arbitrary, against the principles of natural justice and also provisions of A.P (Telangana Area) Tenancy l.A. NO: 1 OF 2014(WPMP. NO: 5741 OF 20141

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to direct the 2nd respondent to^pass an appropriate orders in case No.B/143412007 on an application filed by the^petitioner under section 40 of the A.P.(Telangana Area) Tenancy & Agriculatural Lands Act 1950 in Respect of the Agricultural Land Bearing Sy.No.157 admeasuring'18 acres 20 guntas situated at Lemamadi Village, Kesampet Mandal, Mahaboobnagar District before the 2nd respondent, till pending disposal of the Writ Petition

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Counsel for the Petitioner: SRl. B. SUDHAKAR REDDY

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Counsel forthe Respondent Nos. 1to3: GP FOR REVENUE

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Counsel for the Respondent Nos.4to16: -

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE J.SREENTVAS RAO

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WRIT PETITION No.4647 of 2Ol4

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ORDER:

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This writ petition is liled seeking following reliel

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"... to pass al order or orders one in the nture of Writ of Mandamus declaring the inaction of the Respondent No.2 for not passing al appropriate orders accordance with the law on an application frled by the petitioner for succession case No.B I 1434 l2OO7 on an application filed by the petitioner Under Section 40 of the A.P. (Telangana Area) Tenancy & Agricultural Lalds Act, 1950 in respect of the Agricultural Land bearing Sy.No.157 admeasuring 18 acres 20 guntas situated at Lemamadi ViJlage, Kesampet Mandal, Mahboobnagar District ..."

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2" Heard Sri B.Sudhakar Reddy, learned counsel for the petitioner, Iearned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.l to 3.

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Notice in respect of unofficial respondent Nos. 4 to 16 is dispensed with on the^ground that^learned counsel for^{the petitioner} requested this Court to direct respondent No.3-Tahasildar,^Keshampet Mandal, to take appropriate decision on the application filed by^the petitioner in Case No.B I 1434 I 2007 under Section 40 of the^{A. P.} (Telangana Area) Tenancy and Agricultural Lands Act, 1950,^(for short, 'the ActJ in respect^{of agriculturalland to an extentof Ac.18.20 guntas} covered by Survey No.157^situated at^{LemamadiVillage} of^Kesampet Mandal, Mahaboobnagar District,^presently Ranga Reddy^District.

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Learned Assistant Government Pleader for Revenue submits that respondent No.3 will consider application filed by the petitioner Case No.B I 1434 12007 and requested this Court to grant reasonable time.

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In view of the above said submissions, without going into the merits of the case, respondent No.3-Tahasildar, Kesharnpet Mandal, Ranga Reddy District, is directed to consider the application submitted by the petitioner in Case No.B I 1434 I 2007 for seeking succession certification under Section 40 of the Act and pass appropriate orders after giving notice and opportunity to the petitioner as well as unofficial respondent Nos.4 to 16 or any othcr interested persons in respect of the subject properfy, in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order.

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With the above direction, the writ petition is disposed of. No

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costs.

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Miscellaneous petitions, if any, pending in this writ petition shall

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stand closed.

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//TRUE coPY' ^,,i3{i-?tttiffi'iil SEcTloN^oYrrcen

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To,

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J.4. i[f,.+"r,rq#+'.1ffi,nmlfirm'f*-mrm.jlecre'fary ( TffBXfl."%at?8o[HPirrUE^{,Hish court for the Stateof rerangana,at} Hvderabad [OUTI

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Triro CD CoPies

GJP

HIGH COURT

DATED:2111112023

ORDER

WP.No.4647 o12014

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS e)*4

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M.Anjaiah, v. the Govt of Ap.,Revenue Dept., and 15 Others

Case brief

What is this about?

What did the court decide?

M.Anjaiah, v. the Govt of Ap.,Revenue Dept., and 15 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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