Disposed

Kethavath Sriveni v. The State of Telangana

Telangana HC16 Dec 2024WP/35193/2024

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a Writ Petition under Article 226 and an interlocutory application under Section 151 CPC seeking to restrain revenue authorities (Respondents 3-5) from interfering with the petitioner's purchased land. The Court held that if a claim exists against the purchaser, strict legal procedure, including notice and reasoned orders, must be followed.

What did the court decide?

The Writ Petition was disposed of without going into the merits of the case, directing that if authorities have claims, they must follow due law.

Kethavath Sriveni Vs The State of Telangana — Landlord and Tenant | Telangana HC (2024)

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

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MONDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 35193 OF 2024

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Between:

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Kethavath Sriveni, Wio. K. Sardhar, Aged about 38 years, Occ. Household, Rl/o. H-No.5-4-404, Plot No.187, Roa-d No.B, Kam5lanagar, Hayathnagar, Vanasthalipuram, R.R. District.

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...PETITIONER

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AND

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1 The State -of .Telangana, Rep. by its Principle Secretary (Revenue), Secretariat Building, Hyderabad.

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Chief Commissioner of Land Administration, Nampally Station Rd., Opp Annapurna Hotel, Abids, Hyderabad.

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The District Collector, Adilabad District Rickshaw Colony, Adilabad, Telangana 504001 ,

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The Revenue Divisional Officer, Adilabad District.

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The Tahsildar, Talamadugu Manda Adilabad District

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...RESPONDENTS

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Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or any direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents more particularly Respondent No. 3 to 5 in interfering in Petitioners land admeasuring an extent of Ac.5.00 Gts situated at Sy. No.82l48, Pangidipippiri G.P. Devapur, Talamadugu Mandal, Adilabad district as illegal, arbitrary and without following the due procedure of law in absolute violation to Article 14,21 and 300-A of the Constitution of lndia and consequently direct the Respondent No.3 to 5 not to interfere in the Petitioners land admeasuring an extent of Ac.5.00 situated at Sy. No.82148, Pangidipippiri G.P. Devapur, Talamadugu Mandal, Adilabad 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 direct the Respondent No.3 to 5 not to interfere in the Petitioners land admeasuring an extent of Ac.5.00 situated at Sy. No.82l48, Pangidipippiri G.p. Devapur, Talamadugu Mandal, Adilabad district.

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Counsel for the Petitioner: SRI E.VENKATA SIDDHARTHA

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Counsel forthe Respondents: AGP FOR REVENUE

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The Court made the following: ORDER

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HON,BLE^{SRI JUSTICE C'V' BHASKAR REDDY} WRIT^{PETITIONNo.35193 of2024}

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ORDER:

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.ThiswritPetitionisfiledseekingtodeclaretheactionof respondent^{Nos'3 to 5 in interferinginto the petitioner's land} admeasuringAc.5.ooguntasinSy.No.32l48situatedat Pangidipippiri^{Gran Panchayat' Devapur' Talamadugu Mandal'} AdilabadDistrictasillegal,arbitraryandwithoutfollowingdue process^{of law and for other aPpropriate reliefs'} 2. ItiSstatedthatthepetitionerhadpurchasedland 1n sy.No.82/48^situatedat admeasuring^{Ac'5'0O guntas} Pangidipippiri^{Gran Panchayat' Devapur' Talamadugu Mandal'} AdilabadDistrictthroughregisteredsaledeedbearing document^{No'3737 of 2Ol4'd'ated'26 'O7 '2014 ' It is further} Statedthatthenameofthepetitioner.isrecordedinallthe revenue^{recordsas pattadar and pattadar pass bookbearing} No.T1316O220^{252 uideKhata No'475 was issuedin her favour} undertheprovisionsoftheTelanganaRightsinLandand PattadarPassbooksAct,2o2o(forshort,theActgof2o2o"|. The^{grievance of the petitioner isthat the respondent} authorities,^{without following the procedure' are makingefforts} to dispossess^{her from the subjectland'}

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cvtlR. J Wp_35193 2024

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3 Considered the submissions made by the learned counsel for the parties and with their consent this u,rit petition IS disposed of at the admission stage.

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In view of the submissions made by the learned counsel for the respective parUes and stnce it is stated that the respondents are making efforts to dispossess the petitioner from the subject land without following due procedure as contemplated under law, this Court, without going into the merits of the case, is of the opinion that if the respondent authorities are having any claim or right over the subject property having purchased by the petitioner under registered sale deed, they are having only right to take appropriate action strictly in accordance with law after issuing notice to the petitioner and after considering her objections pass a reasoned order.

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5 With the above observations, this Writ petition is disposed of. There shall be no order as to costs.

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6 As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

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SD/-K. SREE RAMA URTHY ASSISTANT RE ISTRAR

//TRUE COPY//

To,

SECTION OFFICER

The Principle Secretary (Revenue), Secretariat Building, Hyderabad, State of Telangana.

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The Chief Commissioner of Land Administration, Nampally Station Rd., Opp Annapuma Hotel, Abids, Hyderabad.

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The District corrector, Adirabad District Rickshaw corony, Adirabad, Telangana 50400'l

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The Revenue Divisional Officer, Adilabad District.

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it /l

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The Tahsildar, Talamadr

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Manda Adilabad District.

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1. one cc to SRI E.VENK

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, lr"m*"rr,,'"T [1i.?:'ffi ::#;:;,: :::::, Telangana at

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B. Two CD Copies

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BSR BS

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HIGH COURT

DATED: 1611212024

ORDER

WP.No.35193 of 2024

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DISPOSING OF THE WRIT PETITION, WITHOUT COSTS

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Kethavath Sriveni v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Kethavath Sriveni v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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