Allowed

Venkatappa, v. The State of Telangana

Telangana HC3 Oct 2024WP/27491/2024

Case brief

AI extract

What is this about?

Writ petition challenging an order passed by the District Collector instead of the Special Tribunal in violation of the High Court's earlier remand order. The court set aside the impugned order and remanded the appeal to the Special Tribunal for fresh disposal on merits with notice to all parties.

What did the court decide?

Impugned order dated 31.05.2024 set aside; Appeal Case No.A/1326/2007 remanded to respondent No.2 Tribunal for fresh disposal on merits with notice to all parties, preferably within three months.

Venkatappa, Vs The State of Telangana — Property and Title | Telangana HC (2024)

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HIGH COURT FOR THE STATE OF T.ELANGANA AT HYDERABAD (Special Original Jurisdiction)

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[³¹⁶⁶ ]

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THURSDAY ,THE THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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WRIT PETITION NO: 2749't OF 2024

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Between:

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Venkatappa, S/o Bheemanna, Aged about 55 years, Occ Agriculture, R/o Ko lpu r Villa ge, [,4aga noo r I,4andal, Na rayanpet District ...PETITIONER

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AND

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The State of Telangana, rep by its Principal Secretary Revenue Depa(ment, Secretariat, Hyderabad. 2. The Special Tribunal, Rep by District Collector, Narayanpet District. 3. The Revenue Divisional Officer, Narayanpet, Narayahpet District. 4. The Tahsildar, [Vlaganoor Mandal, Narayanpet District. 5. Pandurang Rao [/utalik, S/o Late Venkat Rao Mutalik, Aged about 57 years, Occ. Govt Employee, R/o H.No.1-8-702, Adjacent to Shanker - Mutt, Nallakunta, Hyderabad.

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Sri Abdul Azeez, (Died) as per LR's

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lvlalan Bee, W/o Abdul Aziz, AS.e, Q9 years, Oce. Agriculture, Rl/o Janampet Street, I\4akthal village and Mandal, Naryanpet District.

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B. Abdul Rahim, S/o Abdul Aziz, Age. 42 years, Occ. Agriculture, Ryo Janampet Street, Makthal village and trlandal, Naryanpet District.

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Abdul Salam, S/o Abdul Aziz, Age 40 years, Occ. Agriculture, Rl/O Janampet Street, Makthal village and [V1andal, Naryanpet District.

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'10.G Parvathi, W/o G.V Narasimha Raju, Aged about 43 years, Occ. Housewife, R/o Kolpur Village, Maganoor Mandal, Narayanpet ,,.,r'",

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...*=aTONDENTS

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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 any writ order or direction more particularly one in the nature of Writ of Certiorari to call for the records connected with impugned order vide Prog No. D119712021 , dated 31-05-2024 from the office of the 2nd respondent Tribunal disposed the appeal filed by the sth respondent order to delete the names of^pattadar in respect of Ac.0-15 gts in Sy.No.l 57, Ac.1-24 gts in Sy No.3B4lA, Ac.0^-37gts in Sy.No.3B5/A, Ac.0-34 gts in Sy. No.397/A, Ac.1.20 gts in Sy.No.398A and Ac,0-20^gts in Sy No.384/A, Ac.O -20gts in Sy.No.385/A, Ac.0-20gts in Sy. No.397/A, Ac.0.20gts in Sy.No.39BAA, situated in Kolpur

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village, t/agnoor [Vlandal of Narayanpet District as null and void as^illegal unlawful and contrary to the^provisions of Telangana Rights in Lands and Pattadar Pass, Books Act and Rules law and against the^principles of natural justice and set aside the same consequently suspend the operation of the impugned order dated 3110512024, vide Prog. No. D|1971202'l^passed by the^2nd respondent Tribunal and continue the name of the^petitioner in the revenue records by issuing new e-pattadar^pass book in respect of agricultural land admeasuring Ac.0-20 gts in Sy No.3B4/A, Ac.0 -20gts in Sy.No.385/A, Ac.0-20gts in Sy. No.397/A, Ac.O.20gts in Sy.No.39BAA, total extent AC.2-00gts situatedⁱⁿ Kolpur village, Magnoor Mandal of Narayanpet District

