Dismissed¶51

Kongara Venkata Narayana, S/o Ramaiah v. The Commissioner (Appeals)

Telangana HC2 Apr 2025WP/41396/2015

Case brief

AI extract

What is this about?

Writ of prohibition — whether order under Section 9, A.P. Records of Rights in Land and Pattadar Passbooks Act is subject to revision under Section 158, A.P. (Telangana Area) Land Revenue Act, 1317 Fasli — ROR Revision Petition No. 21 of 2014 (Joint Collector, Khammam, order dated 29.11.2014) — Revision Petition No. 4 of 2014 before Commissioner (Appeals) — maintainability objection pending below — none appeared for petitioners at hearing — writ dismissed recording observations in W.P. No. 41396 of 2015 — no costs — pending miscellaneous applications closed.

What the court decided

AI extract

Kongara Venkata Narayana, S/o Ramaiah Vs The… — Writ and Judicial Review | Telangana HC (2025)

Outcome

Dismissed

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Issue for consideration

Whether the 1st respondent (Commissioner (Appeals)) could entertain and adjudicate Revision Petition No. 4 of 2014, filed by the 5th respondent purportedly under Section 158 of the A.P. (Telangana Area) Land Revenue Act, 1317 Fasli against the order dated 29.11.2014 passed under Section 9 of the A.P. Records of Rights in Land and Pattadar Passbooks Act — i.e., whether such a Section 9 order is subject to further revision.

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Court's answer

Prima facie, an order under Section 9 of the A.P. Records of Rights in Land and Pattadar Passbooks Act is not subject to any further revision under Section 158 of the A.P. (Telangana Area) Land Revenue Act. This was recorded as a prima facie view in the interim order; the final maintainability of Revision Petition No. 4 of 2014 was not decided, and the writ petition was ultimately dismissed recording the submissions and observations made in W.P. No. 41396 of 2015.

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Detailed headnote1 paragraphs

High Court for the State of Telangana (N.V. Shravan Kumar J.), W.P. No. 41396 of 2015, decided 02.04.2025 — Petitioners Kongara Venkata Narayana and Kongara Vijaya Lakshmi sought a writ of prohibition under Article 226 restraining respondent No.1, the Commissioner (Appeals), O/o Chief Commissioner of Land Administration, from adjudicating Revision Petition No. 4 of 2014 filed by respondent No.5 (Yerremsetti Nageswara Rao) against the order dated 29.11.2014 of respondent No.2 (Joint Collector, Khammam) in ROR Revision Petition No. 21 of 2014, contending that an order under Section 9 of the A.P. Records of Rights in Land and Pattadar Passbooks Act is not subject to revision under Section 158 of the A.P. (Telangana Area) Land Revenue Act, 1317 Fasli. The interim order recorded the prima facie view that such a Section 9 order is not subject to further revision under Section 158. On hearing, none appeared for the petitioners; the learned Assistant Government Pleader urged that the matter was covered by this Court's decision in W.P. No. 41396 of 2015 (number as printed). Recording the submissions and observations therein, the Court dismissed the writ petition without costs and directed pending miscellaneous applications to stand closed. The prima facie view was not converted into a final declaration; the maintainability of the revision was left undecided.

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[^3255]

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HrGH couRr^t?T TELANGANA I+EDSIITEDoF (SPeciai Original^{Jurisdiction)}

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WEDNESDAY,^{THE SECOND DAY OF APRIL} "-i,vO TUOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE^{SRI JUSTICEN'V'SHRAVAN KUMAR}

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WRIT^{PETITIONNO:41396oF 2015}

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Between:

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S/o Ramaiah,^{Fl/o. tr/lustikuntla'Bonakal fvlandal'}

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1 Kongara^{VenkataNaraYana'} Khammam^Distrlct

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o. Kongara^{VenkataNaraYana} ,^{R/o.Mustikuntla,}

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2 Konqara^{VilaYaLakshmi' W/} Bonlkal^{fi,4andal.Khammam} District.

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.....PETITIONERS

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AND

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1 The Commissioner^{(Appeals)'O/o Chief Commissio-ner of Land} Administration,^{cou"'n'#il'ri"t'ng'n''at Hyderabad'}

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The^{JointCollector, KhammamDistrictat Khammam'}

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The^{Revenue Divisional Officer' Khammam Division' at Khammam}

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The Tahsildar,^{Khammam Urban Mandal' Khammam District'}

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5 YerremsettiNageswaraRao,s/o.satyanarayana,R/o.Rudramakota' ffi ;;#; u;bZn-vtanoat'^{Khammam District'}

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....RESPONDENTS

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PetitionUnderArticle226oflheConstitutionoflndiaprayingthatinthe circumstances^{statedin the affidavit filed therewith' the High Court maybe} pleased to^{issuea Writ of Prohibitionor any other appropriate writrestrainingthe} 1 st respondent^{f rom adjudicatingthe revisionPetition No 4 of 2014 filed by the} sth respondent^{against the revisionalorders of the 2nd respondent in ROR} Revision^{Petition No'21of 2O14' daled 29'11'2O14'}

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l.A.NO:1^{oF201 5 (WPM P.NO:53439 0F201s)}

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the circumstances^statedin Petition^{UnderSection151CPC prayingthat in} the affidavit^{filed in support of the petition'the Hig} h Court^maybe Pleased^to

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grant stay of all further proceedrngs in Revision petition No.4 of 2014 on the fire of the 1st respondent, pending disposal of the writ petition.

