Vanta Narsimulu and 7 others Vs State of Telangana and 5 others

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[^32ee l

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENW FIVE

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?-;f{r{Ill

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THE HONOURABLE SRIJUSTICE E.V. VENUGOPAL

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WRIT PETITION NOS: 't0 AND 9548 0F 2020

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w.P.

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Vanta Narsimulu, S/o Yadaiah Aged about 48^years, Occ . Agrl. Rl/o H.No,276/'l, Chetla Potaram village Jinnaram Mandal, Medak District

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Vanta Renuka, W/o Late Sri Krishna Aged about 38^years, Occ Agrl.^Rl/o H.No.2-7612, Chetla Potaram village Jinnaram Mandal, Medak District

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Vanta Anjaneyulu, S/o Yadaiah Aged about 35^years, Occ . Agri.^{R/o H.No.2-} 76, Chetla Potaram village Jinnaram Mandal, Medak District

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Boini Yadagiri, S/o Pentaiah Aged about 44^years, Occ AgrL R/o H.No.3-21, Gdda Potaram Chetla Potaram village Jinnaram Mandal, Medak^District

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Madduri Yellaiah, S/o Narsimha Aged about 60^years, Occ^. Agrl.^{R/o H.No.3-} 7, Gadda Potaram Chetla Potaram village Jinnaram Mandal, Medak District

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Madduri Sattaiah, S/o.Narsimha Aged about 40^years, Occ^{. Agrl.Rl/o H.No.3-} 8/1, Gadda Potaram Chetla Potaram village Jinnaram Mandal, Medak^District

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Madduri Sujatha, Wo Late Ramulu Aged about 44^years, Occ Ag!,^R/o H.No.3-8, Gadda Potaram Chetla Potaram village Jinnaram^Mandal,Medak District

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Madduri Krishna, S/o Narsimha Aged about 40^years, Occ^{Agrl. R/o H.No.3-} 812, Gadda Potaram Chetla Potaram village Jinnaram Mapdal, Medak^District

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...PETITIONERS

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AND

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State of Telangana, Rep. by its Prl. Secretary, Revenue Department

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2 3 4 5

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6

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lTtNTS

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Petition under Article 226 of the Constltution of lndia^praying that^{in the} circumstances stated in the affidavit filed therewith, the^{High Court may be} pleased toto issue an appropriate Writ, order or direction more^particularly one in the nature of WRIT OF MANDAMUS declaring the^{impugned endorsement issued}

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bythe Sth respondent in End.No.B//2019, dated 20-06-2019 and signed dated 9- 7-2019 is illegal, arbitrary and set aside the same, consequently direct the respondents to issue^paftedarpass books and title deeds to the^petitioners. to implement the ROR as^per the Pattedar Pass Books under Rule 9 of Telangana State Rights in Land and Pattedar Passbooks Act, 1971 and made entries of the petitioners names in the Revenue records.

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lA NO: 1 OF 2020

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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 respondents not to interfere/dispossess the^petitioners from their lands in an extent of Ac. 69-00 in Sy.No.79, situated at Chetlapotharam Madhya Alinagar, Jinnaram Mandal, Sanga Reddy District (old Medak District) by suspending the operation of the endorsement issued by the Sth respondent in End.No.B/ /2019, dated 20-06-2019^pending disposal of the main Writ petition.

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lA NO: 2 OF 2020

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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 permit the petitioners to file the material papers as Additional material papers in W.P.No. 9910 of 2O2O and also in the l.As. ,a

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Counsel for the'Petltioners: SRI B.V.RAM NARESH KUMAR Counsel forthe Respondent Nos.l TO 5: AGP FOR REVENUE Counset forthe Respondent No.6: SRI G.NARENDER REDDY, SC FOR

MPPZPP

W.P.NO: 9948 OF 2020

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Between:

1 Madduri Satyanarayana @ Sathaiah, S/o Late Mallaiah aged about 65 years, Occ Agriculturg (9 H,No, 3-26, Gaddapotaram village (Chetlapoth-aram) Jinnaram Mandal, Medak District.

