Disposed

A Kavitha v. The State of Telagana

Telangana HC9 Sept 2025WP/5628/2022

Case brief

AI extract

What is this about?

Petitioner challenged a Special Tribunal order dismissing her appeal on limitation grounds regarding revenue record entries over land in Shadnagar Village. The High Court found the Tribunal's order perverse as it was passed without notice or examining merits, set it aside, and directed the Tahsildar to examine and correct the revenue entries in accordance with law.

What did the court decide?

Impugned Tribunal order set aside; Tahsildar directed to examine and correct revenue record entries in favour of petitioner in accordance with law; no costs.

A Kavitha Vs The State of Telagana — Land Acquisition | Telangana HC (2025)

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IN THE HIGH COURT FOR THE STATE OF^TELANGANA

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AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRIJUSTICE^{E.V. VENUGOPAL}

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WRIT PETITION 5628 0F 2022

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Between:

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A Kavitha, Wo. B. Naresh^{Reddy, Age 48 years, R/o. Annaram Village,} Faroocinagar Mandal, Ranga^{Reddy-DistriclRep. by her SPA holder Allapu-ram} Anantha Reddy, S/o. Lat-e A. Nirayan^{Reddy, Age. 78 years, Occ. Rtd.} Employee, R/o. Shad Nagar,^{Ranga Reddy District.}

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...PETITIONER

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AND

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1, The State of Telagana,, Rep. by its Principal^{Secretary,Revenue Department,} Secretariat, BRKR Bhavan, Hyderabad'5OOO22.

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2 The Special Tribunal, under TelanganaRights^{in Land and Pattadar Pass} book Act, 2020, Ranga Reddy^{Distiict,RepresenteQ by} lts^{DistrictCollector} and Add itional ColleCtor'^{( Revenue),Ranga Redd y District.}

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3 The Revenue Divisional Officer,,^{Shadnagar, Ranga Reddy District.}

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4 The Tahsildar, Faroocinagar^{Mandal,Ranga Reddy District.}

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Smt Akula Sandya, Wo^{Malleshwar,Age 57 years, Occ. House-Wife,C/o.} Mallesh, Christiah Colony, Shad^{Nagar, Ranga Reddy District.Telangana} State.

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Akula Raju, S/o Shankaraiah^{Age 52 years, Occ. Business,C/o. Mallesh,} Christian'eblony, Shad Nagar,^{RangaReddy District.Telangana State.}

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Sri M.A.Hakeem, S/o.^{Abdul Raheem,Age 52 years, Occ.Business, C/o} Mallesh, Christian Colony, Shad^{Nagar,Ranga Reddy District.Telangana} State. r

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;

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...RESPONDENTS

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Petition under Articte 226 of the^{Constitution of lndia prayingthat in the} circumstances stated in the affidavit^{filed therewith, the High Court may be} pleased to issue an appropriate writ, order^{more particularlyone in the nature of} Writ of certiorari calling for records^{relatingto the impugnedorders passedby the}

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2nd respondent in case No. No. 8/51/2012l No.ST/83612021, dated 15-6-2021 and set-aside the same by duly declaring it as illegal, arbitrary, unjust, without jurisdiction and violative of Article 14, 21 and 300 A of Constitution of lndia, contrary to the provisions of Telangana Rights in Land Pattadar Passbooks Act, 2020 consequently direct the Respondents 1 to 4 to restore the name of the petitioner in revenue records in respect of Ac.O.14 Gts in Sy. No.212 of Shadnagar Village, Farooqnagar Mandal, Ranga Reddy District and also to pay costs and compensation.

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lA NO: 1 oF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, ine Hign Court may be pleased to dispense with of filing of certified copy of impugned orders passed by the 2nd Respondent case No. B/51/2012l No.ST/83612021, dated 1s-o-zo21and pass

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lA NO: 2 OF 2022

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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 the operation of impugned orders passed by the 2nd respondent case No. 8/51/2012l No.ST183612021, dated 15-6-2021 with a direction restore the name of the petitioner in revenue records in respect of Ac.0.14 Gts in Sy.No.2'|2 of Shadnagar Village, Faroocinagar Mandal, Ranga Reddy District pending disposal of the above writ petition.

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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 fix an early date of hearing/admission.

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Counsel for the Petitioner:SRt. VENKATESHWARLU GUMMADAVELLY

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Counsel for the Respondents No 1To 4: AGP FOR REVENUE

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Counsel for the Respondents No 5 To 7: SRt B. RANGANATHA RAO

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

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ORDER:

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This writ petition is fiIed seeking the following

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prayer:

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1..to issue an appropriate writ order more particularlg one in the nature of Writ of certiorai calling for records relating to the impugned orders passed bg the 2d respondent in case No.B/ 51/ 2012/ No.ST/ 836/ 2021, dated 15.06.202 I and set-aside the same by dulg declaing it as illegal, arbitrary unjust without juisdiction and uiolatiue of Article 14, 21 oid 3OO-A of Constittttion of India contrary to the prouisions of Telangana Rights in Land Pattadar Passbooks Act, 2020, consequentlg direct the Respondent lVos. I to 4 to restore the name of tlrc petitioner in reuenue records in respect of Ac.O.14 Gfs in Sg.No.212 of Shadnagar Village, Farooqnagar Mandal, Ranga Reddg Distict and also to pay costs and compensation-.."

