As per case facts, the petitioner filed a Contempt Case because the respondent, a Revenue Divisional Officer, failed to pass orders in specific land reform cases within the six-week period ...
[ 32e6]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THURSDAY, THE SIXTEENTH DAY OF APRIL
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE C'V. BHASKAR REDDY
CONTEMPT CASE NO: 1563 0F 2025
Contempt Case filed Under Sections 10 lo 12 of Contempt of Courts Act'
lgTltopunishtherespondentshereinforViolatinganddisobeyingthedirectionsof
the High Court dated 18-02-2025 passed in W'P' No 4744 oI 2O25'
Between:
Nawab Mohd Yousufuddin Khan, s/o. Late Nawabwajiuddin Khan, aged about 69
VLri., O"" Landlord, Fl/o. H No. 1g-3-262t2t5 Jahanuma' Hyderabad
.'.Petitioner
ANO
Sri Koppula Venkat Reddy, S/o.Not Kngwn Ar{horized officer-cum-Revenue
oiri.ionrt officer, Land Reforms Tribunal, Attapur, Raiendranagar Mandal, Ranga
Reddy District.
. .. ResPondent
PetitionunderSectionsl0tol2ofContemptofCourtsActlgTlprayingthatin
thecircumstancesstatedintheaffidavitfilehereintheHighCourtmaybepleasedto
punishthe:.espondentunderthelolo12oftheContemptofCourtsAct,forwillful
wantonly, intentionally not obeying violated the orders of the Hon'ble Court in
W.P.No. 4744 of 2025 daled 18-02-2025'
Counsel for the Petitioner
Counsel for the ResPondent
The Court made the following
: Smt. Jyothi Eswar Gogineni
: GP FOR REVENUE
: ORDER
IN THE HIGH COURT FOR THE STATE OF TI LANGANA
AT HYDERABAD
THE HON'BLE SRI JUSTICE C.V.BHASKAII REDDY
CONTEMPT CASE No.1563 of2O2)
Date: L6.O4.2O26
Between:
Nelvab Mohd Yousuhrddin Iihar.r Petitioner
AND
Sri Koppula Venkat Rcddy S/o. Not Known.
Authorized officcr- cum Ilcvenuc Divisional Ofhcer,
Land Reforms Tribtrnal, A tta pu r,
Rajcndranag:rr N{andal, Rzrnga Reddy District. Respondent
ORDER
This Contcrnpt Casc is filed by the pctitioner ;,r:king to punish
the responden t/ ('on tern lr o r (Revenue Divisional offir:L r under Sections
lO to 12 of tht: Conlempt of Courrs Act, l97l tor n,ilfir 1.,,, rt,antonly and
intr:ntionall1.. nor obel.ing the ordcr dated 1g.02.201.: passed by this
Court in Writ l)crirron No.4744 ol
,2025.
2. The pctirioner herein has filcd Writ petition
I (.4-i44 ol 2025
secking a dircctiorr to thc rcspondent to ) r;s orders in
C.C.Nos.W/80/75 and W /92175 in respect of L r rl erdmeasuring
4c.74.97 cents in Sy.Nos. 174 to lZ6, IZg, lg2, 1g3 zrrr, 154 situated at
Pe<lclashapur Vil)agc, Shamshabad Mandal, Ranga Fk ( ( y l)istrict. It is
the case of the pctirioncr tltat thc subjcct lands origtr i:llv belonged to
2
his predecessor and that the matter was remanded by the Land
Reforms Appellate Tribunal_cum-Il Additional District Judge, Ranga
Reddy District in L.R.A.No.1o of 2or2 datcd 04.04.20r7 for fresh
adjudication. Despite completion of hearing arrd reserving the matter For
orders on O2.71-2024, no orders r.l,ere passed by the respondent, which
constrained the petitioner to approach this Court by hling the aforesaid
writ petition.
3. This Court utcle order dated 18.02.2025 disposed of W.p.No.4744
of 2025 directing the respondent No.3 therein
/ respondent herein to
pass orders in C.C.Nos.W/80/75 and W l92l7S strictly in accordance
with law, as expeditiously as possible, preferably, u,ithin a period of six
(06) weeks from the date of receipt of a copy of the order and to
communicate the decision to the petitioner.
4. It is the case of the petitioner that despite rhe aforesaicl direction,
the respondent lailed to pass orders rvithin the stipulated time and
therefore, the present ConLempt Case is fited.