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2 Madduri Sivaiah, S/o Late Mallaiah aged about 62 years, Occ Agriculture Rt/o H.No. 3-20, Gaddapotaram villagt (Chetlapothiram) Jinnarim Mandal, Medak District

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Madduri Manikyam @ Manaiah, S/o Madduri Sivaiah aged about 43^years - oiCTgriauitur6 mo-n.rrro. a-io, caaaipotaram riirdJldrr"tijpotnlrimi Jinnararh Mandal, Medak District

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...PETITIONERS

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AND

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State of Telangana, Rep. by its Prl. Secretary, Revenue Department Secretariat, Hyderabad

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The Chief Secretary, Revenue Department Secretariat, Hyderabad.

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The District Collector, Sangareddy District At Sangareddy

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The Revenue Divisional Officer, Sangareddy, District At Sangareddy

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The Tahsildar,. Jinnaram Mandal At Jinnaram, Sangareddy Dist. 6. The Panchayat Secretary, Chetlapotharam Gram Panchayat JinnaramiMandal, Sangareddy Dist.

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...RES'.NDENTS

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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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned^{endorsement issued} by the Sth respondent in End.No.B//20'19, dated 20-06-2019 and^{signed dated 9-} 7-20'19 is illegal, arbitrary and set aside the sarne, consequently^directthe respondents to issue^pattedarpass books and title deeds to the^{petitioners,to} implement the ROR as^per the Pattedar Pass Books under Rule 9 of Telangana State Rights in Land and Pattedar Pass BooksAct,^{1971 and madeentries of the} petitioners names in the Revenue Records.

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lA NO: 1 OF 2020

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I

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Petition under Section 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court^{may be pleasedto} direct the respondents not to interfere/dispossess the^{petitionersfrom their lands} in an extent of Ac. 69-00 in Sy.No.79, situated at Chetlapotharam^{village, Madhya} Alinagar, Jinnaram Mandal, Sanga Reddy Distrid^(od Medak^{District) by} suspending the operation of the endorsement issued by the 5th^respondeniin End.No.B/ /2019, dated 20-06-2019^pending disposal of the^{main Writ petition.}

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lA NO: 2 OF 2020

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Petition under Section 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the^{High Court may be pleasedto}

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permit the petitioners to file the material papers as Additional material papers in WP.No. 9948 of 2O2O and also in the l.A.s.

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Counsel for the Petitioners: SRI B.V.RAM NARESH KUMAR Counsel for the Respondent Nos.1 TO 5: AGP FOR REVENUE Gounsel for the Respondent No.6: SRI G.NARENDER REDDY, SC FOR MPPZPP

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The Court made the following: GOMMON ORDER

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,p

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I .t

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THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL

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U|RIT PEIITION No. 1O and 994A of 2O2A

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W.P.No.991O of 2O2O is filed seeking the following

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prayer:

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"...to issue a Writ of Mandamus declaring the^impugned endorsement issued bg tlrc 5h respondent in^{End.No.B/2019'} dated 20.06.2019 and signed dated 09.07.2019 is tllegal, arbitrary and set aside the same and^{to corlsequentlg direct} the respondents to issue pattedar^pass books and title deeds to the petitioners to implement tle ROR as^{per the Pattedar} Pass Books under Rule 9 of Telangana State^Rights in^Land and Pattedar Pass Books Act, 7977..."

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W.P.No.9948 of 2O2O is filed seeking the following

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prayer:

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o...to issue a Wit of Mandamus declartng the impugned endorsement issued bg the 5k^{respondentin End.No.B/2O19,} dated 20.06.2019 and signed dated 09.07.2019^{is illegal,} arbitrary and set aside the same and to consequentlg^direct the respondents to issue^{pattedorpassbooles and title deeds} to the petitioners to implement tlrc^{ROR as per t?e Pattedar} Pass Books under Rule 9 of Telangana^StateRights )t^Land and Pattedar Pass Books^{Act, 7977..."}

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Since the petitioners and the issues^{involved in these}

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writ petitions are one and the^{sarne, they are taken up} 1/ d

