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2025 Supreme(Online)(Tel) 57954

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
Smt. K. Shailaja and another – Appellant
Versus
The State of Telangana and 4 others – Respondent


Judgement Key Points

The case concerns a land dispute in Turkapally Village, Telangana, where the petitioners claim to have purchased a specific land extent and have been in peaceful possession (!) . However, there are ongoing civil suits challenging the validity of the sale deeds and the ownership rights of various parties involved (!) . Additionally, the government authorities and other respondents have taken steps to change the land use and convert the land from conservation to residential zones through notifications and approvals, which the petitioners oppose (!) (!) .

The petitioners argue that their rights are being violated due to alleged illegal registration of the land in favor of another party and subsequent actions taken by the authorities, despite pending litigation and orders in their favor (!) (!) . The respondents contend that the land transactions are under challenge in civil courts, and the authorities followed proper procedures for land use change and notifications.

The court, however, dismissed the writ petition, primarily because there are multiple civil suits pending that involve complex factual disputes over the land's ownership and title. The court emphasized that such serious and disputed factual questions cannot be resolved through a writ petition, which is meant for constitutional or legal violations, not for resolving complex civil disputes involving disputed titles (!) (!) (!) .


HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.672 OF 2023

ORDER

Heard Mr. B. Mayur Reddy, learned Senior Counsel representing Mr. K.V. Raman, learned counsel for the petitioners, Mrs. D. Madhavi, learned Standing Counsel for HMDA appearing on behalf of respondent No.2, Ms. Tekuru Swetcha, learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.3 and 4, Mr. J. Ramachandra Rao, learned Senior Counsel representing M/s. Pillix Law Firm appearing on behalf of respondent No.5.

2. CASE OF THE PETITIONERS i) The land admeasuring Acs.5.18 guntas in Survey No.617 of Turkapally Village, Shamirpet Mandal, Medchal - Malkajgiri District, was being cultivated by one Mr. Bandi Ananthaiah from 1950 onwards as per Khasra Pahani.

ii) Upon the death of Mr. Bandi Ananthaih, his two sons, Mr.

Bandi Yellaiah and Bandi Bikshapati applied for succession of Tenancy Rights in the year 1975 and accordingly, they were granted ownership certificate under Section - 38E of the Andhra Pradesh (Telangana Area)

Tenancy and Agricultural Lands Act, 1950 (for short ‘Act, 1950’) to an extent of Acs.3.24 guntas.

iii) Thereafter, the petitioners herein purchased the said extent in Survey No.61

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