5. The learned counsel for the petitioner submits that the
respondent has willfully and deliberaLely disobeyed the orders passed
by this Court in W.P.No.4744 of 2025. It is conrended that though this
Court, uid.e order dated 18.02.2025, directed the respondent to pass
orders within a period of six wceks, the respondent failed to adhere to
the said time frame and did not pass any orders even long after expiry
3
of the stipulated period. It is further submitted tLl.
having no other alternative, made a representation a
bringing to thc notice of the respondent the directic,r
Court and requesting carly compliance, buL the sam,: c
response. [t is contended that the conduct of thc re
demonstrate s lack of rr:spect to the orders of this Co'-t
-
intentional and u'illful disobedience. The learned cottn
submit that the proceedings dated 24.O2.2026, v'Yri-
upon by thc respondent, u,cre passed only after initi:
proceedings and issuancc of notice in Form-I by
Lherefore, lhe same cannot be treated as bona f.de
contended that the said proceedings dated 24.O2-2O2(
to escape the consequences of contempt, without exar
in proper perspective. The learned counsel ccr 1
respondent farled to consider the remand order passc,:l
2012 dated 04.O4.2O17, n,herein lhe earlier orders \,',
the matter u,as remitted lor ttesh adjudication. [l is t
that the respondent ignored thc documentary evidc r
pctitioner, including the allotment of the subject lanrl
petitioner's predecessor uncler the proceedings in C.li I
the su bsequent confirmatior1 of rights by the Hon'ble
this Courl. [t is further argued that the respondent l:
rcliance on earlier proceedings, which had already b:
I the petitioner,
rted 25.03.2O25
s issucd by this
i,1 not evoke any
;pondent clearly
,1nd amounts to
,r:l u,ould further
r are now relied
ir on of contempt
J-ris Court, and
'ompliance. It is
-"vas
issued only
ining the matter
reded that the
in L.A. R. No. 10 oI
re set aside and
r-lher contended
:(r placed by Lhe
in favour of the
o.7 of 1958, and
) Lvision Bench of
s rvrongly placed
n set aside, and
4
has proceeded to reject the claim of the petitioner without conducting
any fresh enquiry as directecl. The learned counser submitted that the
respondent has exceeded his jurisdiction
by virtually sitting in appeal
over the orders passed by this CourL and by clisregarding binding
judicial pronouncements. It is also contended that thc respondent failed
to consider the report of thc Tahsildar ciatecl 23.11.2024, whicl,r clearly
indicated the factual possession and crassirrcation ot the rand, and
lhereby failed to {ake into account the relevanr material uhile passing
the order. The learned counscl argued that conduct of the respondent
clearly establishes that he has not complied u,itl.r the directions of this
Court in true spirit and is liable to bc punishcd under the Contempt of
Courts Acr, 1971 .
6 On the other hand, the learned Government pleader
for Revenue
has relied upon thc
submitted that there
respondent and that the present contempt case is misconceived. It is
contended that the respondent has duly complied wilh the directions of
this Court by passing cletarled orders in procecdings
No. LRW/223g,
2239,2455/2017 dated 24.02.2026. It rs lurther submitted that the
said order was passed after examining thc entirc record, including the
claims and objections of all concerned parties, and after aftording due
opportunity to thcm, and therefore, it cannot be saicl that there is non_
compliance ol the order of this Court. It is further submitted that the
counler alfidavrr iilcd b1the respondent and
on tJ're part of the
is no willfui diso bedience
5
delay in passing the order was neither intentional nrl
occurred due to administrative reasons and the complr
involved in thc matter, u,hich required dctailed
voluminous rccords and multiple claims. It is cor L
respondenl, being a quasi-judicial authority, was recir
various aspects including earlier proceedings, claims
anci statutory provisions undcr the Telangana Land F
thereforc, some delay occurred. tt is submitted that tl (
acted bona hde and in discharge of his offrcial duties r
no inLention to disobey the orders of this Court. It is c r
rcsponclent has great respect for the orders of this CoLi
s[eps to comply $.ith thc same by passing a reasoner]
it is pral,ed that thc contempt case may be dismissed.
7. Thc learned counsel for the respondent filed rc1;
petitioner and submittecl that the contentions raised 1r
are untenable and are onl1, an attempt to jusri i
disobedience o[ the orders of this Court. It is conten,l
compliance b5' passing the proceedings dated 24.02.
er eu'ash and does not amour.r t to compli.ance in tl-r,:
learned counscl su bmitted that compliance of a judir i
rezrl. effcctive and in accordance vvith the spirit of thc
bv the Cor,rrt, and not a mere formality. It is furthcr cc
respondent has completely ignored the scope of the re
deliberate, but
ity of the issues
e xamination of
rnded that the
ir-ed to consider
rl third parties,
:lorms Act, and
:espondenI has
nd that thcrc is
r[ended that the
t and has taken
rrder. Therefore,
r affidavit of the
'
the respondent
the deliberate
'rl that so-called
1,126 is only an
eye of law. The
Lr order musL be
l irections issued
rtended that the
rrand ordered in
5
L.R.A.No.10 of 2012, which rcquired frcsh adjudication of the matter
after considering the documentary evidence and affording opportunity
to all parties. Instead of undertaking such cxercrse, thc respondent has
simply relied upon earlier proceedings ancl rejccred the claim o[ thc
petitioner, thereby defeating the ver], purpose ol thc rcmand. It is also
submitted that the respondent has failcd to consider thc binding
hndings of this court in c.S.No.7 of 195g and thc subsequcnt orders of
the Hon'ble Division Bcnch, which clearlv establish thc rights ol the
petitioner over the subjcct rands. The learncd cour.rscr u,ould further
submit that the respondent,s order is sclf contradictory and suffcrs
from non-application of mind, inasmuch as it refers to certain
proceedings having attaincd finality, r,r,hilc at the same time ignoring the
fact that those very proceedings r,r,ere reopened and set aside by thc
appellate authority. It is also contended that thc rcspondent has failcd
to consider the proceedings of the Tahsildar darccl 2g.02.2026. rvhich
support the claim of the petitioner and recognizc his rights in thc
subject lands. Thus it is contended that thc concluct of the responclcnt
in passing the order only after issuance oI Form- I notice by this Court
clearly demonstrates that the respondent actcd u nder compulsion and
not in obedience to the orders of this Court. Such conduct amounts to
willful disobedience and undermincs thc autllority of this Court.
