HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE ELEVENTH DAY OF NOVEIVBER

TWO THOUSAND AND TWENTY

PRESENT

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

WRIT PETITION NO: 19861 OF 2020

Between:

Samrudhi Jeeva Prardhana [\,4andiram (Christian Charitable Trust), Rep by its Author of
the Trust -cum-Chairman Sri l\/edida Malyadri @ John Gideon S/o. Chinna Kondaiah,
Aged about 36 years, R/o. H.No.2-88, Srirampuram Village Thirumalagiri Sagar lr/andal,
Nalgonda District, Telangana State.
..,PETITIONER
AND
'1
. The State of Telangana, Rep. by its Principal Secretary, Panchayat Raj and
Rural Development Department, Secretariat, BRK Bhavan, Saifabad, Hyderabad,
T,S.
2. The District Collector, Nalgonda District, Telangana State
3. The District Panchayat Officer, Nalgonda District, Telangana State
4. The Divisional Panchayat Officer, trrliryalaguda, Nalgonda District, Telangana
State
5. Srirampuram Gram Panchayat, Srrrampuram Village Thirumalagiri Sagar
Ir/andal, Nalgonda District, Telangana State Rep. by its Panchayat Secretary
6. The Panchayat Secretary, Srirampuram Gram Panchayat, Srirampuram Village
Thirumalagiri Sagar l\,4andal, Nalgonda Distrjct, Telangana State
7. The lVlandal Panchayat Officer, Thirumalagiri Sagar lt4andal, Nalgonda District,
Telangana State
B. Sirra Syambabu, S/o. Yesobu Aged about 51 years, Occ.Govt. Employee R/o.
Srirampuram Village Thirumalagiri (Sagar) lvlandal, Nalgonda District, Telangana
State
...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the
circumstances stated in the affidavit filed lherewith, the High Court may be pleased to

issue a writ, order or direction more particularly one in the nature of WRIT OF

IVANDAMUS declaring the action of the respondents in issuance of impugned orders

vide l\,4emo No.202712020-83 (Pts) daled 1911012020 to cancel the Ownership

Certificate vide letter No.4/GPS/2020 -21 dated 1910612020 which was given in favour

of house bearing No.2-88 of Petitroner's Trust and the consequentral orders vide

Lr. No.05/G PS/2020-21 dated 2811012020 cancelling the Ownership Certificate of

house bearing No.2-88 dated 19/06/2020, basing on the alleged unilateral enquiry

report vide Lr No.15212020-4l (Pts) daled 2110912020 without issuing any prior notice

is illegal, arbitrary and against the principles of natural justice and also in violation of

the rules in G O.lVls.No.30 PR dated 2010111995, violation of provisions of the T.S.

Panchayat Raj Act, 2018 and violation of Articles 14 and 300-4 of Constitut jon of

lndia and consequently set aside lhe same.

 il2il
lA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the
I

affidavit filed in support of the petition, the High Court may be pleased to suspend the

operation of the [\,4emo No 202712020 -83 (Pts) dated 1 9/1 0/2020 issued by the 2nd

respondent District Collector and consequential orders vide Lr No.05/GPS|2020-21

daled 2811012020 cancelling the Ownership Certjficate of house bearing No.2-BB

dated 19/06/2020 issued in favour of the petitioner, pending disposal of the Writ

Petition.

