Disposed

Tej Inland Container Depot Pvt. Ltd. v. The State of Telangana

Telangana HC23 Dec 2024WP/35986/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the deletion of land from the Dharni portal. The court declined to adjudicate the disputed land title, directing the authorities to examine the petitioner's representation on recorded rights and pass a reasoned order.

What did the court decide?

The High Court was directed to examine the petitioner's representation and pass a reasoned order on deleted land records.

Tej Inland Container Depot Pvt. Ltd. Vs The State… — Service and Employment | 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 TWENTY THIRD 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: 35986 OF 2024

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Between:

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TEJ INLAND CONTAINER DEPOT PVT. LTD; Rep by its director^i.e., JAGJEET SINGH GABADIA, S/o Swaran Singh Gabadia, aged about 37 years, Occ Business, R/o H.No.6-1-150, Padma Rao Nagar, Secunderabad, T.S.

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...PETITIONER

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AND

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

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The District Collector, Yadadri-Bhuvanagiri District, At Yadadri Bhuvanagiri. 3. The Assistant Director of Survey and Land records, Yadadri-Bhuvanagiri District. At Bhuvangiri.

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The Revenue Divisional Officer, Yadadri-Bhuvanagiri District. At Bhuvangiri. 5. The Tahsildar, Yadadri-Bhuvanagiri District. At Bhuvangiri

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...RESpONDENTS

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Petition under Article 226 of lhe Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court^{may be} pleased to pass an order or orders in the nature of Writ of MANDAMUS under Article 226 of Constitution of lndia A)Declaring the action of the Respondents^No. 2 to 5 for deleting the name of Mohan Jeet Kaur Gabadia Wo Jagjeet Singh Gabadia from Dharni^portal in respect of SY. No. 79lAl2 lo the extent of Acr. 2.16 Gts. without notice to the^petitioner which is situated at Nagireddy^pally village, Bhongir Mandal be then Nalgonda District now Yaddari Bhuvangir^Districtand consequently direct the respondents to consider the representation dated^'07-12- 2024 for uploading the name of the Mohan Jeet Kaur Gabadia W/o Jagjeet Singh Gabadia in Dharni Portal and Revenue Records with regard to the subject^matter of the Propert/2Oectaring the action of the Respondents No.2 to 5 as totally illegal, arbitrary. against law, against principles of Natural Justice, violation of 300-

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A of the constitution of lndia and violation of the Telangana Rights^{in Land} and Pattedar Passbook, 1971^.

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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. 2 to 5 to consider the representation dated 7-12-2024 for deletion of SY. No. 79lAl2 to the extent of Acr. 2.16 Gts. without notice to the petitioner which is situated at Nagireddy pally village, Bhongir Mandal be then Nalgonda District now YaddariBhuvangir District and upload the^{name of Mohan} Jeet Kaur Gabadia W/o Jag.ieet Singh Gabadia in^{Dharni portal and other revenue} record still^pending disposal of the main Writ Petition.

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Counsel for the Petitioner: SRI SURESH SHIV SAGAR Counsel for the Respondents: SRI L.RAVINDER, 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 PETITION^NO .35986 of2024

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ORDER:

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It is stated that the^{petitioner is a company incorporated} under the provisions of^{the CompaniesRegistration Act, 1956,} engaged in the business^{of Inland Containers'It is further stated} that the petitioner^{companyconsisting of the family membershave} acquired the land^{admeasuringAcs.3.31 guntas inSy'No'7O;} Acs.5.29 guntas in Sy.No.71;^{Acs-2.72grants inSy'No'72;} Acs. 15.21 guntas in^{Sy.No.73;Acs.2-26 guntas in Sy'No'74,thus} total extent of Acs.28.39^{guntas situatedat NagireddypallyVillage,} Bhongir Mandal, Yadadri-Bhongir^{District, under registeredsale} deed No.6374 of 2OO7,^{dated O5.06.2007.It is lurtherstated that} the petitioner company^{alsoobtainedthe land to an extent of} Acs. 14.26 7z^{guntas in varioussurvey numbers situatedin the} same village, on lease.^{It is further stated that the petitioner} company made an application^{forconductingsurvey and} demarcation in respect of^{the said property and when the said} application has not been^{consideredinterms of the circular} instructions issued by the^{Commissioner,Survey andLand} Records, the petitioner company^{was constrainedtolile} W.P.No.5599 of 2024 before this^{Court and this Court, uideorder,} d,ated 27.06.2024, directed the respondents^{therein to consider the}