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l.A.NO:1 oF 2016 (WPMP.NO:3695 0F 2016)

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Petition Under Section 151 CpC praying that in the circumstances stated in the affidavit fired i. support of the petition, the High court may be preased to post the present W.P.l,4.p 53439 of 2O1S in W.p.No. 41396 of 2015, ,,for being mentioned" for the purpose of passing interim orders of stay of all further proceedings in R.p.No.4 of 2015 on the fire of the 1st respondent, in the interest of^justice".

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Counsel for the petitioners : M/S BHARADWAJ ASSOCIATES

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Counsel forthe Respondent Nos.1 to 4 : Gp FOR REVENUE

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Counsel for the Respondent No.5 : SRI T.VIJAy HANUMAN SINGH

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The Court made the following ORDER

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JUSTIC EN.^{V.SHRAVANKUMAR} THE^HON'BLESRI

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Writ Petitio^{n No. 41396of 2015}

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oRDER:

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This^{writ petition is fiied seekingfoliowing prayer:}

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lst resPondent^from "restraining^the adjudicating^{the reuisionPetition No'4 of 2014} filed^{by theSth respond'entagainst the} reuisional^{orders of the 2nd respondentin ROR} Reuision^{Petition No'21 of 2014dated} 29.11.2014^{arud grant such otherrelief as it} deems fit^{in the circumstances of the case"}

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When^{the matter is taken up for hearingtoday'} none^{appeared on behalf of the petitioners'}

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J This^{Courton 21 72'2015 has passedthe following}

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interim^order:

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"The Wit^{of Prohibition is soughton the} grouncl^{that the reuision petitionproposedto be} entertained^{by the 1st respondentunder Section} 158 of^{the A.P' (TelanganaArea) Land Reuenue} Act,^{1 3 17 Fasti is tuithoutjuisdiction'}

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It oppears from^{the facts that an order} under^{Section 9 of the A'P Recordsof Rightsin} Land, and^{Pattadar PassbooksAct tuas passed}

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W-B

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\ ,J4 g .i. .4^.- ,:\

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tn Reuision Case No.21 of 2O14 on 29.11.2014 by the 2nd respond_ent. The Sth respond_ent, aagieued therebg is stated to haue a1:proached the 1st respondent bg filing the aforesaid reuision uhi_ch is numbered as Reuision petition No.4 of 20j4 and receiuing notice thereof, the petirioner is stated to haue alreadg rctised an objection tuith regard to the maintainabititg of the :;aid reuision. That application is sto,tecl to be pencling ancl unconsidered bg tite l st respotTdent.

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Pima facie, the order under Section 9 oJ the A.P. Record.s of Rights in Land and pattctd.ar Passbooks Act is not subject 7o anlt further reuisi.on und.er Section I 58 of th,z A.p. (Telangana Area) Land. Reuenue Act

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Hence, Rule lr'isi_ Ca for recorcLs Notice returnable in four uteeks. ,,

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Learned Assistant Government pieader for respondent No.5 rvoulcl submit that in similar crrcumstances this Court in W.p.No.41396 of 2015 has held that prima facie the case under Section 9 of Ap ROR in land and p,lttadar passbooks Act, rs not subject to any further revision under Section 158 of AP(TA) Land LR Act and accordingly dismissecl the writ petition. He w.ould

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therefore^{submit that Lhe issue in the present writ petitlon} is squarely^{coveredby the above said lvrit petitionand} prays this^{Courtto dismissthe instant case'}

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.5. Recording^{the submissiousand obscrvationsmade} by this^{Court in W.P No'41396 of 2O15' this writ petition} stands^{dismissed There shall be no order as Lo costs'}

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Asa seque[,^{misccllaneousapp[lcations'ifany}

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pe nding,^{shalL st anci closccl}

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SD/. P.Ch.^{NAGABHUSHAMBA} DEPUTY REGISTRAR //rRUE CoPY// A

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SECTION OFFICER

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The Commissioner^{(Appeals), O/o' Chief Commisstonerof Land} Administration,^{Governmentof Telangana at HyderaDao'}

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2 ih" Joint Collector,^{Khammam Districtat Khammam..} - 3 +i;; R;;;"* Divisional^{officer, Khammam Divisionat Khammam'} 4 ii " rir'iiroii,khur,nr,^{U rbanI'4andal, Khammam-District'} i*" Cti i"^{Cp Fon nevENur,High Court for the State of Telanganaat} Hvderabad. [OUTI

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