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together and disposed of^{by way of this common order.}

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Learned counsel for the^{petitionerswould submitthat} the petitioners are^{landlesspoor people and are in} continuous possession of the^{lands in Sy.No.79,situated at}

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2

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Chetlapotharam Village, Jinnaram Mandal, Medak District. Ac.6O.O0 guntas of land at Chetlapotharam village, Jinnaram Mandal, Medak District was allotted to the petitioners. The petitioners made a representation to respondent Nos.4 and 5 on 20.06.2019 and passed on the said report to the Village Revenue Officer on 24.06.2019 requesting not to interfere with their lands. On receipt of representation dated 2O.O6.2OL9 made by the petitioners and also on receipt of the report of the VRO, dated 24.06.2019, the Tahsildar-respondent No.S had issued endorsement on 20.06.2019 in a mechanical manner and rejected the claim ofthe petitioners.

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It is further submitted that based upon the pa-hanies for the year 1990-91 and Khasra Pahani for the year 195455, tJee land to an extent of Ac. 1.90 guntas and Ac.734. 15 guntas, out of which Sri Narsimha Reddy, S/o. Lakshma Reddy one of the declarant is the pattadar for the land Ac.60.OO gutnas of the land and it is in his occupation as per the Pahani for the year 1990-91 and that being the case, learned counsel for the petitioner would submit that the lands pertajning to the petitioners have been allotted in

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favour of the DILL Company for establishment of said company. Thereafter, the petitioners made a representation to the Chief Minister and also to the Tahsildar, Jinnaram. .Th"^{Governmentresumed their lands to continue their} possession and the petitioners are cultivating the same. Therefore, learned counsel for the petitioners seeks to set aside the endorsement issued by the Tahsildar, Jinnaram and seeking direction to respondent No.5 to issue necessary pattas in favour of the petitioners herein for taking consideration that they are in continuous possession and enjoyment of the subject lands.

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On the other hand, learned Assistant Government Pleader for Revenue, by furnishing a copy of instructions , issued by the Tahsildar, Jinnaram Mandal, would submit that the subject lands are ceiling surplus lands and the same were never assigned to the petitioners at any point of ,"' time. It is further submitted that the petitiohers herein are neither the title holders of the land nor tley are rn authorized possession. The subject lands are under custody of Government since the date of resumption i.e., 21.09.2015

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from the DILL authorities. It is further submitted that the

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il

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4

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Tahsidlar, .Iinnaram has issued endorsement vide No.B/3913/2019, dated 2O.O6.2OL9 stating that the subject lands are surplus lands and the same were never assigned to the petitioners at any point of time as such the question of issuing pattadar pass books to petitioners does not arise. Therefore, the claim of the petitioners is neither based on records nor based on the title, hence, seeks to dismiss this writ petition.

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Having heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue and upon perusal of material placed on record, this Court without going into merits or demerits of the case, grants libert5z to the petitioners to make detailed representation along with necessary documents along with original^j*.rrr"" to respondent No.S to establish that the petitioners are in possession of the lands in question, from the date of receipt of a copy of this order. Respondent No.S shall examine the same by issuing necessary notices to the petitioners and all other interested parties and by affording them an opportunity of hearing and pass appropriate orders in accordance with law.

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r ! ;

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With the above directions,^{these writ petitions are}

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disposed of. There shall^{be no orderas to costs.}

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As a sequel, miscellaneous^{applicationsif any, stands}

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closed

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A.SRINIVASA^REDDY

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::;' ,/TRUE COPY// OFFICER To 1. The Prl. Secretary, Revenue Department Secreta Hyderabad,^{State of}

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+f; f[fli:rtecreta^{ry, Revenue Depa rtment se-cretari at, Hvd era bad} 3. The Distri"t^{L"dri6ii6'r, salg_areooV oistrict At Sangareddy} i,+n:ff^{xs#'l6;:s?;![ii:'il:i6g[:iipigf#t'f :::-} 6. The Pancnai'iGii"lqry'^{chetl apotha ramG ra t}

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