Therefore, it is prayed that the respondent may bc punished under the
provisions of thc Contempt of Courts Act, 1971.
7
8. A carclul examination of the record wou < reveal that this
Clourt, i. W.P.No.4744 ot 2025, by order dated 1g.0.t 202S. directed the
r(':ipon(lenr hcrcin/RDO to pass orders in C.O I crs.W/g0/75 and
\,\'192175 strictly in accordance with law, as experlit cusi_v as possiblc,
prelerabh' r'ithi. a period or six (06) weeks from th( irte of receipt of a
copv o[ the orclcr. and to communicate the decisio -
:o the petitioner.
Admittedl]., rhc respondent has not complied witlL he said direction
u'ithin thc sLipr-rlated time. [n the present Contentp Case, this Court
alrle, ordt'rs d:rted I 7 lO.2O2i and 19. l l.2O2S isr; r:d .otice to Lhe
r('sponclc.t:L.il lht.rcafter, the matter ,"l,as adjour.,.,r se'eral times for
filing countcr. On 30.01.2026, this Court obsc
-
ing that despite
grirDtine sullcient time the respondent has not fll( ( counter affidavit
and that thc a itude of respondent is lethargic in cr r rplying the orders
ol'this ColLrt, issuccl notice in Form_l to the respor)(l nt ancl acljourned
rlrc case to 27.02.,2026. In pursuance of the order.; Cated 30.0I.2026
onlr. [hc rcsl)or]dent has filccl counter affidavit on 2( . )2.2026 enclosing
rlrt, c.p' ol orrit,r datcd 24.02.2026 in proccedings
N, t,RW/2 23g, 2239,
9. Tlrc relevrrnt paragraphs of the proceedings
No _RW 1223a, 2239,
2-l55/ 20 I7 <lart,d 2q.02.2026 issued by the re spc,r ( ( nr are extracterl
bt'lol:
24..
I 20 17
8
.ORDER
Perused the material on record and also the objcctions hlcd in this
case. During the course of enquiry before this Tribunal severa.l
claims and objections have been filcd, casc u,rse details are
enumerated below. Now the follorving questions have rarscd belore
this Tribunal, all thc questions such raiscd shall be ansrvercd point
wise:
Whether the subject lands werc ever part ol C.S.No.7/ 1958 as
alleged by the petitioner i.e, Nawab Mohd Yousuluddin Khan,
S/o-Late Nawab Wajihuddin Khan?
The Hon'ble High Court vide its orders in Application No.488 of
2Ol2 in Application No.519 of 2009 and Application No.24 ol 2024
in C.S-No.07 of 1958, dated:09-01-2025 have categorically observcd
that onc Smt.Sultana Jahan Begum, D/o. Latc Narvab Moinuddula
Bahadur has hled O.S.No.130/l ol 1953 for partition and separate
possession of thc Matruka Propcrtics specrhcalll, sho*'n in the
Schedules appended to the plaint, on thc file ol thc Cit), Ciril Court,
Hyderabad, which was later translerred to the file ol the I Iigh Court
and numbered as C.S.No.7 ot 1958.
Further the Hon'ble High Court in the same orders har.e also
observed that thc parties to the suit have filed memorandum of
compromise. An application namely Application No.126 ol 1958,
was hled praying to record compromise and to appoint ivl/s.Ra1a
Kishandas and Nawab Salecm Khan as Commisstoners / Rcceivers
with the powers set out in the memorandum of compromise.
Accordingly, a preliminary decrcc u'as passed on 06 04 1959.
Thcreafter, the Commissioners / Reccivers have affected thc
partition ol the lands as per the schemes and filed thcir rcport
dated: 20-12-1965 and afhdavit dated:20 09 1966 ir.r apphcation
No.205 ot 1966.
The Hon'ble High Court went on to enumerate the distribution
statement of the Commissioners / Receivcrs as mentiorlccl above.
Schedule A comprised of 254 items have been mcntioned, thc
subject lands in Sy.Nos.174 to 183 & 154 of Pcdda Shapur Village,
Shamshabad Mandal are never shorvn in this statemcnt b], thc
Hon ble High Court. The pctitioner herein has also submitLed copl'
of the judgment of Hon'ble High Court in Application No.125 of
1982 in C.S.No.O7 of 1958, dated: 16-11-1984. Claiming to bc the
final decree passed by the Honble High Court in respcct of the
subject lands in Sy.Nos.173, 174, 175, 176, 177, l7a, 179, lao,
181, 182, 183, total admeasuring Ac.74.97 Cents situated at Pedda
Shapur Village o[ Shamshabad Mandal, Ranga Reddy District. As
already discussed, supra the Judgment of Hon ble Hi€lh Court in
Application No.488 of 2Ol2 in Application No.519 o[ 20O9 and
Application No.24 of 2024 in C.S.No.O7 ot 1958, dated:O9 01 2025
is binding upon-all, and it s highly unlikcly that the subjcct Iands of
9
Pcdda Shupur Village arc part ol C.S.No.7 of 1958 as
petitione r herein.
