Disposed

Ramavath Dharma v. State of Telangana

Telangana HC26 Nov 2024WP/19339/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging a survey notice issued by the Revenue Department for agricultural land. The Court noted pending civil suits between the parties regarding title and possession and declined to adjudicate the land dispute, directing parties to the civil courts for adjudication and appropriate survey applications.

What did the court decide?

The writ petition was disposed of; parties directed to file appropriate applications in pending civil suits regarding land rights and survey.

Ramavath Dharma Vs State of Telangana — Property and Title | Telangana HC (2024)

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

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TUESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTYFOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 19339 OF 2023

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Between:

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Ramavath Dharma, S/o. Bicha, Age.63 years, Occ: Agricultural, R/o. Kalamanda Thanda, Chandampet, Nalgonda Dist.

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...PETITIONER

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AND

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State of Telangana, Rep. by its Prl. Secretary, Revenue Department, Secretariat, Hyderabad.

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The Collector, Nalgonda District.

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The Thasildhar, Chandampet, Nalgonda District.

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The Mandal Surveyor, Chandampaet Mandal, Nalgonda Dstrict.

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Ramavath Rajyalakshmi, Wo. Chandulal, Age.50^years, Occ. Agricultural, R/o. Kalamanda Thanda, Chandampet,

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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 an appropriate writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the Respondent No.3 issued notice dated 19.07.2023 for admeasuring schedule^property in Sy. No.52 situated at chandampet Village and Mandal, Nalgonda District which is^belongsto petitioners and also civil Suits are pending before civil courts as highly capricious, arbitrary and illegal.

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lA NO: 1 OF 2023

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Petition under l3ection 151 CPC praying that in the circumstances stated in the affidavit filed in r;upport of the petition, the High Court may be^pleased to stay all further proceeding in notice dated 19.07.2023.

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lA NO: 1 OF 2024

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Between:

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Ramavath Rajyralakshmi, Wo. Chandulal, Age.50 years, Occ. Agricultural, R/o. Kalamander Thanda, Chandampet,

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...PETITIONER/RESPONDENT No.5

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AND

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1 Ramavath Dharma, S/o. Bicha, Age.63 years, Occ: Agricultural, R/o. Kalamander Thanda, Chandampet, Nalgonda Dist.

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...RESPONDENT/PETITIONER

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State of Telangana, Rep. by its Prl. Secretary, Revenue Department, Secretariat, Hyoerabad.

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The Collector, lrlalgonda Diskict.

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The Thasildhar, Chandampet, Nalgonda District.

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The Mandal Surveyor, Chandampaet Mandal, Nalgonda District.

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...REPONDENTS/REPONDENTS NO.1 TO 4

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Petition under fiection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dl:21-07-2023 granted in W.P.No.1933912023.

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Counsel for the Petitioner: SRI PRUDHVI RAJ MUDUNURI

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Counsel for ffre Respondent Nos.l to 4: AGP FOR REVENUE

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Counsel for the Resp,ondent No.S: SRI RAPOLU BHASKAR

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The Court made the frrllowing: ORDER

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./.

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THE HON'BLE SRI JUSTICE^{C. V. BHASKARREDDY}

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WRIT PETITION No. 19339^{of 2023}

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ORDER:

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This writ petition has^{been filed seeking to declare the} action of respondent^{No.3 in issuing the impugned notice dated} L}.O7.2O23 for the^{purposeof survey in respectof land in} Survey No.52 situated at^{ChandampetVillage and Mandal,} Nalgonda District,^{whichbelongsto the petitioner,as illegal and} arbitrary and for other^{appropriatereliefs.}

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The petitioner claims to^{be the absoluteowner of} agricultural land in^{Survey Nos.52/7e52} 115^admeasuring Ac.2.O7 guntas and^{Survey No.52/8/1 admeasuring Ac'1'02} guntas situated at^{ChandampetVillagc and Mandal, Nalgonda} District, having acquired^{the same from his ancestors' It is} stated that when^{respondent No.5, who is not having any right} ortitleoverthesubjectproperty,istryingtointerferewiththe petitioner's possession,^{he was constrainedto hle O'S'No'347of} 2Ol9 on the file^{of Senior Civil Judge at Nalgonda, whereinthe} Court below^{granted temporaryinjunctionvide order dated} 22.O8.2O1g in^{I.A.No.1196 of 20 l9 restrainingthe defendants}

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CVBR, J Wp_19339 _2023

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therein frorn interfering with the petitioner's property and the said suit is pending. It is further stated that respondent No.5 also filed another suit vide O.S.No.23O of 2022 on the file of Principal Junior Civil Judge at Devarakonda and the said suit is also pen<ling. It is further stated that suppressing the said facts, respondent No.5 earlier filed W.p.Nos.Z973 ar-rd 13g01 of 2023 and tLLis Court disposed of the said writ petitions directing the concerned authority to conduct survey of the said tand by following du.e process of law. The grievance of the petitioner is that despite the injunction order passed b1, the Court below, under the grise of the orders passed by this Court. at the instance of respondent No.5, respondent No.3 issued the impugned sl-llvey notice dated 19.07.2023, r.r,hich is illegal and arbitrary.

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Considered the submissions of the learned counsel lor the parties aI-rd perused the record.

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A careftrl examination of the record disclose s that there are serious ci'il disputes between the petitioner and respondent No.5 in respest of the subject property, u,hich are pending for

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CVBR, J wp_19339 _2023

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adjudication vide O.S.Nos.347 of 2Ol9^{and O.S.No.230 of 2022} on the file of the respective Courts.^{Therefore, this Court} without expressing any opinion on the^{right and entitlement of} either of the parties, deems it appropriate to^{dispose of the writ} petition, by relegating the parties to hle appropriate^application in the pending suits, if any necessity arises^{for conducting} survey of the subject property. On^{hling such application, the} concerned Court is directed to^{examinethe same and pass}

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appropriate orders on its own merits,^{in accordancewith law.}

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The writ petition is accordingly^disposedof.

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As a sequel thereto, miscellaneous^{petitions, ifany,}

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pending shall stand closed. There^{shallbe no orderas to costs.}

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Sd/. A. SRINIVASA DDY ASSISTANT^REGI RAR

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/ITRUE COPY//

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SECTION OFFICER

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To, 1. The Principal Secretary,^{Revenue Department,Secretariat, Stateof} Telanqana. Hvderabad.

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The Cittector, Natgonda^District. 5. fG Thasildhir,^{C6andampet, NalgondaDistrict'} . ;. iii; l,irnoat Sr'rr"vor,^{Chindampaet Mandal, NalgondaDistrict'} d. d; CC 6 bri^{pru6rtvi Rai Muduhuri,AdvocateI-oPUcl-}

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o.rwoCCstoGPforReveriue'HighCourtfortheStateotlelangana'aI Hvderabad IOUTI

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dr; CC to Sri^{Ra'poluBhaskar, Advocate IOPUC]}

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Two CD CoPies

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HIGH COURT

DATED:2611112024

ORDER

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WP.No.19339 of 2023

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DISPOSING OF THE WRIT PETITION WTHOUT COSTS

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Ramavath Dharma v. State of Telangana

Case brief

What is this about?

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Ramavath Dharma v. State of Telangana

Case brief

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What did the court decide?

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