Partly allowed

Kotigari Shailesh Kumar v. The State of Telangana

Telangana HC8 Apr 2024WP/8932/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition and miscellaneous petition challenging arbitrary dispossession of property by revenue authorities. The court directed the 4th respondent not to dispossess the petitioner without following legal procedures, granting liberty for action if illegal possession or patta conditions are violated.

What did the court decide?

Directed Respondent No.4 not to dispossess petitioner without following due procedure; liberty granted to respondents to take action if petitioner is in illegal possession or violates patta conditions

Kotigari Shailesh Kumar Vs The State of Telangana — Property and Title | Telangana HC (2024)

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[³¹⁶⁸ ]

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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 EIGHTH DAY OF APR1L TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON'BLE SRIJUSTICE K. UXSNNAEru

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Between:

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WRIT PETITION NO: 89320F 2024

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fiiifrT$Fl:',l,[lT-%,:'fr^{,i.11?,'f ]llffi ::Bffi,.,,it*,,-AJ&T"tr"".?"t} District' Telangana state'

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...pETrroNER

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AND

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The State of Telangana, Rep.resented by principal Secretary, Revenue

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^^{9.epArtment, Secretariat, Hyderabad.}

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The Diskict Collector, Ralja ReddV District, At Kongara Kalan.

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I he Revenue Divisional Offioer, Rajendranagar Diviiion, Ranga Reddy District, At Attapur.

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4 The Tahsildar, Gandipet Mandal, Ranga Reddy District, At Narsingi.

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...RESPONDENTS

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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 an appropriate writ or a direction, more particularly one in the nature of writ of mandanius declaring the action of the Respondent No.4 and its staff in interfering with the possession of the Fetitioner,s property with H.No.75215151 (PT|N No.1262SO6t2l), over an extent of 6d sq.yAs., in ptot No.b1, in Sy.No.205 of Narsingi Village, Gandipet Mandal, Ranga Reddy District, without following the procedure established by the Law, as arbitrary, illegal, and violative of Article 14,21, and 300-A of the constitution of lndia and also in violation of the principles of natural justice and consequenfly direct the Respondent No.4 and its staff not to interfere with the property of the petitioner over the H.No.7-52l5/51 (PTIN No.1262506727), over an extent of 60 sq.yds., in ptot No.51, in Sy.No.205 of Narsingi village, Gandipet Mandal, Ranga Reddy District, without following the procedure established by the Law

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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.4 and its staff not to interfere with the property of the^petitioner over the H.No.7-5215151 (PTIN No.1262506727), over an eltent of 60 sq.yds., in Plot No.51, in Sy.No.205 of Narsingi Village, Gandipet Mandal, Ranga Reddy District, without following the procedure established by the Law pending disposal of the above writ petition

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Counsel for the Petitioner: SRI B. BAL REDDY

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Counsel for Respondents: SRI SOME SRINIVAS REDDY, AGP FOR REVENUE

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The Court made the following: ORDER

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HON'BLE SRI WSTICHE K. LAI(SHMAII WRIT PETITION No.8932 of 2ol24

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ORDER:

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Heard Sri B. Bal Reddy, learncd counsel appearing for the petitionbr and Sri Somu Srinivas Reddy, learned Assistant Government Pleader for Revenue appearing for respondents. Perused the record.

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Petitioner is claiming that he is the absolute owner and possessor of propert5r with house bearing^No. 7-52/5/5L, PTIN No.12625O6727, admeasuring^6O.OO Sq.yards or equivalent to 5O.16 Sq.Mtrs, with^plinth area of 54O Sft, of A.C.C., situated at Narsinghi Village, under Narsinghi Municipality, Gandipet Mandal, Ranga Reddy District, on the strength of registered gift deed vide document No. 13OO8 of 2023 dated 2O.10.2023, executed by Smt.Akula Jyothi, who is his sister. He has filed a copy of proceedings bearing No.D/5575/2OOL IRDO lD /L557 /O4, dated O6.07.2004. According to the petitioner, he is in possession of the subject property and he has also filed property tax receipts and electricity bills. Even ttren, the 4th respondent is trying to dispossess the petitioner from the

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said property without following the due procedure laid down under law.

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Whereas learned Assistant Government Pleader for Revenue, on instructions, would .submit that the 4t]\ respondent will follow the due procedure laid down under law and take action, in accordance with law.

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In view of the aforesaid discussion, this writ petition is disposed of, directing the 4*, respondent not to dispossess the petitioner from the subject property without following the due procedure laid down under law. If there is violation of any of the condition of the patta certificate or the petitioner is not in illegal possession, liberty is granted to respondent Nos.2 to 4 to take action against the petitioner strictly in accordance with law. There shall be no order as to costs.

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As a sequel, the miscellaneous petitions, if any,

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peqding in the Writ Petition shall stand closed.

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SD/-A.V.S. P SAD //TRUE COPYII ASSISTANT REGI TRAR SECTION OFFTCER

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To, SECTION OFFTCER 1 2 3 ilif,"';tfr^{ilt#rr;5T#,:irnxHrril#:rilsnrrxni;",0,} 4 5 6. +I'sHrr,H"'",1?nf,s,*[:ill[+Hif #it".",:.,];Ilil:::,",, MBC LS EY

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HIGH COURT

DATED: 08104t2024

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ORDER

WP.No.8932 ot 2024

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DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS

Kotigari Shailesh Kumar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Kotigari Shailesh Kumar 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

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