Petitioner sought quashing of a Gram Panchayat letter continuing his late father's name in house tax records for House No.7-20. The court was told a by-number (7-20/1A) had been allotted recording the petitioner's wife as owner of his portion. The writ petition was closed with no order as to costs.
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[3219 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE SEVENTEENTH DAY OF DECEI/BER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
WRIT PETITION NO: 24633 OF 2022
Between:
Kukkala Lingaiah, S/o. Late. Pochaiah, aged about 54 years, Occ Agriculture, Rl/o. H.No. 7-20, Arnakonda Village, Choppadandi Revenue Mandal, Karimnagar District
...pETrroNER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ more particularly one in the nature of a writ of Certiorari under Article 226 of Constitution of lndia or any other appropriate Writ or order or direction to call for the records relating to letter No.A5/'145312O22-Pan. Dated16- 05-2022 of District Panchayath Officer, Karimnagar District and letter No.4212022 dated 15-03-2022 of Gram Panchayath Office Aarnakonda Village, Choppadhandi Mandal, Karimnagar District and QUASH THE SAME wherein the same are unconstitutional void, illegal, arbitrary and violation of Articles 14, 3004 of the Constitution of lndia consequently direct the official respondents to continue the petitioner i.e. Kukkala Lingaiah name as owner of House Number. 7-20, Aarnakonda Village, Choppadhandi Mandal, Karimnagar District in the interestof justice.
lA NO: 1 OF 2022
Petition under Section 151 CPCpraying thatin the circumstances statedin the affidavit filed in supportof the petition,the High court may be pleasedto direct the respondentsto grant necessary permissionsto the petitionerfor the House Number. 7-20, AarnakondaVillage, Choppadhandi Mandal, Karimnagar Districtin the interest ofjustice.
Counsel for the Petitioner: SRIBASKULA ATHIK Counsel forthe RespondentNos.l TO 3: GP FOR PANCHAYAT RAJ & RURAL DEV Counsel for the Respondent Nos.4& 5: SRIP.KISHORE RAO, SC FOR GRAM . PANCHAYATH Counsel for the RespondentNo.6: SRI CH.PRADHEEPKUMAR RAJU The Court made the following: ORDER
I I I
TI{E HONOURABLE SMT JUSTICE T.MADHAVI DEVI
W.P.NO. 24633 A" 2022
ORDER:
In this writ petition, the petitioner is seeking a direction to the respondents to set aside the letter issued by the respondents at 16.05.2022 and. consequently to continue the name of the petitioner as owner of house number 7-20, Aarnakonda Village, Choppadhandi Mandal, Karimnagar District and to pass such other order or orders in the interest of justice.
2
TXD,J w.P.^'o. 246s3 oJ 2022
i
petitioner, to submit the registered documents in his favour for recording th.e property in his name andthough *repetitioner has submitted all the relevant documents,they have issued the impugned order dated 16.05.2022 for continuingthe name of the petitioner's father as the owner of thepropert5r. Itis submitted that challenging the same,the present writ petition has been filed.
Panchayath i.e., respondent No.5, hasproduced a copy of the Gram Panchayath records, underq,hich, the house bearing No.7-2O was initially recorded in the name of the petitioner ald subsequentiy a by-number has been aliotted i.e. , No.7 -2O I I I A, which is recorded in the name of his wife i.e., Kukkala Laxmi. Therefore, according to the learned standing counsel, the request of the petitioner has been considered ald a by-number has been aliotted to his portion of the house.
3
TU4J W.P.N.- 21633 o.f 2a22
lhe house No.T-2Ol1lA, arrd the petitioner has no objection lor the same, the writ petition is closed. There sharl be no order as to costs.
SD/- T. TIR ALA D ASSISTANT G
//TRUE COPYi/
S N OFFICER
To 1. On CC to SRI BASKULA ATHIK, Advocate [OPUC] 2. fwo CCs to GP FOR PANCHAYA T RAJ & RURAL DEV, High Court for the State of Telangana, at Hyderabad lourl Ohe CC to SRI P.KISHORE RAO, SC FOR GRAIV PANCHAYATH [OPUC] 4. 3 OneCC to SRI CH.PRADEEP KU N/AR RAJU, Advocate IOPUC] 5. Two CD Copies PSK. GJP
r
HIGH COURT
DATED:1711212024
ORDER
WP.No.24633 of 2022
CLOSING OF THE WRIT PETITION WITHOUT COSTS
{
I 7b)5
1 issue framed by the court
Whether the Gram Panchayat records could continue to record the petitioner's father as owner of House No.7-20 despite the petitioner's recorded ownership and partition.
Kukkala Lingaiah
The State of Telangana, Represented by its Principal Secretary, Panchayath Raj Department
The District Collector, Karimnagar District
The District Panchayath Officer, Karimnagar
The Mandal Panchayath Officer, Choppadandi Mandal, Karimnagar
The Panchayath Secretary, Aarnakonda Village, Choppadandi Mandal, Karimnagar
T.Madhavi Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
