Petitioner claimed title over acquired land under Kalvakurthy Lift Irrigation Scheme via registered sale deed and challenged deletion of his name from revenue records. Court directed petitioner to apply to revenue authorities for enquiry after notice to all parties; rival claims left to civil court.
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.
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IN THE HIGH COURT FORTHE STATEOF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction)
MONDAY,THE EIGHTH DAY OFSEPTEMBER TWO THOUSAND AND TWENTYFIVE
PRESENT
THE HONOURABLE SRI JUSTICEE.V. VENUGOPAL
WRIT PETITION NO: 29063 OF 2021
Between:
Srr.Doma Venkataiah, S/o.DomaRama Chandraiah, Aged about5l- years, Occ Agriculture, R/o.MarepallyVillage, ThimmajipetMandal, Nagarkurnool Diskict
..,PETITIONER
AND
...RESPONDENTS
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Petition under Article226 of lhe constitution of lndia praying that in the circumstances statedin the affidavit filedtherewith, the High court may be pleased to issue writ or directionmore particularlyin the nature of wRlT oF MANDAMUS, declaring theaction of the Respondent Nos. 2 to 4 illegally executed sale deedas per petitioner sale deed vide Doc.No.475712016and patta pass books infavour ofthe RespondentNo.7 instead of petitionersname without following dueprocess of law, as highly illegal,arbitrary,unjust, unconstitutional and violationof principlesof natural justice and also in violation of Article 14. 21 andArticle 300-4 of the Constitutionof lndia and consequently to DIRECT the RespondentNos. 2 to 4 make enquiry into the matteras per sale
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deed and delete the name of Respondent No.7 after dr-r enquiry and confirm petitioner title and possession as per sale deed and issu r the New patta pass book infavour of the petitioner, land admeasuring Ac.0-35 guntas in Sy.Nos.'15lU, Ac.0-35 guntas, in Sy.No.'15lUU, and Sy.Nr .1slEE, Ac.0-25 total Ac.2-15 guntas, situated al Marepally Village, T I immajipeta Mandal, Nagarkurnool District by virtue of registered sale deed /lde Doc.No.4757 of 2016, daied.23.09.20'16 pending drsposal of the above writ oetition lA NO: 1 OF 2021
Petition under Section 151 CPC praying that in th€ :ircumstances stated in the affidavit filed in support of the petition, the High Cc r rt may be pleased to DIRECT the Respondent Nos. 2 to 4 make enquiry into 'l e matter as per sale deed and delete the name of Respondent No.7 after du: enquiry and confirm petitioner title and possession as per sale deed and issue the New patta pass book infavour of the petitioner, land admeasuring Ac.O-35 guntas in Sy.Nos 15/U, Ac.O-35 guntas, in Sy No.15/UU, and Sy No 15/EE, Ac.O-25 total Ac.2-15 guntas, situated at marepally Village, T I mmalipeta Mandal, Nagarkurnool District by virtue of registered sale deed ide Doc.No.4757 of 20'|.6, daled.23.09 2016 pending disposal of the above wril retition
Counsel for the Petitioner: SRl. ROYYALA THIRUPATHAIA {
Counsel for the Respondent Nos.'lto4: AGP FOR REVENTJ :
Counsel for the Respondent No.5: SRI G. VENKATESHAT/I
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Counsel for the Respondent No.6: SRI N. RAVI
Counsel for the Respondent No.7: --
The Court made the following: ORDER
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THE HONOURABLE SRI JUSTICT E.V.VENUGOPAL
WRIT PEf,ITION No.29O63 of 2O2L
ORDER:
This writ petition is filed with the following prayer
"to issue uit or direction more partianlarlu in the nature of Wit of Mandamus declainq the action of the Respondent Nos.2 to 4 illegallu executed saLe deed as perpetitioner sale deed uide Doc.No.4757/ 2016 ctnd patta pass books in fauour of the Respondent No 7 instead of petitioners name uithout follou.'inq due process of law as hiqhlu illeqal arbitraru uniust unconstitutionctl and uiolation of pinciples of naturaljustice and also in uiolation of Articles 14, 21 and Article 30O-A of the Constitution of lrtdia and consequentlg to direct the Respondent Nos.2 to 4 make enquiry into the matter asper sale deed and delete the name of Respondent No 7 after due enquiru and confirm petitioner title andpossession asper sale deed and issue the Neupattapass book in fauour of thepetitioner land admeasuinq Ac.O-35 guntos in Surueu Nos.15/ U, Ac.O-35 quntas in Surueu No.LS/UU and Sun.rcu No.LS/EE Ac.O-25, total Ac 215quntas situated at Marepallu Villaqe Thimmajipeta Mandal, Naqarkurnool Distict by uirtue of registered sole deed uide Doc.No.4757 of 2O16, dated 23 09 2016 pending disposal of the aboue utit petition"