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lA NO: 1 OF 2024

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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 suspend the operation of the impugned order dated 31-05-2024, vide Prog. No. D119712021 passed by the 2nd respondent Tribunal by issue new e-pattader pass book in respect of agricultural land admeasuring Ac.0-20 gts in Sy No.384/4, Ac.0 -20gts in Sy.No.3B5iA, Ac.0-20gts in Sy. No.397/4, Ac.0.20gts in Sv.No.39BAA, total extent AC.2-00gts situated in Kolpur village, Maanoor Mandal of Narayanpet District in favour the petitioner in pending disposal of the Writ Petition

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Counsel for the Petitioner: SRI. NAMBI KRISHNA

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Counsel for the Respondents: GP FOR REVENUE

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE K. LAKSHMAN

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WRIT PETITION No.2749L of 2024

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oRDER:

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Heard Sri Nambi Krishna, learned counsel appearing^{for the petitionerand Sri L. Ravinder,learned} Assistant^{Government Pleader for Revenue appearing for} respondent^{Nos.1 to 4.}

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Perusal of record would reveal that^{respondentNo.5} has Iiled a^{Writ Petition vide W.P.No.29548 of 2022} challenging^{the order in Appeal CaseNo.A/1326} l2OO7 dated O1.02.202^{1 passed by respondent No.2.Vide order} dated L9.O7.2O22,^{this Court while settingasidethe} aforesaid^{orderdated O1.O2.2O21,remanded the matter} back to respondent^{No.2 for fresh disposalon meritsby} duly putting all^{the parties on notice and affording them} an opportunity^{of hearing. Three (3) monthstime was} granted to respondent^{No.2 to dispose of the said matter.}

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KL,J w P.No 274St of 202f

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Instead of Special Tribunal i.e., respondent No.2 disposing of the subject matter, the District Collector Narayanpet District alone disposed of the same and passed the impugned order dated 31.O5.2024. Thus, the impugned order is in violation of order dated 19.OT.2O22 passed by this Court in W.P.No.29548 of 2022. Therefore, the impugned order dated 31.05.2024 passed by the District Collector, Narayanpet District is liable to be set aside.

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In view of same, this Writ petition is disposed of at the admission stage dispensing with notice to respondent Nos.S and 7 to lO.

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In the light of the aforesaid discussion, this writ petition is allowed. The impugned order dated 31.05.2O24 passed by the District Collector, Narayanpet District is set aside. Matter is remand back to respondent No.2 with a direction to decide the Appeal Case No.A/ 13261200T afresh by putting the petitioner, respondent Nos.S and, 7

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KL.J W P.No.27491 of202q

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on to 10 and^a-lso the legal^{heirs of respondentNo.6} notice and affording them arr opportunity.^Respondent No.2 shail decide the same, strictly in^{accordance with} law, in compliance of order dated 19.07.2022^{passed by} this Court in W.P.No.29548 of 2022, as^{expeditiously as} possible, preferably within a^period of three^{(3) months} from the date of receipt of a copy^{of this order.There} shall be no order as to costs.

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As a sequel, miscellaneous^{petitions, if any, pending} in the Writ Petition shall stand^closed.

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SD/. P.PADMANABHA R DY ASSISTANT REGI R

\ \

//TRUE COPY'

SECTION FFICER

To,

1 The Principll Secretary Rgvelye Department, Secretariat, T.S.,Hyderabad. 2. Ihe Special Tnbunal, Rep qy District Collector, Narayanpet Distiici. 3. The Revenue Divisional Officer, Narayanpet, Naraya'npet District. 4. The Tahsildar, Maganoor Mandal, Naiayanpet Disirict.

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One CC 1o SRl. NAMBI KRtSHNA, Advocate tOpUCl

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Two CCs to GP FOR REVENUE .High Court fbr tne State of Telangana at Hyderabad [OUT] 7. Two CD Copies .//

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HIGH COURT

DATED:0311012024

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ORDER

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WP.No.27491 of 2024

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ALLOWING THE WRIT PETITION WITHOUT COSTS

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Venkatappa, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Venkatappa, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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