Disposed

Smt. Domakonda Devalaxmi v. The State of Telangana

Telangana HC23 Apr 2025WP/12317/2025

Case brief

AI extract

What is this about?

Writ petition challenging a District Collector's notice for enquiry into cancellation of the petitioner's succession-based pattadar passbook over agricultural land claimed by her brother-in-law as joint family property. The Court directed that four weeks' time be granted for filing reply with documents, after which reasoned orders be passed.

What did the court decide?

Direction to District Collector to grant four weeks' time for filing reply and documents, then pass reasoned orders and communicate reasons to petitioner.

Smt. Domakonda Devalaxmi Vs The State of Telangana — Property and Title | Telangana HC (2025)

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[³²⁹⁶ ]

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

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WEDNESDAY, THE TWENTYTHIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 12317 OF 2025

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Between:

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Smt. Domakonda Devalaxmi, Wo. late Shankar, age 47 years, Occupation. Housewife, Rl/o. .No.6-7516, Kothapally Village, Gam bhiraopet Mandal, Raianna Sircilla District -505 304

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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), Telangana Secretariat, Hyderabad.

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The District Collector, Rajanna Sircillla District at Sircilla,

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The Thasildar, Gambhiraopet Mandal, Rajanna Sircilla District.

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Domakonda Surender, S/o.Rajaiah, Age 46 years, Occupation. IKPCC Rl/o.Kothapally village, Gambhiraopet Mandal, Raianna Sircilla District - 505 304

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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 Cou( may be pleased to issue an order or direction, more particularly in the nature of Writ of Mandamus questioning impugned notice No.D'li1 479t2025, dt.29-3-2025 issued by respondent No.2 directing the petitioner to appear before 2nd respondent for enquiry on petition filed by the unofficial respondent No.4 for cancellation of succession of the petitioner's land total an extent of Ac.3-33^guntas in Sy.No.31/D (o.0o5o), 31/E (o.o4oo), 3zlElEE (0.0550), 223lEEtA, (0.2700),223lU (0.0500), 2231U1. (0.0500), 223tu(',t.1700),226|ANU (0.1900), 226|ANR (0.0200),and 230(0.2800) situated at Kothapalle village, Gambhiraopet Mandal, Rajanna Sircilla District is illegal and arbitrary and declare that 2nd respondent has no^jurisdiction to entertain the petition and set-aside the same.

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1.'45,i;,f'

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lA NO: 1 OF 2025

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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 impugned notice No.D1/1 47912025, dt.2g-3-2125 issued by respondent No.2 directing the petitioner to appear before 2nd respondent for enquiry on petition filed by the unofficial respondent No.4 for cancellation of succession of the petitioner's land pending writ petition in the interest of jus(ice.

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Counsel for the Petitioner: SRI GANDYADAPU RAJESHAM Counsel forthe Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4:

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE C.V.BHASKAR^REDDY

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WRIT PETITION No.12317 of2025

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ORDER:

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This writ petition is hled seeking following^relief:

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"For the reasons stated^{in the accompanyingafhdavit,'itis herebyprayed} that this Hon'ble Court may be^pleased to^{issuean orderor direction,more} particularly in the nature of Writ of Mandamus^{questioning impugned notice} No.Dl l1479l2O25, dt.29-3-2}25 issued^{byrespondent No.2 directingthe} petitioner to appear before 2"d respondent for enquiry on^{petition filed by the} unofficiat respondent No.4 for cancellation^{of succession of thepetltioner'sland} total an extent o[ Ac-3-33 guntas in Sy.No.3l/D^{(0.0050), 31/E (0.0400),} 32lElEE (o.osso), 223lEElA,^{(0.2700);223lu (0.0s00)} ,^{223/ut, (0.0s00),} 223|U lt "17oo), 226lAA|U^{(o.1900), 226/AAIR(0.0200),and 23o(0.28o0)} situated at Kothapalle^{village, GambhiraopetMandal, Rajanna SircrllaDistrictis} illegal and arbitrary and declare^{that 2ud respondenthas no jurisdictionto} entertain the petition and set-aside^{the sameandpass such other order or} orders as deemed ht in the circumstance^{of the caseand inthe interestof} justice."

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It is stated that the husband of^{thepetitionerlate} Sri Domakonda Shankar @ Shankaraiah^{isthe absolute owner of} agricultural land admeasuring to^{a totai extent of Acs. 3.33 guntasin Survey} Nos.3llD (Acs. O.0050^guntas), 31/E^{(Acs. 0.0400 guntas), 32/E/EE} (Acs. O.O55O guntas), 223lEE/A (Acs. 0.2700^{guntas), 2231U (Acs. 0'05OO} guntas), 223/UI (Acs. 0.05O0 guntas), 223/U^{(Hcs. i.17O0guntas),} 226/AAIU (Acs. O. 19O0 guntas),^{226/AAIR(Acs.0.02OOguntas) and 23O} (Acs. O.2800 guntas) (for short, 'the^{subject propertyJ, situated at Kothapalle} Village, Gambhiraopet Mandal, Rajanna^{Sircilla District and the respondent} authorities have also granted^{old passbook and title deed uidePatta No.1134} to the petitioner's^{husbandand thereafter new pattadar passbook wasalsl?}

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CVBR, J W.P.No.12317 of 2025