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bonafide purchaser and is in possession of property located in Survey No.15/U admeasuring Ac.O-35 guntas, St rvey No.15/UU admeasuring Ac.0-35 guntas and Survey No.15,, EE admeasuring Ac.0-25 guntas situated at Marepally Village, Tirc majipeta Mandal, Nagarkurnool District, by virtue of a registered r ale deed dearing document No.4757 of 2016, dated 23.09.2016, arL, accordingly had approached the ofhcial respondent - Revenue Di.r sional Oflicer for mutation proceedings. However, uide, the impugnr'r proceedings, the respondent No.3, through letter No.Ml26la/2019, t ated 13.I1.2019, and addressed a communication to respondent No.4, directing deletion of the names of legal heirs of Smt.Shoba Rani, W/o. S hankaraiall, from the records of Survey No.15. It was stated therei r- that the subject land had already been acquired under Kalvakurt ry Lift Irrigation Scheme (for short "KLIS"), and that compensation I ad been received by Smt. Shoba Rani from her father-in-law, late lhirupathaih, on 0I.06.2007 under proper acknowledgement. It is lrrther submitted that the very question arises as to whether the ;aid letter dated 13.1i.2019, purportedly based on the acts of Smt. -ql oba Rani, can be sustained in the eye of law, in as much as there is nt _hing to record to establish that Smt. Shoba Rani was ever vested witl lawful authority to receive compensation in respect of the land which -rad already been gtfted by late Thirupathaiah in favor of his grarddr r rghters. Though smt' Shoba Rani was the daughter-in-law and mot rer of the minor
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children, she did not possession legal capacit5r to alienate or to receive compensation with respect to subject property. The petitioner, after verifying the legal title of the original owners, purchased the subject property through a registered sale deed and thereafter filed necessary applications before the revenue authorities seeking mutation of his name in the revenue records. However, the oflicial respondents, without considering the petitioner's request or affording him al opportunity of hearing, proceeded to record the land as acquired under the Kalvakurthy Lift Irrigation Scheme, on the basis of the alleged receipt of compensation of Smt. Shoba Rani. Such action is arbitrary, illegal and contra_ry to law. Accordingly, the petitioner prays this Court to allow the writ petition in the interest ofjustice.
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by the Special Collector(LandAcquisition), lheema Project, Mahabubnagar,whereincompensationof Rs.2,65,l )O/- was paid to the original landiord,Thirupathaiah.Thereafter,t 1e narne of KLIS was entered in therevenue records.Subsequently in a partition, an extent of Ac.2-25guntas fell to theshare of Smt.Sh<r ra Rarri and Ac. 1- 32 guntas to the share of Thirupathaiah.Later, Thi upathaiah repaid an amount ofRs. 1,57,000/-,which hereceirt d towards land compensation in respect ofAc.2-25 guntas in iurvey No.15 of Marepally Village, ThimmajipetaMandal, tc Shoba Rani. -ing that she had Consequently, ShobaRani issued astatementdecl I no lald in SurveyNo.15 ofMarepally Village arrd Ir ised no objection for deletion of her name. Accordingly,the petiti<r rers' nalnes were deleted from the records. It is furthersubmittedth rt the petitioner's purchase of Ac.2-15guntas fromSmt. Shaoba Rani, mother of minors by name Vikas,Vipulaand Vijaya, under rel;r stered document No.4757 of 2076, dated 23.09.2016,has no legal I asis, as the lald had already beenacquiredby the Government artd -hename of KLIS has been entered in therevenuerecords.Therefore , the writ petition is liable to be dismissed.
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contend that pattadar passbooks have already been issued in their favor and hence prayed for dismissal of the writ petition.
7 . In so far as the rival claims of the petitioner and un-official respondents over the subject property are concerned,. this Court
refrains from making any observations. The parri rs are at liberty to work out their remedies before the competent civ r )ourt, prorrided the land is released from acquisition by the Ofhcial resl; rndents.
8' For the aforesaid reasons, the claim of the pr titioner as welr as un-ofhcial respondents does not hold any sustainir rility in the eye of law
9 . Accordingly, with the above observations, t: : ,,r,,rit petition ls disposed of. No order as to costs.
As a sequel thereto, miscellaneous applicatio:r ;, if any pending,
shall stald closed
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SD'- t,I. JAWA HAR REDDY /.Ai \IANT REGISTRAR
//TRUE COPY//
T,SECTION OFFICER
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DATED:0810912025
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WP.No.29063 of 2021
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DISPOSING OF THE WRIT PETTTION WITHOUT COSTS
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2 issues framed by the court
Whether deletion of the petitioner's name from revenue records in favour of KLIS, based on a compensation receipt by Smt. Shoba Rani, was valid without following land acquisition procedure.
Whether the consent letter issued by land owners can be treated as a valid acquisition under the Land Acquisition Act.
4 provisions across 3 enactments
Doma Venkataiah
The State of Telangana, Rep.by its Principal Secretary Revenue Department
The District Collector, Nagarkurnool District
The Revenue Divisional Officer, Division Nagarkurnool
The Tahsildar, Thimmajipet Mandal
Buramoni Mallesh
E.V. Venugopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