As such all the material placed before this T:i ;
pcLitioncr hcrcin appears to be conceited and frauclr .
brought lonrard ior thc purpose of hling this presc I
c laimir-rg title 1n respect o[ thc lands through his far] t
Wa1iucldrr.r [(hatr.r on thc strength ol preliminary dec
tligh Cour t rn Applicatron No.104 of 1960 in C.S_Nc r
arlso undcr alrspLltc as [herc is n<l reference as to the ]
ol latc Iiirliuddrn in Lhe Schedule of Properties a'L
Preliminar dccr<,e rc[erred to above, but in the rt
Application No.335 ol 1962 in C.S.No.O7/ 1958 there
about Pedda Shapur Village in Sy.Nos. 171 to 183
Ac.80-00 qts \,hich is totalll irrelevart and fabricat l
purposc ol filrng present petirion, which is devoid ,r
deserves no consideration. Thrs answers the questicrr
2 /\clron on thc or(lers oi the LRAT_, itt lOl2ol2, dat,
Illccl br \auab Mohd Yousufuddin Khan, S/,r
Wajihuddir.r irhan.)
Since tlrc ordr.rs of Lhe LRT., dated:27-O5- 1!rl ,
r:hallengcrl several rimes in LRA No.2199 /77 , 1
27 | / 1991 &. 277 ,t 1991. dated: t 4 03- 1995 and in ar r
llon ble ll:gh Cour-L in CR.P.No.621/1979 & C.Mp N,.,.
r>l l9'/L) &. CRl,.No.2286l 1995 & 2676/1,996. The
Court l.rirs disrnissed the revision petilion by c..l
common olciel pt.rssed by the LRAT., passed in LRA N )
199.1. ThrLs, the orcier passed by the Land Reforms'
attainecl lln a lir v
rrmecl by the
rnal by the
':rt ald only
case. He is
'
late Nawab
r of Hon'ble
7 of 1958 is
resent lands
ched to the
rort iiled in
.; a reference
0 an extent
one for the
merits and
.o4-o4-20 t7
,atc Nawab
have been
o5-o7 t978,
iLI belore the
149 & 1350
Ion'ble High
i.rrmrng the
)71&277 of
rrbunal have
The LRAT. in irs judgment in lO/2O12 have cattlr
-rca]I_v
stated
lhat.... "'flre tppcllent has
Jited seueral doatments c, Ilotl,ble High
CaLtft ol A l). Detleulutq to lti-s nghfs in the disputed
tr)].)
\,r1A situatbd
rtl P<=clda Sltrtl.trrt tr age. He has not Jiled those d,octt nents before
the louter tribunal. He hlas directlg Jited this apD t I before this
cor.fl es tlrud pafig/ aggrieued Those documents are c lrc examined
ancl dectstott is ro be giuen. The petitioner u.tho t.: claining the
propeny bll ltrtuL' oJ tltc orders and decree of the Hcr, I h: High Court
slloll bL, r1rL.'r,,n oppoftunitA to aduonce his case an.t
.herefore
he
sLtorrl(l bc gl ert oltpotlLtnitlJ to appear before the lotu,:
.
ribunal and
corruas lris crtst, be,Jitre tlrc lou.rcr tibunal olong uitlL 1s (]ocuments.
7'lrr-s corrrl lteirvl ttppelktte autLtoitll agatnst the orde ". of lhe lou.rcr
lributtnl utrcl 1lp c[eun of tlLe appellant LLas not ad,;L,c t.uted by the
Lotuer coutl rutd tlrc appellant dlrectlA approached ttt: cout1 ft is rtt
case to r<,rttartd the tnotter to the louter tribwnl ru t t direction to
cortslr?er i,/r€, .ro.s(, of lhe nppeltant by giuing opptr UnttA to the
appellanl atrcl the otlter part!! and dispose of the same < ,i rrterits. The
trttth or otherwise of the documents Jited bg tt e appealing
cannot be d.ecided by this appellate tribunal o,n, I it is louer
10
tribunal th;lrt has tb tecord the euid'ence oJ ttle oppello'nt'
iiir in" ao."rnent's o;nd decid'e the case afresh for
giuing ang
';;^pii;"
b the properties claimed bg the appellant'
IL is an undeniable fact that the then LRAT
'
in its judgment in
W /aOl75 eW lg2l75, dt:15 07-1994 have held that as per original
fil:;-i"; No H/'8457/65 ol the lhen Rcvenue Divrsional ofltcer'
Cn"r"tt, D"ilision (This is a file whcrein 38 A u'as granlcd o\cr thc
r;;;; lands in favou r oI the Late Protccted TerrzrnI Sri'
B"f,'*..rlrfr) it is clearty mentioned that thc Paltcdar Ratiuddin
died and LRs in title goL mutated the subject land in S-yNo202 Old
,rJ N"* 172 to I83, admeasuring Ac 171-16 gts ofShapur Kalan
Irrlg" i., their favour uv
-
lrre
then
latrlt{ar
mutation
i.Eitaiqzttg65. The Tenani Eshwaraiah entercd into agrcement
.i"-# f.. Rs.10,0OO/- from the LRs of Pattedar Sri Rafeeuddin and
a ccrtificate on stamp paper of Rs 3OO/-
"vas
issued to thc tenarlt'
;.
