Disposed

Sayini Sathish and another v. The State of Telangana and 7 others

Telangana HC9 Dec 2024WP/3903/2023

Case brief

AI extract

What is this about?

This High Court disposed of a writ petition challenging a revenue order granting notional khata to patta without verifying a Special Tribunal order. The Court directed the respondent to apply for a survey to demarcate the land and maintain status quo pending results.

What did the court decide?

Petitioner permitted to apply for survey; status quo maintained on the property until survey completion.

Sayini Sathish and another Vs The State of Telangana and… — Land Acquisition | Telangana HC (2024)

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[^32e6 ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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MONDAY, THE NINTH 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: 3903 OF 2023

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Between:

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'l . Sayini Sathish, S/o. Sayini Lingaiah, Aged42 years, Occ;Agriculture, Fl/o.456, Gantlakunta, Warangal, Kodakandla, Telangana.

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Saini Laxman, S/o. Somayya, Aged 40 years, Occ ; Agriculture, R/o. 1-178, Gantlakunta, Warangal, Kodakandla, Telangana.

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.....PETITIONERS

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AND

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

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The Chief Secretary and CCLA., State of Telangana, Secretariat., Hyderabad.

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The District Collector, Mahabubabad District.

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The Revenue Divisional Officer, Thorrur, Mahabubabad District.

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The Tahsildar, Peddavangara Mandal, Mahabubabad District.

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The Deputy lnspector of Survey, Torruru Division, Mahabubad District.

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The Station House Officer, Pedha Vangara Police Station, Peddavangara, Mahabubabad District.

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Damidi Venkatakrishnareddy, S/o. Sri RamReddy, Aged. 46^year, Occ. Business, Fl/o. Rangapuram village, Kodagandla Mandal, Jangam^District, Telangana.

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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, tne Hlgfr Court^{may be} pleased to issue an order or writ or direction or more particularly in the nature of writ of MANDAMUS declaring the action of the Respondents^{more particularly} Respondent No. 3 in recommending for^grant of Notional^Khata to^{Patta vide No}

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D129812O21 daled. 2311112020 for the land in Sy.No. 324 situated at Ganflakunta village, peddavagara mandal, Mahabubabad District without verifying the order dated. passed by Special Tribunal in and consequently set aside the 3rd Respondent proceed ings vid e No D I 298 I 2021 dated. 23 I 1 1 12022.

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I.A.NO:1 OF 2023

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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 proceedings vide No D129812o21 dated. 23111t2022 of the 3rd Respondent, pending disposal of the main writ petition.

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|.A.NO:2 OF 2023

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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 Respondents more particularly Respondents No. 5 and 7 not to dispossess the petitioner over the land in Sy.No. 32stBl111t2 extent Ac 1-07 Gts and Sy.No. 324111112 extent Ac 1-13 Gts, total Ac 2-20 Gts and land inSy.No. 32414 extenr Ac 3-15 Gts situated in Ganflakunta village, peddavagara mandal, Mahabubabad District, pending disposal of the main writ petition.

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LA.NO:3 OF 2023

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Between

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Damidi Venkatakrishnareddy, S/o. Sri RamReddy, Aged. 46 year, Occ. Business, R!/o.Rangapuram village, Kodagandla Mandal, Jangam District, Telangana.

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....PETITIONERS

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AND

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

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The chief secretary and ccLA., state of relangana, secretariat., Hyderabad.

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The District Collector, Mahabubabad District.

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The Revenue Divisional Officer, Thorrur, Mahabubabad District.

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The Tahsildar, Peddavangara Mandal, Mahabubabad District.

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The Deputy lnspector of Survey, Torruru Division, Mahabubad District.

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The Station House Officer, Pedha Vangara Police Station, Peddavangara, Mahabubabad District.

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.....RESPONDENTS/RESPONDENTS

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B. Sayini Sathish, S/o. Sayini Lingaiah, Aged42^years, Occ;Agriculture, Rl/o.456, Gantlakunta, Warangal, Kodakandla, Telangana.

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Saini Laxman, S/o. Somayya, Aged 40^years, Occ;Agriculture, R/o. 1-178, Gantlakunta, Warangal, Kodakandla, Telangana.

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.....RESPONDENTS/PETITIONERS

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Petition Under Section 151 CPC^praying that in the circumstances^statedin the affidavit filed in support of the^petition, the High Court^{may be pleasedto} vacate the interim order^passed in lA No. 1 of 2O23 the WP No. 3903 ot²⁰²³ Order Dated 1010212023.