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said application within a period of six weeks from the date of receipt of a copy of that order. The grievance of the petitioner company is that the respondent authorities have not taken into consideration of the larrd forming part of Sy.No.79 and excluding the said land from the purview of survey and proceeding to conduct survey.

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Considered the submissions made by the learned counsel for the parties and with their consent this writ petition is disposed of at the admission stage.

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Learned counsel for the petitioner has vehemently contended that the respondent authorities while issuing notice for conducting survey have deleted the land in Sy.No.79 and if any survey being conducted without takiog into consideration of the land forming part of Sy.No.79, the said survey does not amounts to conduct survey in compliance with the directions of this Court in W.P.No.5599 ol 2024.

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Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents has placed written instructions, dated 20.12.2024, wherein it is stated that the total Rakba of Sy.No.79 is Acs.43.25 guntas and after preparation of sub-division of the records, land to an extent of Acs. 1 I . 1 1 guntas in Sy.No.79 was already acquired for construction of new B.G. line by

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the South Central Railways,^{after following the due procedureas} contemplated under the^provisions of^{the Land AcquisitionAct,} 1894. According to the learned^{AssistantGovernmentPleaderthere} is no land available in Sy.No.79lAA /2,^{which.is sub-divisionof} Sy.No.79 and since there is no^{land available,the respondent} authorities are rightly deleted^{the land in Sy'No.79 for conducting} survey and there is no legal^{infirmity warranting interference of this} Court under Article 226 of the^{Constitutionof India to resolve the} dispute whether the land existing on^{the groundor not.}

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It is well settled that the High Court^{exercisingits} extraordinary writ^jurisdiction under^{Article 226 of the Constitution} of India, does not adjudicate the^{disputed questions.Since it is} stated that the petitioner has made^{a representation dulyenclosing} the documents relating to the sub-division^{records of Sy.No.79,this} Court, without expressing the right and^{entitlement ofthe} petitioner basing on the sale deed, the ends ofjustice^{wouldbe met} if the respondent authorities are^{directed toexaminethe} representation and pass a^{reasoned order duly takinginto} consideration of the revenue^{records as well as the order passedby} this Court in W.P.No.5599 of 2024^{and communicatethe same to} the petitioner, as expeditiously as^{possible. If the petitioner is}

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aggrieved with any communication of the Tahsildar, liberty is given

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to it to approach the competent civil Court in accordance with law.

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

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

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SD/-A.V.S. PRASAD ASSISTAN EG

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//TRUE COPY//

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S N OFFICER To I The Principal Secretary, Revenue Department, Secretariat, Hyderabad, Telangana State, State of Telangana. 2 The District Collector, Yadadri-Bhuvanagiri District, At Yadadri Bhuvanagiri. 3 The Assistant Director of Survey and Lahd records, Yadadri-Bhuvanagiri District. At Bhuvangiri. 4q The Revenue Divisional Officer, Yadadri-Bhuvanagiri District. At Bhuvangiri The Tahsildar, Yadadri-Bhuvanagiri District. At Bhuvangiri b One CC to SRI SURESH SHIV SAGAR, Advocate [OPUC] 7 Two CCs to GP FOR REVENUE, High Court for thd State bf Telangana, at Hyderabad [OUT] Two CD Copies PSK. BS

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HIGH COURT

DATED:2311212024

ORDER

WP.No.35986 of 2024

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Tej Inland Container Depot Pvt. Ltd. v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Tej Inland Container Depot Pvt. Ltd. v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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