Thanniru Santosh Kumar vs The State Of Telangana
2025 Latest Caselaw 319 Tel

Telangana High Court

Thanniru Santosh Kumar vs The State Of Telangana on 10 July, 2025

      THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI


                   WRIT PETITION NO.31020 OF 2024


                                  ORDER

In this Writ Petition, the petitioner is challenging the action of

respondent No.5 in issuing the ownership right certificate dt.27.11.2020

without any authority of law in favour of respondent No.6 as illegal and

arbitrary and consequently to set aside the same and to pass such other

order or orders.

2. Learned counsel for the petitioner has submitted that the

Panchayat Secretary has no role or authority to issue the impugned

certificate dt.27.11.2020. She submitted that along with the counter

affidavit filed by the Gram Panchayat, another ownership certificate

dt.02.03.2021 issued in favour of respondent No.6 has been filed and the

same also is not valid. She placed reliance upon the judgment of this

Court in W.P.No.19861 of 2020 dt.11.11.2020, wherein this Court has

held that the Panchayat Secretary is not the authority to issue ownership

certificates or title certificates to the parties.

3. Learned Standing Counsel for the respondent Gram Panchayat

submitted that in compliance with the decision of this Court in

W.P.No.19861 of 2020 dt.11.11.2020, a memo dt.20.02.2021 has also

been issued directing all the Panchayat Secretaries in Nalgonda District

to take necessary action on the orders of this Court.

4. However, it is noticed that the impugned certificate dt.27.11.2020

is prior to the said memo and the certificate dt.02.03.2021 has been

issued subsequent to the said memo.

5. Learned counsel appearing for respondents No.6 and 7, however,

submitted that they are the owners and possessors of the subject

property and the petitioner without any right or title is claiming the

property.

6. Having regard to the rival contentions and the material on record,

without going into the merits of the ownership or title of the subject

property, this Court deems it fit and proper to set aside the ownership

certificates dt.27.11.2020 and 02.03.2021 issued by the Panchayat

Secretary, i.e., respondent No.5 in favour of respondent No.6 as without

jurisdiction in view of the judgment of this Court in W.P.No.19861 of

2020 dt.11.11.2020. With regard to the other issues which are raised in

this Writ Petition, the parties are at liberty to approach the appropriate

authorities for remedy.

7. The Writ Petition is accordingly disposed of. No order as to costs.

8. Pending miscellaneous petitions, if any, in this Writ Petition shall

stand closed.

___________________________ JUSTICE T. MADHAVI DEVI

Date: 10.07.2025 Svv