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2025 Supreme(Telangana) 208

IN THE HIGH COURT OF TELANGANA
SUJOY PAUL, ACJ., RENUKA YARA, J.
T.Ramesh - Appellant
Versus
The State of Telangana - Respondent
Writ Appeal Nos.308 and 316 Of 2025
Decided On : 02-05-2025


Advocates:
Advocate Appeared:
For the Appellant : C HARI PREETH
For the Respondent: GP FOR REVENUE

A party cannot seek relief in court if it has not come with clean hands or fully disclosed relevant facts, and past decisions can bar subsequent similar claims.

Headnote:(A) A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 - Writ Appeals concerning the validity of revenue records and survey orders. (Paras 4, 6, 16)

(B) The principle of res-judicata applies where a party has previously litigated a similar matter. (Paras 19, 21)

Facts of the case:
Appellant challenged the legality of a memo affecting land ownership and sought correction of revenue records. The lands were converted to government lands during recording of Jamabandi in 1975-76 and past litigation indicated ownership issues.

Findings of Court:
The learned Single Judge directed the District Collector to act based on a Tahsildar's report, which the appeals challenge.

Issues: The main questions included the legality of the memo and the claim of possession over contested lands.

Ratio Decidendi: The court ruled that the petitioners were barred from seeking relief due to prior effective judgments in civil suits regarding the same lands leading to a finding that petitioners did not possess clean hands.

Result: Writ Appeals allowed, setting aside the decision of the learned Single Judge.

Table of Content
1. legitimacy of land claims based on historical records. (Para 2 , 4 , 5)
2. arguments regarding ownership and eviction. (Para 10 , 12 , 14 , 15)
3. court's ruling on previous judgments affecting current claims. (Para 16 , 19 , 21)
4. legal obligations relating to truthfulness in litigation. (Para 17 , 18 , 20)
5. outcome of the appeals process. (Para 22)

JUDGMENT :

(Renuka Yara) :

Heard Sri Vedula Venkataramana, learned Senior Counsel representing Sri C.Hari Preeth, learned counsel for the appellant, Sri Muralidhar Reddy Katram, learned Government Pleader for Revenue, for the official respondents and Sri A.Ravinder Reddy, learned Senior Counsel representing Sri N.Janardhan Reddy, learned counsel for respondents No.6 to 9 in W.A.No.308 of 2025 and for respondents No.3 and 4 in W.A.No.316 of 2025. Perused the record.

2. The appeals are preferred by the appellant/respondent No.6 in W.P.No.16804 of 2011 and respondent No.3 in W.P.No.18918 of 2011 aggrieved by the impugned common order dated 19.12.2024 passed by a learned Single Judge in W.P.Nos.16804 and 18918 of 2011.

3. For the sake of convenience, the parties are referred to as they are arrayed in writ petition No.16804 of 2011.

4. The writ petition i.e. W.P.No.16804 of 2011 is filed to declare the Memo No.E/1117/2002 dated 29.01.2011 on the file of respondent No.3-The Revenue Divisional Officer, Asifabad, Adilabad District as illegal and to take steps based on the survey report submitted by Deputy Inspector of Survey, Asifabad and to direct respondent No.4-The Tahsildar to correct entries in the revenue records by issuing Supplementary Sethwar in respect of the lands held by the petitioners to the extent of Ac.47.83 cents, Ac.38.02 cents and Ac.21.93 cents in Sy.Nos.520 and 524 of Sirpur (T) and Mandal, Adilabad District.

5. The writ petition i.e. W.P.No.18918 of 2011 is filed to declare the Memo No.E/1117/2002 dated 29.01.2011 on the file of respondent No.3-The Revenue Divisional Officer, Asifabad, Adilabad District as illegal and to direct respondent No.3 and 4- The Revenue Divisional Officer and the Tahsildar to undertake a fresh survey and identify the old survey numbers which is said to have been converted and included in new survey numbers 520 and 524 (Government Lands) of Sirpur Town and Mandal in Adilabad District.

6. Both the said writ petitions were disposed of with a direction to respondent No.1-The District Collector, Adilabad District, to take appropriate action as per the report submitted by the Tahsildar, Sirpur (T) vide Rc.No.B/149/89, dated 29.12.2009 and to communicate the order to the contesting parties within eight (8) weeks.

Facts of the case

7. The petitioners are the owners and possessors of their respective lands in Sy.Nos.685, 658, 673, 687/1, 691, 692, 694, 685, 658, 673, 686, 690, 687/1, 674, 819 and 689 situated at Sirpur Village and Mandal of Adilabad District. During recording of Jamabandi for the year 1975-76 the aforementioned lands were treated as Mazi Survey numbers and were converted into Government lands. The petitioners claiming to be pattadars of the land filed declarations under the provisions of A.P.Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The said lands were computed to the holdings of the petitioners. When respondent Nos.1 to 5 tried to evict the petitioners, a writ petition vide W.P.No.369 of 1989 was filed and the same was disposed of vide orders dated 03.09.1996 with a direction to the respondent Nos.1 to 5 to conduct enquiry and pass appropriate orders with respect to land in Mazi Survey numbers, which were subsequently renumbered as Sy.Nos.520/1 and 524/1 PP. Pursuant to the said order, the respondent No.3/The Revenue Divisional Officer, Asifabad issued notice on 15.03.2007 for conducting survey. Said notice was questioned by the pattadars and the same was dismissed.

8. Consequently, the Deputy Inspector of Survey conducted survey on 23.07.2009 and a report is submitted. A podi sub- division was done by showin

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