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Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and Mr.B.Ranganatha Rao, learned counsel for respondent Nos.5 to 7. .Perused the record.

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Learned counsel for the petitioner would submit that the father of the petitioner by naine Sri Anantha Reddy by virtue of unregistered sale deed had purchased an extent of Ac.S.OO guntas of land situated in Sy.No.2l2 of Shadnagar Village of Farooqnagar Mandal, R.R. District and the petitioner was the successor of the said property. The

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petitioner^{isminor at the tirne ofpurchasedand} subsequent^{sale by the father of the petitioner' Out of} Ac.S.OO^{guntas of land, the father of the petitioner sold the} property of^{Ac.4.30guntas infavour ofunofficial} respondents^{vide unregistered sale deed'} ,^the said sale^{transactionhas been validatedby respondent} No.4 vide^{proceedings videProc. No. A/3358/2OO2'dated} l2.Og.2OO2^{and Ac.4.30 guntas of land has been enteredin} favour of^{unofhcial respondentsherein. Learnedcounsel} for the^{petitioner would further submitthat the petitioner is} left over^{another Ac.0.10guntas of land inSy'No'212} situated^{at ShadnagarVillage,FarooqnagarMandal, R'R'} District.

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That being^{the case, learnedcounsel for the petitioner} would submit^{that surprisingly,the entire portion of land to} an extent^{of Ac.5.O0guntas of the petitioner hasbeen} entered into^{the pahanies by the ollicial respondents in} favour of unofficial^{respondents. Thereafter,the petitioner} submitted RTI^{application torespondentNo.4.Vide} endorsement No.RK/981 12017,^{dated31.07.2019 stating} that the file is not^{available.The petitioner made an}

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application before respondent No.3 as contemplated under Section 5(5) of the ROR Act. During pendency of the appeal before respondent No.3, respondent No.1 has enacted the Telangana Rights in Land and Pattadar Pass Books Act, 2O2O and in pursu€rnce of the new Act and by G.O.Ms.No.4 Revenue (Assignment-I Department) dated L2.O2.2O2L, respondent No.1 constituted Special Tribunal in every District. Thereafter, the case of the petitioner was taken on file by the Special Tribunal - respondent No.2. Respondent No.2 vide its order dated 15.06.2021 in Case No.B/ 5l l2OL2 h.ad dismissed the said appeal by giving the same reason that the subject matter has been lapsed by limitation. Challenging the same, the present writ petition has been filed.

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Learned counsel for respondent Nos.S to 7 without disputing the fact that the unofficial respond.ents have purchased the property to an extent of Ac.4.3O guntas and Ac.O.1O guntas of land has been left over for the petitioner. Respondent Nos.S to 7 have applied for gpam panchayat, obtained layout and plots were made in Sy.No.2l2/P and Sy.No.2LSlP of Shadnagar Village, Farooqnagar Mandal

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and sold out the plots to the third parties. The plot owners have also constructed the houses in their plots and no land is left.

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l,earned Assistant Government Pleader for Revenue would submit that both the parties have admitted an extent of Ac.0.10 guntas of land is remained with the petitioner herein, upon making the application by the petitioner, the official respondents would be passed appropriate orders in accordance with law.

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Having heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and learned counsel for respondent Nos.S to 7, on perusal of materials place before this Court, the petitioner and unofficial respondents in one voice'would submit that the petitioner is holding Ac.O. lO guntas of land in Sy.No.212 of Shadnagar Village, Farooqnagar Mandal, which is undisputed fact. Upon perusing the order passed by the Special Tribunal, it is to be seen that, without going into the merits of the correction of entries in ,the records and without giving any notice, the Special Tribunal has passed

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order stating that limitation-does not permit to hear the matter, which is perverse.

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B. Accordingly, the order of the Special Tribunal is setaside. The petitioner is at liberty to file an application before respondent No.4 to make necessary entries in the revenue records. The official respondents are directed to examine the said aspect to enter the name of the petitioner by correcting the in-corrected entries made by the Tahsildar in respect of the land in Sy.No.2l2 of Shadnagar Village, Farooqnagar Mandal, Rangareddy District and take action on the same and pass appropriate orders in accordance with law.

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With the above directions, this writ petition is disposed of. There shall be no order ds to costs

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Miscellaneous applications, if any, pending, shall also

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stand closed.

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.PONNA KRISHNA
REGISTRAR

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//TRUE COPYII

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SECTION OFFTCER

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To, 1 I[q_lnt."ipal^{secretary,Rgygllg_Department, secretariat, state of} relagana, BRKR Bhavan, Hyderdbad -500022.

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The District Collector and Additionat Collector (Revenue), Special Tribunal, qnder Telangana Rights in Land and^pattadar Pass book Act,2020, Ranga Reddy District, Ranga Reddy District.

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