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Counsel for the Petitioner : SRI RAVI CHANDRA BEJJARAM

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Counsel forthe Respondent Nos.1 to 6: GP FOR REVENUE

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Counsel for the Respondent No.7 : GP FOR HOME

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Counsel for the Respondent No.8 : SRI T.SRUJAN KUMAR^REDDY

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The Court made the following ORDER

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THE HON'BLE SRI JUSTIcEC.v. REDDY

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WRIT PETI TION NO.3 903 0F 2o23

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ORDEE:

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This u,rit petition 1S Iiled by the petitioners seeking the

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[ollowing reliet

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'....to issue an ordcr ot ttle naturc oJ u)rit of ,:^-f' "'^{directionor more} particttlarly tn ;:xr*;'-;::ii''ir:iiryfi "!:ii'ff i,;^:..n|eili'i: Patta .uide uo o/2e8/2o2t iaied bs. t t z6zi i.)"i'i' ,"ii",ll ,!'eeaa,uas,i ii;iti iiil;!?!?i 'iy?t"!^{at Gonttakunta} unase, order paised bs r; s;;;;,;i?uDnagor^{a$rictLuithnut} uerifging ihe ;;11yi;t:"rt'i-';,""::;";:;*"Lll.oi'ff i1tii,lo,i,:;::;

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It is stated that petitioner No. 1 is the owner and possessor of the Iand in Sy.No.325/B/1/r/2 to an extent of Ac.r.07 grs., and Sy.No.324/t/I/2 to an extent of Ac. l.13 gts., thus total extent of Ac'2'2o gts'' and petitioner No-2 is the own€r and possessor of the Iand in Sy.No.324/4 to an extent of Acs.3.1S gts., It is stated that their names were recorded in the revenue records and obtained latest pattedar passbooks. It is further stated that respondent No.8 filed suit for perpetual injunction atde OS.No. I 14 of 2Olg claiming that he is the absolute owner of the land to arr extent of Acs.9.O2 gts., in Sy.No.324, and same is pending for adjudication. It is further stated that respondent No.g liled an appeal before the

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)

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CVBR,J wP _3903 _2023

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Revenue Tribunal under Section 9 of the Telangana Rights in Land and Pattedar Pass Books Act, 1971, and the Special Tribunal constituted under the Telangana Rights in Land and Pattedar Pass Books Act, 2O2O, }:,as dismissed his appeal. It is further stated that respondent No.S without challenging the order of the Special Tribunal has approached respondent No.3 for transfer of notional khata to patta, and respondent No.3, without veri$ring the records, issued the impugned proceedings dated 23.1I .2022 uide proceedings No.D/29812O21, recommending for grant of notional khata to patta.

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Learned counsel for the petitioners submits that in survey No.324, there is no excess land to an extent of Acs.3.04 gts., available to the account of the respondent No.8 for notional katha and relying upon the reports said to have been submitted by the Tahsildar and Revenue Divisional Ofhcer, and on basing on the impugned order, the respondents are taking steps to claim the land forming part of the subject lands situated in survey No.32a /l / I12.

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Considered the submissions of the learned counsel for the parties and perused the record.

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Admittedly, there is dispute as to whether an extent of Acs.3.04 gts., is available as claimed by the respondents and as

CW}R.J wP.-3903 2023

t d

I I

mentioned in the impugned proceedings for transfer from notional katha to patta land. These issues would only be resolved after conducting survey by the Assistant Director, Survey Settlement and Land Records, duly taking into consideration the land in Sy.No.324, the extent of the land acquired by the Government, the extent of land sold in favour of the petitioners by way of registered sale deed and the extent of the land added to the account of the respondent No.8 to the notional katha.

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This Court, without expressing any opinion on the merits of the impugned orders passed by the respondent authorities, deems it appropriate to dispose of [he writ petition by permitting respondent No.B to make an application on the hle of the Assistant Director, Survey Settlement and Land Records, Mahabubabad, for conducting survey and demarcation of the subject land. On filing such application, the Assistant Director, Survey Settlement and Land Records shall issue notices to the petitioner, respondents and all interested parties and complete the same within a period of three (3) months from the date of receipt of such application. If, any land is found available in Sy.No.324, which is not forming part of the petitioners land, the said land may be transferred from notional katha to patta of respondent No.g in terms of the orders passed by the District Collector dated 23.11.2022 uide proceedings

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CVE}R.J wP 3903 2023

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Ti1l such^{time, parties are directedto maintaln} No.D/29al2o2r stafils quo obtaining^{as on today in all respectsover the subject} proPerty

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7 . With the^{aboveobservations'this writ Petitionis disPosedof'} As a^{sequel,the miscelianeouspetitions pending' if any'}

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shall^{standclosed'There shallbe no order as to costs-}

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iiff ['}[:iffi^{;*'f't:itB-:,'.f,.,U'j],ft} c' The Tahsildar,^Peddavi ,,"

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i: ll: BiIi"Y lfls'3'-:

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Hish^{courtrorthestate orreranganaat}

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^^{m:*!*trrl'J[h="ENUE,}

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.' +*{t^8}'Io HoME' Hish courtror the state or rerangana at

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SA LS w

HIGH COURT

DATED:091'1212024

ORDER

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WP.No.3903 of 2023

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DISPOSING OF THE W.P

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WITHOUT COSTS.

Sayini Sathish and another v. The State of Telangana and 7 others

Case brief

What is this about?

What did the court decide?

Sayini Sathish and another v. The State of Telangana and 7 others

Case brief

What is this about?

What did the court decide?

What the court decided

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