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granted to the petitioner's husband uide Passbook No.T'1903O160616, Khata No.1i34 dated 21.04.2018. It is further stated that zrfter the death of her husband on 18.1 1 .2022, the petitioner applied for Poutl-ri Izafa/ succession for the subject propcrly, but her mother-in-law m4de an objection stating that the subject l)roperly was purchased by her in :rame of petitioner's husband. It is further stated that the 3.d respondent, after the death of the petitioner's mot her-in-law and after enquiry, granted Pouthi Izafa/ succession i n lhvour of the petitioner since she is the only survivor of the her late husbirnd and ncw pattadar passbook was also issued to her uide Passbook No.T19()30161638, Khata No.60801 datecl 15.O2.2025. lt is furthcr statcd thlt cluestioning the grant of Pouthi I;zafa/ succe ssion and consequential issr rance of pattadar passbook mutatitrg the name of the petitioner in the rr:venue records, the 4h respondent, r,uho is the brother of the petitroner-'s lrusbrrncl, filed a petition before the 2,'d respondent on 24.O3.2025 trncl thc 2n(r rcspondent issued impr-rgnecl nolice dated 29.03.2025 to thc l;ctitioner directing her to appear on I9.O4.2O25. The grievance of lhe pctitioner is that when the petitioner appeared through her counsel beforc tht- 2.,'l respondent on 19.04.2025, the 2nd respondent posted the matter Lo 26.04.2025 hnally for filing reply. Herrce, the present writ petition.

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Considered thc submissions made by the learned counsel for the parties and with thcir consent, this writ petition rs disposed of at the admission sltrge

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CVBR, J W.P.No.12317 of 2O25

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As per Section 6 of the Telangana Rights in Land and pattadar Passbooks Act, 2O2O, any person or persons who acquire rights over land through succession, survivorship, inheritance and seeking to effect change in Record of Rights, after arriving at consensus among all the legal heirs on the manner of division of the land among themselves, shall make an application, enclosing the joint agreement specifying individual shares, to the Tahsildar through the website prescribed for this purpose, for allotting available date and time as per the convenience of the persons to appear before the Tahsildar.

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Learned counsel appearing for the petitioner vehemently contended that disputing the granting of succession and consequential issuance of the pattadar passbook in favour of the petitioner claiming that the properties purchased by the deceased husband of the petirioner is a joint family property and in fact, the said property has been purchased in the name of the mother of the 4th respondent and the petitioner got mutated the said property in her name, the 4th respondent has submitted a petition on the frle of the 2nd respondent-District collector on 24.o3..2o25 seeking for cancellation of the pattadar passbook issued to the petitioner and the 2.d respondent, ulde impugned proceedings dated 29.03.2025, has issued notice directing the petitioner to appear on 19.04.2025 and when the petitioner along with her counsel appeared before the 2.d respondent, even without graiting sufficient time to the peti[ioner, the 2.,a respondent posted the matter to 26.04.2025 hnally for liling reply by the petitioner by enclosing all

I i ! I i I I I I

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CVBR' J tV.P.No.12317^{of 2025}

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the necessary^{documcuLsto cnable the 2"d responcle:nt toconductan} enquiry^{as to whet hert he Pouthilzafa/ successiongrant-ed in favour of the} petitioner^{is follou'inglhc due processof 1aw'}

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Pnnta .facie,^{it appearsfrom the recordthat the impugned notice} has been^{issued to th(: petitioneron 29'O3 '2025 to appear before the 2"d} respondent^{on 1g.Ct42(t25 and on lg 04 '2025' the 2"d respondent hxed the} date of hearing^{on 26'Of 2025 finally'}

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lhe petltloner 7. lt'r vicr''^{o[ ll're complexity of the facts as to} "vhether is claiming^{as u i[t: olt lle der:cased husbandwhose na'r'e is recordedin the} rcvenue^{recorcls as pir'tLadaral-rcl whether the 4e respotltlcnt is claiming that} the subjcct^{prop{:rt}is a ioint family property and since the abovesaid} issues arc^{requircd to lle decided after providing a reasonable opportunity to} the petitioner^{anclsit'tct:the limegranted to the petitirlner from 19 'O4 '2025} to 26.O4.2025ls^{not a reasonabletime to hle an explarrzrtionor enclose the} documents,^{thc cnds rrf justicewourd be met if the 2.. respondent-District} 'O4 '2025^{to enable} Collector^{is directed to grant tour (O4) weeks timefrom} "t-6 the petitioner^{1o su brnit reply by enclosing ali the ll(lcessary documents'} which are relied^{bv thc petitioner to substantiateher (ritse and after filing of} the reply^{by the petitioner,the 2'd respondent-Distric'- Collectoris further} directed to^{consiclerthe saidrepiy and the documents, ruhichare reiiedupon} by her and^{passappropriate reasoned orders and conrrnunicatethe reasons} thereon^{to the} Petitioner

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CVBR, J W.P.No.12317 of 2O25

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With the above observations, the Writ^{Petition is disposed of.}

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There shall be no order as to costs

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Miscellaneous applications^{pending,if any, shall standclosed'}

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SD/. P.CH.NAGABHUSHAMBA EPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Principal Secretary,(Revenue^{Department),TelaganaSecretariat,The} State of Telangana, Hyderabad.

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The District Collector, Rajanna Sircillla District^{at Sircilla,}

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The Thasildar, Gambhiraopet Mandal,^{Raianna Sircilla District.}

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One CC to Sri Gandyadapu Rajesham,^Advocate IOPUCI

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Two CCs to GP for Revenue, High^{Court for the Stateof Telangana,at} Hyderabad [OUT]

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Two CD pres

HIGH COURT

CC TODAY

DATED:2310412025

ORDER

o9. {ll,t: S14/ o].
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-) 25rPn2m ,lI

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WP.No.12317 of 2025

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

Smt. Domakonda Devalaxmi v. The State of Telangana

Case brief

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What did the court decide?

Smt. Domakonda Devalaxmi v. The State of Telangana

Case brief

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