-";;h
the tenant- have accrucd the rights o[ pateddar'
irU."q"L",fy Eshwaraiah s wife Smt satvamma & son Jai l{ind
filcd declaration before the LRT
'
Further as per Sec 5 o[ the Telangana Tenancy and Agricultural
Lands Act, 1950.. "A person laufullg cultittating any lartd belongittg
li'o).ii"r' p.rton shail be deemid to be a tennnt if such lcrnd is ttot
'Jutnrir"a
personallg bg the tandhotder and iJ such per'sor1 is nol'
Personsd.eernedtobetenants.[ActNo.XXIofl95o]9(a)anembet
of the tandholder's familg"
As such the 38-A issued by then Revetrue- Dir'isional Oflicer has
attained hnality. Hence ihi"'Ttib'nul is of the opinion that thc
:;il; oi tr,e' petitiot'er to deleted the subject lands from thc
holdings of Smt Satyamma & Jai Hind deserves no consideration'
This answers the question '
3. Are the implead petiLroners Mir Mohd AIi Khan' Mir^Jalfar AIi Khat.t
& Smt.Zaheerunnisa
Begum eligible for:rny relref if so' to rvhat
extent?
As seen from the preliminary decree it.t O S No 0g/1966' datcd:
17 -O4-lg7O on the hle ot tne tt'eaat
'
Chict District Judge' Citv Civil
i.".i, iiva.*tai on which Gesc implead petitioners are relving' it
i.;;; ih", I-ate Kulsumunnisa Begum' W/o Jabandar Ali Khan
tras hled the suit ror aecta.aiion that tlhe plarntiff therein is the heir
of late Mir Wazeer Ali khan lfuown as
"A'saJ Yarvaral Mulk" and be
;;;i;; ;" owner o[ the proDertics The said o S No
g of 1966 rvas
,riJiivl;; Hon'ble High Court tn CL cA No Sl / 1s7 r and s,mc
;"";;;."'.; [.t"ed bv the Apex Court in SLP No
-227l
1976 As such
.L^., L-,,a narfccted rf,eir tiile ut d
't''in"d
finaliry' Thcse implcad
#',it"""."'n""" iii"a
""tt"it'
documents in which-.there are no
[:;';;r;;;;ti""
or
ptaJ" Shapur village are mentioned and thc
Civil Court order is for grave yard'covered by an extent Ac 2-00 gts
-
*fti.f, the Archaeolory
Dept
'
was madc party
11
Hcnce thc irnpleacl pctitioncr have only perfected thr:ri :Laim lor an
extcnt Ac./ 26 gts in Sy.No.182 o[ Pedda Shal;Lt Village of
Shamshabacl lvtanclal. The same has also been conJ.r rred by the
then Tahsrldar in fiie No.D/.180l20lL, dated:30 l.- :1013. This
z 'rswers the (llles tior.r
4. Arc [hc Rcspondents Chennirkesha Anjaiah, S/o.C.]4 ttlesh & (5)
Others are clrqiblc ior anv relrei-? Are the Respondents ( I'rennaboina
Krishr.ia Yacltrr. S/o.Late C.S:r1.anna Yadav & Jagan l\1 lran Reddy,
S/o Late R Iilishnii Rcddr, :rrc c,ligible for any reliefl)
C)n pen-rsal ol thc documents submitted it was obsr,r t d that one
Chennakeshzr Sathaiah had pnrchased the lands bear r e Sy.No.176
(6-00), Sy.No 17711 3Ol & 178(10 3l), rotal admeasu lg Ac.21-2i
gts situated .rl Ped.la shapur Village, Shamshabad \li rda1, Ranga
Reddv DisLricr from rccordc:d pattedar Mohd Rafiu J l.n through
unrcgistcrr'd sirlc dccrl abolrt 55 years back and hi namc was
rncorpor.]lrrl llr ti)( pithautrcs lrom 1964 in posses,. cn column.
Subscrluc.ntlr rher hrrrc lllc(l perpctual injunction au I rectification
o[ rccords bclolc the Sr.Civil Judgc, R.1: )istrict ln
O.S.No.35O/2003 ancl the saici suit has been decre: t on 22-04-
2004 Funhc| arrothcr surt for declaraLion of title r I cl perpetual
irrjunction u,ls Iilecl ergainst original pattedar in O.S Il, .1294/2OO4
in respect ol land in S,r..Nos.l77 (L- 23) & 178 13-24), ctal Ac.5-07
gts r.r'hich n;rs also <lccreed ir.r lavour of them on 22 '.1-2OOS. Yet
anothcr surt in O.S No 1-1.12l2004, dared:30-07-200'/ t :s ajso been
decrcccl in thcil lavoLrl ior larrcls in Sy.Nos.177 (l -24) ,t, l7A$-231.