Counsel for the Petitioner: SRl. K. PRADEEP REDDY

Counsel for the Respondent Nos.1 to 4:

GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT

Counsel for the Respondent Nos.5 to 7: SRI c. NARENDER REDDY,

SC FOR GRAM PANCHAYAT

Counsel for the Respondent No.8: NONE APPEARED

The Court made the following: ORDER

 THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

WRIT PETITION No. 19861 of 2020

ORDER:

ln this writ petition. petitioner challenges the lvlemo dated

19.10.2020 issued in the name of District Collector (Panchayat

Wlng) Nalgonda directing respondent No2-Panchayat Secretary,

Srirampuram Gram Panchayat to cancel the ownership certificate

issued on 19.06.2020 in its favour

The petitioner asserts that house bearing No.2-88 in survey

No 163. Block No.2 of Srirampuram Gram Panchayat, Thirumalgiri

(Sagar) It/landal, Nalgonda District was gifted to it and the ownership

certificate was issued by the Joint Panchayat Secretary,

Srirampuram Gram Panchayat based on the Assessment Register

It further asserts that there being no dispute with respect to the

ownership. the impugned Memo directing to cancel the same is

unsustainable

Sri G.Narender Reddy, learned Standing Counsel for

respondent Nos 5 to 7, submits that the Joint Panchayat Secretary

is not authorised to issue the ownership certificates and under the

mistaken impression, based on the Assessment Register, the

ownership certificate has been issued without any authority,

therefore, respondent No.2 was directed to rectify the same

Though learned counsel for the petitioner expresses

apprehension that based on the cancellation of the ownership

certificate. the respondent authorities may remove its name in the

 W.P.Na 19861 of 2420
CKR J

Assessment Register, at this point of time. there is no material for

this Court to come to even a prima face concluston.

As there being no dispute that none of the authorities under

the Act is empowered to issue ownership certificate, issuance of the

ownership certificate dated 19 06 2020 cannot be sustained and the

same sought to be rectified by respondent No 2, which cannot be

found fault with.

ln those circumstances, the writ petition is dismissed. leaving

it open to the petitioner to seek redressal of its grievance in future, if

any, with respect to any other matter.

It is brought to the notice of this Court by the learned Standing

Counsel that the practice of giving ownership certificates by the

Panchayat Secretaries is prevalent in the State and there are

instances where even for Grama Kantam lands, such certificates are

being issued, based on which. respective parties are claiming title

and ownership over the properties

There are number of instances which have come before this

Court where some or the other Officers of the Revenue Department

or Panchayat Ral and Rural Development Department. clarming

themselves to be the State authorities, issued such certificates,

based on which, civil litigation is being created both against the

State as well as against the individuals.

It shall be borne in mind that entries in the panchayat records,

municipal records and the corporation records are only for the limited

purpose of collection of taxes and the entries in the municipal

records do not, by itself, confer any absolute tiile or ownership rights.

 W.P.N?.19861 ot 2020
CKR,J

ln those circumstances and in the light of the above practice

prevailing in the State, this Court deems it appropriate to direct the

Principal Secretaries to the State Government rn its Revenue and

Panchayat Raj and Rural Development Departments to issue

necessary directions and guidelines with respect to the subject

matter so as to have clarity and to ensure prevention of huge

litigation on this count

Office to circulate a copy of this order to the above-named

Secretaries

Miscellaneous petitions, if any, pending in this writ petition

shall stand dismissed. There shall be no order as to costs

SD/.K,SAIL HI
ASSISTANT RE RAR
,TRUE COPY'
SECTI N OFFICER
To,

1. One CC to Sri K. Pradeep Reddy, Advocate [OPUC]

2. Two CCs to GP for Panchayat Raj & Rural Development, High Court for the
State of Telangana at Hyderabad. [OUT]
3 One CC to Sri G Narender Reddy, SC for Gram Panchayat IOPUC]
4. The Principal Secretary Panchayat Raj and Rural Development Department
Stale of Telangana Secretariat Hyderabad
5. The Principal Secretary Revenue Department State of Telangana Secretariat
Hyderabad
6. Two CD Copies
CHR

A^"-
HIGH COURT
DATED:1 111112020

1 H E S 14

J c
o
19 itov 2020 a
ORDER
{' I
)*
*
W.P.No.19861 ot 2020 PA-l't:ll,j

DISMISSING THE WRIT PETITION

WITHOUT COTS

:rr[ .

EcoP(sS
l- n\rr
Y
)-o