Sabbineni Michael Ravi vs The State Of Telangana
2023 Latest Caselaw 2868 Tel

   THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE

                               AND

    THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR


                WRIT APPEAL No.971 of 2023


JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)


      Mr. D.Kaval Kumar, learned counsel for the appellants.

      Mr. T.Srikanth Reddy, learned Government Pleader for

Revenue for respondent Nos.1 to 3.


      2.    This intra court appeal has been filed against an

order dated 20.02.2023 passed by learned Single Judge in

W.P.No.17347 of 2021, by which writ petition preferred by

the appellants has been dismissed.


      3.    Facts

giving rise to filing of this appeal briefly

stated are that one Sabbineni Shouraiah was the owner and

in possession of land measuring Ac. 4.26 guntas out of total

land measuring Ac. 9.11 guntas in Survey No.336 of

Munugode Village and Mandal. The aforesaid property was

subjected to partition to his four sons and two sons namely

Sabbneni Anthaiah and Sabbineni Jogaiah were allotted ::2::

Ac. 1.07 guntas each in Survey No.336 in partition, whereas

his remaining two sons namely Sabbineni Soulaiah and

Sabiineni Innaiah were allotted Ac. 1.06 guntas each in

Survey No.336 in partition. Thereafter Sabbineni Soulaiah

purchased the land measuring Ac. 2.12 guntas from Marneni

Dasisah on 22.12.1960 vide unregistered sale deed and

another parcel of land measuring Ac. 1.06 guntas in Survey

No.336 from Marneni Jojaiah.

4. The names of respondent Nos.4 to 9 were mutated

in the revenue records. The Special Tribunal by an order

dated 06.07.2021 dismissed the revision petition preferred by

the appellants. Thereupon the appellants challenged the said

order in a writ petition namely W.P.No.17347 of 2021, which

has been dismissed by learned Single Judge vide order dated

20.02.2023.

5. Learned counsel for the appellants submitted that

the appellants are senior citizens. It is further submitted

that learned Single Judge grossly erred in dismissing the writ

petition preferred by the appellants.

::3::

6. We have considered the submissions made by

learned counsel for the appellants and have perused the

record.

7. From the perusal of the record, it is evident that

the fundamental ground of challenge to the order dated

06.07.2021 passed by the Special Tribunal was that the

Special Tribunal has not afforded an opportunity of hearing

to the appellants and has not considered the documents

submitted by the appellants. Learned Single Judge has

recorded a finding that the appellants were heard and had

submitted the written arguments which were duly considered

by the Special Tribunal. It was further held that since

Sabbineni Soulaiah had purchased the property after

partition of the lands, therefore, the petitioners are not

entitled to challenge the entry in the revenue records which

was made in his favour. It was further held that the said fact

was considered by the Special Tribunal.

8. The order dated 20.02.2023 passed by learned

Single Judge in W.P.No.17347 of 2021 does not suffer from ::4::

any infirmity warranting interference of this Court in this

intra court appeal.

9. In the result, the Writ Appeal fails and is hereby

dismissed. There shall be no order as to costs.

Miscellaneous applications, if any pending, shall stand

closed.

_______________________________ ALOK ARADHE, CJ

_______________________________ N.V.SHRAVAN KUMAR, J

Date: 04.10.2023 KL