On pcrursal of the documents submitted by Chenn.r I tna Krishna
Yaclar', S/o.Late C.Sarr anna Yarclav & Jagan Mohal Re,l L-\,, S/o. Late
R.Krishna Rcddy it is obserrcd rhat he holds agreeme I cf sale over
the sr.LbjecL lar.rds in S\.nos 182 & 183 admeasuring i,:.15 30 gts
from thc LRs o[ rlrc rrliginirl Partedar Late Rafiuck i r Khan and
requcst to rli.lete tlrc saicl holding lrom the holdir Ly s of Nawalr
Yosulr.rddin Iiha].r. f'Ltrthcr the respondent Jagan t,t han Reddv,
S/o.l-ate R.lilishna Rt cld-\, pr.rlr:hased lands in Sy.N(, I 'ti(6
OO) and
Sy.No I82{5 ()O) tor.J admeasuring Ac_11 00 gts of l, c.da Shapur
Villagc lrorn Su.(l..lai IIind ancl others through Un I.r 3istered sale
deed documcrrt cliltccl:22 07 "1989. Further the then : recial Grade
Deputy Collq:tor & Rcvcnuc Divisional Officer, Ctrt I :lla Division
havc passccl orclcr s U/s. I0(+) of APLR(COAH), , r, 1973 in
CC.No.W/80/75 & \,/92l75, dated:28-07-2008. vherein rhe
Tahsild:rr. Shams].ral:acl Marndal was ordered to
posscssion ol lhc sultject lzrr.rds to an extent A(.
inclutling lands in S-r,.No.176 ({r 0O), Sy.No.17714 3C\
total adme,arsurrng Ac.2 1-2 I gts situated at pedda
s
Subsequentl., rhe Tahsildar ita\e taken over the poss,
Iands and rssued FORM X in hle No.Bl492l2OOa,
2009. Hencc attainecl finalitv. This order of the LIt'
been challcnqr:d rill ditre.
: il ovcr the
I r'l 6.1 Cents
r 178(10-31),
r q;ur Village.
s ;.on o[ these
c rted: 13-O7-
' have never
12
5
Now taking into consideration the request oi these persons to
delete lhe lana in Sy.no.t76 (6 OO), Sy.No.177(4-30) & 17e(1O 31),
tota-l admeasuring Ac.2l-21 gts situated at Pedda shapur Village,
Shamshabad Manda.l from the holdings of Smt.Satyamma & Jai
Hind is aJfected by thc Sec.17 (1) of the Telangana Land Reforms
(Ceiling on Agricultural Holdings) Act, 1973, the sale execuLed after
the notilred date i.e., 24 Ot-1971is null ar.rd void. Even though thc
petitioner claims lo hled several suits for dcclaration oI titlc and
injunction, all these Civil cases were against the original declarants'
the Au'.horized Olficer, Land Reforms, Ranga Reddy District nor the
Land Reforms Tribunal Cum Revenue Divisional Olficcr were ncver
made party to these suits hence any ordcrs passed behind the back
of offiiial icspondents in these have no bearing over this Tribunal'
Hence the claims of these respondents are hereby rejected'
Whether the claims put forth by LRs ie, G Prcm Chand, S/o late
Eshwararah of original declarants descrves an)' consideration?
The claims and objections ot the original declarants and thcir LRs
were alrcady discussed and assailed by the LRAT , & Hon'ble High
Court on several occasions. The contention of the declarant i e , that
her elder daughter is also eligible for allotment of tand, lhe
declarant i.e, Smt.Sathyamma has already put forth the similar
contention betore the LRAT., and same as discusscd by the LRAT at
para No.2 in its order dated:15-07 1994. The declarant have
contenrled that her husband has died during thc year 1966 and
therelore the rights that arise by virtue of thc provisions o[ the
Hindu Succession Act, in favour of his sons and the widow are to be
ascertained, the LRAT., in its above order have already taken into
consideration the contention of the declaralt ar-rd decided that the
as per the provisions of the Hindu Succession Act, i956 the entire
holiings oi lot" S.i.G. Eashwaraiah is dividable cqualll' among his
.o.,"
^",-ld
the deceasecl, the share that would fell to the deccased
will have Lo be again divided equalty among the wtdow, and the sons
& daughters of ihe deceased Accordingly, the LRAT , has already
consid;red the LRs of the deceased i.e , (0a) sons (02) daughters
and (0 i) widow and only after concluded thcm to be holding excess
land ol 2.7734 SH., which has attained finality then As such this
tribunal dccides that Lhe present ctaims / objcctions fi1ed by
3.Prem Chand, S,/o.late Eshwararah deserves no consideration'
Hence Rejected.
ln view of the above the a-ll the questions such raised before this
Tribunal have been answered. The fotlou'ing subject lands to an
cxtent 2.774 SH., which were already have been declared surplus
by the Land Rcforms Tribunal in C.C No W/80/75 & W 192175'
S;lected and taken over possession by the Tahsildar attained
finatlty in the year 2O09 and these orders of the Land Reforms
Tribuna-I desen'es no amendment. The Tahsildar, Shamshabad
il";;;i i" hereby directed to protect the subject Government lands
13
lrom encroachment and initiate steps to include the s;l-redule suit
properties in Prohibitory Iist of 22-A.
