Karnam Rupa vs The State Of Telangana
2023 Latest Caselaw 2578 Tel

     HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

              WRIT PETITION No.24191 OF 2023

ORDER : (ORAL)


      This writ petition is filed aggrieved by the action of

respondents No.2 to 4 in not processing the petitioner's application

vide Dharani Reference No.C12300036670 dated 25.07.2023 for

deletion of agriculture land admeasuring Acs.2-34 guntas in Survey

No.111/E situated at Aziznagar, Village, Moinabad Mandal, Ranga

Reddy, from the prohibitory list of properties.

2. It is submitted that originally the subject land was owned by

father of the petitioner by name Mr Borra Chandraiah. After his

demise, the name of mother of the petitioner by name Borra

Laxmamma was recorded in respect of the subject land. Mother of

the petitioner died on 25.12.2014 and after her death, the names of

petitioner's sister-in-law and her daughter were mutated in the

revenue records in respect of the subject land without the consent

of the petitioner. When respondent No.5 did not accept for

amicable partition, petitioner filed a suit in O.S.No.368 of 2022

(old O.S.No.73 of 2022) for partition and separate possession in

respect of the subject land on the file of learned I Senior Civil

Judge-cum-Assistant Sessions Judge, Ranga Reddy District at

Chevella. In the said suit, ad-interim injunction was granted

against defendants No.1 and 3 restraining from alienation of suit

schedule property till the disposal of the suit. It is stated that

respondent No.4 herein is also a party to the said suit and by virtue

of ad-interim injunction passed in I.A. No.304 of 2022 dated

30.04.2022, the property was kept under prohibitory list. That

during pendency of the suit, parties entered into compromise and

terms were reduced to writing through memorandum of

understanding dated 04.07.2023 where under, defendants agreed to

transfer the land admeasuring Ac.0-22 guntas out of Acs.2-34

guntas in Survey No.111/E/1 and 111/E/2 in favour of the

petitioner and Ac.0-23 guntas in favour of petitioner's sister's son.

3. It is submitted that application was made through Dharani

Portal vide Dharani Reference No.C12300036670 dated

25.07.2023 requesting respondents No.2 to 4 to delete the subject

land from the prohibitory list and for issuance of mutation

proceedings to the petitioner in accordance with judgment and

decree passed in O.S. No.368 of 2022 dated 25.07.2023. It is

submitted that in view of the disposal of O.S. No.368 of 2022 dated

25.07.2023, the orders passed in I.A. No.304 of 2022 will not

survive as the same was merged in the suit judgment.

4. Heard learned counsel for the petitioner and learned counsel

for unofficial respondents and learned Assistant Government

Pleader for Revenue. I have perused the material available on

record.

5. It is represented by learned Assistant Government Pleader

for Revenue that Dharani application of the petitioner has been

processed and basing on compromise judgment and decree in O.S.

No.368 of 2022, respondent No.4-the Tahasildar, Moinabad

Mandal, has recommended to allow the transaction (application) as

requested by the petitioner and the same was forwarded to the

office of Collectorate.

6. In view of the same, no further orders are required to be

passed. Accordingly, the writ petition is allowed directing

respondents No.2 and 4 to complete the process pursuant to the

Dharani application of the petitioner vide Dharani Reference

No.C12300036670 dated 25.07.2023 for deletion of agriculture

land admeasuring Acs.2-34 guntas in Survey No.111/E situated at

Aziznagar, Village, Moinabad Mandal, Ranga Reddy, from the

prohibitory list of properties, in accordance with law, by issuing

notice to all concerned/interested persons, within a period of one

(1) month from the date of receipt of a copy of this order. No order

as to costs.

As a sequel thereto, miscellaneous applications,

if any, pending in the writ petition stand closed.

_______________________ B. VIJAYSEN REDDY, J Dt: 21.09.2023 RRK