Disposed

Sri N.Anjaneyulu v. The State of Telangana

Telangana HC2 Feb 2024WP/2668/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the High Court directed the Tahsildar to conduct an enquiry into an application filed by the petitioner (legal heirs of a protected tenant) for succession and recovery of possession under Sections 32 and 40 of the Telangana Tenancy and Agricultural Lands Act, 1950, ordering disposal within two months.

What did the court decide?

Directive to the Tahsildar to conduct enquiry on application dated 19.01.2023 under Sections 32 and 40 of Tenancy Act and pass orders within two months.

Sri N.Anjaneyulu Vs The State of Telangana — Property and Title | Telangana HC (2024)

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H .lL.' FoR rHE srArE oF TELANGANA I T AT HYDERABAD original Jurisdiction) i ltsoe"iut FRIDAY, THE SECOND DAY OF FEBRUARY TWb THOUSAND AND TWENTY FOUR

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[ 3183 ]

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PRESENT

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tr=ra:JRABLE SRI JUSTICE B.VIJAYSEN REDDY

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,,[*,, f=r,r,oN No: 2668 0F 2024 Between:Sri N.Anjaneyu o, II ate Naganna, Aged about 55 years, Occ. Agriculture R/o H.No.2-12.1 08,^I Tel ugu Veedi, Kollapur Mandal, Nagarkurnool District, Telangana Stat6

...PETITIONER

AND

I 1. The State^{of Te} la ana Rep. by its Principal Secretary Revenue Department Secretariat, Hyderabad.

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-2. TheChief Comtni&ioner Land Administration, covemment of Telangana Nampally, Hyderabad. ,

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The^{OistrictCotLJor,Wanaparthy District.}

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The Revenue^{O'iuitionut Officer, Wanaparthy Revenue} Division Wanaparthy

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,. 1:j1"ir.,"",, Ll,,.,t^{Mandarwanaparthy District.}

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I I i ..REspoNDENrs

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Petition under lAlllcle bZA of Ue Constitution of lMia^praying that in ttle circumstances stat.J,il thef affidavit filed therewith, the High Court may be pleased to issue un Jp#opriit" Writ, order or Direction, more particularly one in the nature of Writ othrltndamus, declaring the action of the 5h Respordent in failing to consider "nb 6i"po." of the application dated 1g.O1.2023 bearing File No.Bl553l2o23, filed lbI the Petitioner uisec.32 and 40 of T.S. Tenancy and Agricultural Lands Act, lnUO,',, date without any valid reason as illegal, arbitrary, unconstitutionat anO^-,cof,trary to law and consequently direct the Respondent Nos.3 to 5 more pahi&t..ty the Sth respondent to hear and dispose of the application dated 19.01&023 bearing File No.B/553 12O23, fted by the petitioner u/sec.32 and 40 of T.t. tenancy and Agricultural Lands Act, 1950 without

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reference to tt," !at"r,r. issued by the 2nd respondent bearing No.Assn.l(i/463/2 oZOld.Oz.OO.Z020 on merits and to restore the possession to the petitioner and nis lailrity members for the property admeasuring Ac.9.08 gts in Sy.No.92 of Kanin accordance with l€

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A NO: 1 OF 2024 Petition und ru:: ::: :^::::::::_: the affidavit filed ir sup$rt of the petition, the High Court may be pleased to direct the Srh Respondent tb fortfrwitfr consider and dispose of the pending application dated 19.01 .202s oetirib Fib No.B/553i2O23 oI the petitioner filed u/sec.32(1) of T.S. Tenancy anO Rjrictrnural Lands Act, 1950 without reference to the Circular issued by the 2nd rdsJbnOent in Memo No.Assn.l(t)/46gtZOzO dt.O7.Og.2O2O as expeditiously as X,ssibtU, pending disposal of the above writ petition.

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Counsel ro. *," P,,titlof r: SRI K KIRAN KUMAR Counsel for the Ros : AGP FOR REVENUE The Court made ttre ng: ORDER

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,{ (

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I I

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HONOURABLE SR!JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.2668 OF 2024

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ORDER:

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ln this writ petition, the petitioner is aggrieved by the action of respondent No.5-Tahsildar, Kothakota Mandal, Wanaparthy Dstrict, in not disposing of his application dated 19.01.2023 in File No. 8,155312022 filed under Section 32 read with Section 40 of the Telangana Tenancy and Agricultural Lands Act, 1950 (for short 'Tenancy Act'), as being arbitrary and unconstitutional.

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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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lt is stated that one Mr. Narkula Buddanna was the protected tenant of the land admeasuring Acs.9-08 Gts in Survey No.92 of Kanirnetta Village Sivar, Kothakota Mandal, Wanaparthy District. The petitioner and others are his legal heirs and they had been in possession of the subject property. Ttrcy are entitled for succession under Section 40 of the Tenancy Act and also for recovery of possession under Section 32 of the Tenancy Act. The petitioner submitted an application under Section 40 of the Tenancy Act on 19.01.2f.23 in File No.B/55312O22 before respondentNo.S.

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ln view of innocuous rerief sought for by the petitioner, the writ

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petition is disp,osed of directing respondent No.5 to conduct enquiry in the succession apprication dated 19.01.2o23 ot the petitioner fired under Section 40 of the Tenancy Act in File No. 8/553/2022, by issuing notice to the lrctitioner and other concerned/interested persons, and pass orders in accordance with raw within a period of two (02) months

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from the date cf receipt of a copy of this order. No order as to costs.

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

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in this writ petit on stand closed.

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SD/-N. CHANDRA SEKHAR (AO ASSISTANT REGtSftAR //TRUE COPYII SEcTIoN E/,,",^ 1. The Tahsildar, il" kota Mandal Wanaparthy District. 2. One CC to S;ri K Kiran Kuma r, Advocate IOPUCI 3. Two CCs to GP fdr ReVenue ,^High Court for the State of Telangana, at Hyderabad [ourl 4. Two CDCop e$

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To,

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TJ SB

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HIGH COUFIT
DATED:0zleZl 4
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DISPOSING OF H WRIT PETITION
WITHOUT I
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Sri N.Anjaneyulu v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sri N.Anjaneyulu v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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