Sy.Nos Wet/ D ':
I53
154
i 55
i57
159
Dnr
Dry'
Dr'.
Dr.
Dr,
Dr'.
Chon dergucla
Village,
Shamshabad
Mrndal
PecLcl.r Shapur
Villagc,
Sham shaltacl
N4a nda l
l
1
I
t62
160
L 58
174
175
176
178
r83
ta2
Dr,,.
Drl
16.70
6.08Drt'
Total
Drr
Dr,'
Drl
Drt
Dr.
Dr',
154
Dr',
D.l
Totai
G.Tot l
10. A perusal of thc aloresaid proceedings dated 2z.r-)2.2t026 would
disclose that the rcspondent has not undertaken the e < :rcise mandated
under the remand order passcd in L.R.A.No.lO of 2rl I l. The appellate
authority had spccilically dirccted fresh adjudicatirtn .rpor
affording
t77
Mandal/Vi[age
r56
Extent
Ac.Cents
I 1.03
10.70
5.3 8
t2.13
6.30
7. l5
7 .20
42.67
7.73
1i.54
9.9 t
4.63
10.70
10.33
10.68
9.45
7 4.97
t57.64
1_4
opportunity lo all parties and on due consideration of the documentary
evidence placed on rccord. Hou,ever, the order passed by the respondent
reveals that he has subslantially relied upon earlier proceedir-rgs, u,hich
had already been set asidc and proceeded to rccord flndings as though
such proceedings had attained finality. Such an approach is clcarll-
impermissible and contrarv lo the very scope ol remand. The order does
not reflect any meaningful consideration of the documentary cvidcnce
placcd by the petitioner nor does it disclosC independent application of
mind to the issues involved. On thc contrary, the llndings recorded are
based on erroneous assumptions and misrcading of binding judicial
pronouncements. The respondent has also failed to appreciate the legal
effcct of the orders passed by this Court in W.P.No.6240 of 1978,
whercby the claim ol protecled tenancy in favour of Eshu,araiah was set
aside, thereby renderir-rg any subsequent transactions or claims flou'ing
therelrom unsustainable . Further, the material on record, including the
procecdings in C.S.No.7 of 1958 and Lhc reports o[ the Receiver-cum-
Commissioner, clearly indicate that the subject lands formed part of the
estate allotted to t-he petitioner's predecessor. The respondent, hou'ever,
has brushed aside such material without assigning valid reasons and
has arrived at conclusions rvhich are not only inconsistent but also
contrary to the record. Thus, the proceedings suffer from patent
illegality, non-application of mind and disregard to binding dircctions.
15
I 1 . F rom thc above, it is cvident that the resl rr nderrt, though
fllnctioning as a quasi-judicial authority, has failed to i ( t in accordance
with larv and has not givelt due effect ro the t LtrdirLg juclicial
pronouncemenls as \.ell irs tl.rc directions issued r) th€ appellate
authoritr'. The rcasorring i,issigncd in the impugncd ltrr ceerlrngs is not
onh' inconsistent but also sclf,contradictory, inr rreuch as the
respondent simultaneoush, relies upon earlier procr:t r ings as having
attai.(id finalitr,. ,.,,'hilc ignori.g the fact that thc ver1, si 1te
1:rocecdings
lr.crc reopened arrrl sct asiclc in L.lt.A.No. l0 ol 2O12. Srr tt contradictory
reasoning renders thc decision unsustainable in thc
,rre
of law. The
respondent is expectcd to adl r-rd icate thc matter ,t I :sh within the
parameters of thc rettand ordcr, but instead has adop, :d an approach
ri hich defeats th(, \,el-J purpose oI remand.
).2. It is brought to the notice of this Court that in p trsuance of the
directions issucd in thc ordcr d.rtcd 2l.Ot.2O2S in W.F,. I,r. l55O of 2025
and in thc ordcr dz ed 27.O2.2026 in C_C_No.3l ,,( ot 2025. the
Tahsildar, Shamshaberd has isstrcd proceedings vidr lo.l3l223l2O2S
dated 28.02.202(r. u,h<'rein it u.as ordered as follou,s:
"ln vieu of rrr discussron Supra the r,r,rit petitioners ir: th,r l€gal
l.teirs o[ Lzrtc Mohammcd Wajhr Uddin khan who v.:.; dcfendalt
No.9 in C.S 7 ol 1958 which u,as closed on 9th J:rnuzLr, i025 by the
Hon ble High Lourt rvhe reby items to 229 of Schedul_, 1 was held to
be free from any encumbrances and there was lr irection for
passing final decrce interms of the preliminan. e:crer:. And
defendant No.9 was allottecl Sy.Nos. tzi to ig3 ;l I eddershapur
Village, Shamshabad Manclal as per the report of th:, r
,r:eivt,r
dt:7
12-1964 r,ick: Application No.335/ 1962 and as pcr i r: allotment
letter dt;31 l2 196S and also under Apptication I c .12:rlif.a2
16
dt:16-1 1-1984 a palchanama conducted by Receiver_Cum
commissioner ard constructive possessiotl u,as given under a cover
of Pal-rchanama with Sketch Map and Dcmarcitions and specific
boundaries.
