High Court disposed of a writ petition challenging revenue orders as illegal and arbitrary, directing Tahsildar to conduct a fresh enquiry with a personal hearing within three months instead of adjudicating on merits.
Respondent No. 3 directed to conduct enquiry with personal hearing within three months from receipt of order copy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
t3302I
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
IVONDAY, THE SIXTEENTH DAY OF DECET\4BER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K. SARATH
WRIT PETITION NO: 39427 OF 2012
Between:
Smt. A,4uduganti Bhagyalaxmi, w/o llate Jagadeeshwar Reddy aged about 45 years, occ Housewife, r/o Vilasagar v/o Boinpally l,4andal, Karimnagar District.
...PETITIONER
AND
...RESPONDENTS
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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of ltrlandamus, to declare the impugned order dt. 12-10-2012 passed by the 1st respondent herein dismissing the revision petition No.D1l3158/2009 filed by the petitioner, confirming the orders passed by the 2nd respondent in Proc. D/986/2005 d|.21-4-2009, setting aside the well considered orders passed- by the 3rd respondent in Procs. B.1164012003 dt. 1-3-2004, as being illegal, arbitrary, unilateral and withoutjurisdiction and consequently set aside the same.
l.A. NO: l OF 2012(WP MP. NO:50075 OF 2012 )
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 order dt. 12-10-2012 passed by the lst respondent in Procs. No. D11315812009, confirming the orders passed by the 2nd respondent in Proc. D/986/2005 dt.21-4-2009, pending disposal of the main Writ petition.
Counsel for the Petitioner: SRI N.HARI PRASAD Counsel for the Respondent Nos.1 TO 3: GP FOR REVENUE Counsel for the Respondent No.4: SRI B.NARAYANA REDDy
The Court made the following: ORDER
l It
THE HON'BLE SRI JUSTICE K.SARATH
WRIT PETITION No.39427 OF 2OL2
ORDER:
This Writ Petition is Iiled under Article 226 of the
Constitution of India, seeking the following relief:
"...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the impugned order dt. 72.1O.2OI2 passed by the lst respondent herein dismissing the revisionpetition No. Dl I 3l58l2OOg frled by the petitioner, confirming the orders passed by the 2nd respondent in Proc. D1986/2OO5 dt. 21.4.2OO9, setting aside the rvell considered orderspassecl by the 3rd respondent in Procs. B/1640/2OO3, dl. 1.03.2004, as being iliegal, arbitrary, unilateral and without jurisdiction ald consequently set aside the same, and to gralt such other relief or reliefs as this Honble Court deems fit arld proper in the circumstances of the case."
SK.J W.P.No.39427 OF 2012
respondent No.3 to conduct enquiry as per the orders passed by the respondent No.2 111 Proc.D /986 /2OOS, dated 21.O4.2OO9, by giving an opportunity to the petitioner and the unofficial respondent, including personal hearing of the parties, and shall pass appropriate orders within a period of three (O3) months from the date of receipt of a copy of this order. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand
closed.
SDL P. PADMANABHAR-EDDY ASSISTANT REGISTRAR ,TRUE COPY// \l
SE6TION OFFICER
To
PSK. GJP
)
HIGH COURT
DATED:1611212024
ORDER
WP.No.39427 of 2012
s:
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D6'.gpnrc{
DISPOSING OF THE WRIT PETITION WITHOUT COSTS
t o
1 issue framed by the court
Whether to issue a writ of mandamus directing a reinvestigation of revenue orders alleged to be arbitrary and without jurisdiction.
Smt. Auduganti Bhagyalaxmi
The Joint Collector, Karimnagar District
The Revenue Divisional Officer, Sircilla
The Tahsildar, Boinpally Mandal
Smt. Auduganti Pullamma
K. Sarath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
