Telangana High Court
Smt. Podishetty Thirapamma vs The State Of Telangana on 28 May, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.15404 of 2025
ORDER:
This writ petition is filed seeking the following prayer:-
".....pleased to issue a writ order or direction more
particularly one in the nature of writ of mandamus
declaring the action of the 4th respondent in 7
issuing the impugned notice No.6/159/2024 dated
27.05.2025 and consequential attempt to
dispossess the petitioners from the agricultural
lands in an extent of Ac.1-00 guntas of
Sy.No.451/AA1/1/1/1 an extent of Ac.1-00 guntas
of Sy.No.451/AA1/1/1/2 an extent of Ac.0-20
guntas of Sy.No.451/E7 an extent of Ac.0-17 guntas
of Sy.No.451/E/5 an extent of Ac.1-00 guntas of
Sy.No.451/AA1/1/1/3 an extent of Ac.0-22 guntas
of Sy.No.451/AA1/1/2 and in an extent of Ac.1-00
guntas of Sy.No.451/AA1/1/1/4 situated at
Thangellagudem, H/o Cheedella of Penpahad
Mandal, Suryapet District, at the instance of 5th
respondent as illegal arbitrary and violative of
principles of natural justice and consequently set
aside the impugned notice No.6/159/2024 dated
27.05.2025 passed by the 4th respondent and
further also direct the 4th respondent not to
dispossess the petitioners from the agricultural
lands in an extent of Ac.1-00 guntas of
Sy.No.451/AA1/1/1/1 an extent of Ac.1-00 guntas
of Sy.No.451/AA1/1/1/2 an extent of Ac.0-20
guntas of Sy.No.451/E7 an extent of Ac.0-17 guntas
of Sy.No.451/E/5 an extent of Ac.1-00 guntas of
Sy.No.451/AA1/1/1/3 an extent of Ac.0-22 guntas
of Sy.No.451/AA1/1/2 and in an extent of Ac.1-00
guntas of Sy.No.451/AA1/1/1/4 situated at
Thangellagudem, H/o Cheedella of Penpahad
Mandal, Suryapet District, and to pass..."
2 NBK,J
2. Heard Mr. Krishna Kishore Kovvuri, learned counsel for
the petitioners, and Mr. T. Swetcha, learned Assistant
Government Pleader for Revenue, appearing for respondent
Nos.2 to 4.
3. The case of the petitioners is that the father of the
petitioners was the absolute owner of the land admeasuring
Acs.4-22 guntas in Survey No.451, situated at Thangellagudem,
H/o. Cheedella of Penpahad Mandal, Suryapet District, (for
short 'ancestral property'), and land admeasuring Ac.0-20
guntas and Ac.0-17 guntas in Survey Nos.451/E7 and
451/E/5 respectively situated at Thangellagudem, H/o.
Cheedella of Penpahad Mandal, (for short 'self acquired
property') was purchased by petitioner No.1 vide registered
document bearing No.1694 of 2010 dated 19.02.2010 and 1961
of 2010 dated 26.02.2010 respectively. The father of the
petitioners was issued pattadar passbook and title deed in
respect of their ancestral property. After the death of his father,
petitioners divided the ancestral property among themselves
and got mutated their names in the revenue records and they
were also issued pattadar passbooks.
3 NBK,J
4. It is submitted that when respondent No.5 tried to
interfere with the ancestral property of the petitioners, the
father of petitioners filed a suit in O.S. No.210 of 2012 on the
file of learned Principal Junior Civil Judge, Suryapet, (for short
'Trial Court') which was decreed on 08.09.2022. Aggrieved by
the same, respondent No.5 preferred an appeal in A.S. No.48 of
2022 before the learned Principal District Judge, Suryapet, for
setting aside the judgment and decree dated 08.09.2022 passed
by the Trial Court in O.S. No.210 of 2012, and the same is
pending for consideration.
5. It is submitted that respondent No.5 is claiming Acs.2-00
guntas in Survey No.451 of Thangellagudem, H/o. Cheedella of
Penpahad Mandal. As his mutation application was rejected,
he filed W.P. No.24445 of 2024, which was disposed of by this
Court by the order dated 04.09.2024. Pursuant to the said
order, respondent No.4 issued impugned notice
No.B/159/2024 dated 27.05.2025 calling upon the petitioners
to submit documents to support their claim over the subject
property.
4 NBK,J
6. The grievance of the petitioners is that respondent No.5 is
trying to dispossess the petitioners from the subject property on
the guise of impugned notice issued by respondent No.4 vide
No.B/159/2024 dated 27.05.2025. Hence, the present Writ
Petition.
7. Learned Assistant Government Pleader for Revenue
submitted that petitioners approached this Court without
submitting explanation to the impugned notice dated
27.05.2025. If the petitioners submit their explanation to the
impugned notice dated 27.05.2025, appropriate action will be
taken by respondent authorities, in accordance with law.
8. As innocuous relief is sought by the petitioners, notice to
respondent No.5 is dispensed with.
9. In view of the above, this Court deems it appropriate to
direct the petitioners to submit their explanation to the
impugned notice vide No.B/159/2024 dated 27.05.2025 issued
by respondent No.4, within a period of one (1) week from the
date of receipt of a copy of this order. On receipt of the same,
respondent No.4 is directed to consider the same, and pass
final orders, in accordance with law, within a period of four (4)
5 NBK,J
weeks thereafter, by affording opportunity of hearing to the
petitioners, respondent No.5 and all other concerned/interested
persons. Till such orders are passed, respondent Nos.2 to 4 are
directed not to interfere with the subject property of the
petitioners.
10. With the above said directions, this writ petition is
disposed of. There shall be no order as to costs.
Miscellaneous applications, if any, pending in this writ
petition, shall stand closed.
____________________________
NAGESH BHEEMAPAKA, J
Date: 28.05.2025
MS/RRK
6 NBK,J
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.15404 of 2025
28.05.2025
MS/RRK