f!-e tala surrendcred by Late G.Eshrvaraiah of the land belonging
to Third parties has no relevance and cannot be binding on the real
owners of thc propertics u-rthout $,hose krrorvledge the proceedings
underwent. As per the orders passcd in L.R.A.1O;f 2Ol2 Dt:O4 04-
2OI7 rn rcspect of Sy.Nos. 174, l7S, 176, I7A, lg2 & 183, rhe
surrender procecdings were ser aside, And further the remarning
land was not Ceiling Surplus but u,as claimcd by somc Third peirlics
as mentioned above u.hose claims have b€cn rejected as mentioned
above.
Therefore I am of thc vierv that the writ petitioners names have to
be incorporatcd rn Lhe Revenue Rccords (Bhubharati) as being the
9wn9rs
of the land as per thc orders of thc Hon,ble High Couit in
C.S.7/ 1958 vidc Applicarion No. 125/ 1982 dt: I6- 11_ 1984 which
arc the final decree proceedings containing the schedulc of
properties along with the S-v Nos and Boundaries mentioncd as
schedule A2R and also as per the final orclers passed on Dt:Og_01
2025 betore the Division Bcnch purring an end ro C.S.O7/ t9S8
Litigation in respect of Item No. From 1 to 229 of the suit schedule.
These properties \!-ere part ol ltem No.4 of schedule
,,A',
of the suit
schedule in C.S.07/ 19.58 and thercby thc said order is required to
be implemented as per the dircctions of rhe I{on ble High Court.
AII the third party claims through Late G.trshwaraiah ald his legal
heirs (Sathyamma and Jaihind) and various other persons claiming
through them o[ purchase on the basis of protected
Tenancy of Late
G.Eshwaraiah is found to be untenable as there are no protected
Tenants in respect of Sy.Nos.l72 to 183 of pcddashapur
Villagc,
Shamshabad Mandal at any point ol time and even if thcre are any
transactions thcy are hit by Sec-52 ol the Tra_nsfer of
property
Act
1882, and they become null and void as per Lau,. This order is being
made by this authority kecping in view of the directions ol the
Hon'ble High Court enunciatrng [hc rights ol the parties in various
proceedings and also keeping in ,,,!eu o[ thc legal principle this order
is passed to meet the ends ot.justice.
I[ any party is aggrier.ed b1. this ordcr they arc entltlcd to seek
appropriate relief/ remedy in accordancc with law available to them
within the staturory period,
Necessary entries are made as per Bhubharati ROR Act 2O2S in
accordarce with the Law."
t
L7
13. It is pertinent to note that the Tahsildar, Sh: nshabad, in his
proceedings datcrt 28.02.2026, has categorically recc,gr i.zcd the rights of
lhc pctitroncr o('r thc subject lands, in terms o[ [hr ,r.clcrs passed by
this Court in C.S.No.07 ol 1958 vide Apptication No
,.j
ol 19g2 dated
16.II.198.1. and has conscquently directed inrr r;oration of the
pe[itioner's name in thc rcvenue rccords [Bhu Bhar: il in accordance
\,ith the final dccree proceedings dated O9.01.2025 r
-.S.1,1o.7 of l95g
and subsequent orders of this Court. Honever, tllr :espondent has
trlken a diametr-icalh. oppositc vicu, u,ithout assignrr q an), cogent or
tenable reasons for discarding the said procecdings. j
rch an approach
clearly reflects lr on-applicatior-r of mind and arbitrar.r >:crr.se of quasi-
j udicial power.
14. Articlc 215 of thc Constitution of India statc; r.hat every High
Court shall bc a court o[ record and shall have all th,. 1611,s1s of such a
Court including rhe power to punish for contempt .: itself. The said
I)ou'er ls not onl\-constitutional but also inherent, m(,. tt to ensure that
the authoritv o[ this Court rs upheld and its orclers ir] obo\.ed in both
lcttcr and spirit. Rule 27 of the Contempt of CoL rts llules, lggO
cmpowers this Clourt to pass such orders as the jrt;tice of the case
rcquires. Thus, u hcn a part),, morc particularly a pirlr o authority, fails
to compl;, irh rhc directions of rhis Court in true s ) rit, this Court is
dut1, bound to exercise its jurisdiction to uphold the I I resty of law. The
Hon'blc Suprt'me Court and this Court in several ca , na of judgments
18
held that consideration means it should be in true sprrit applying mind
to the facts of the case. Simple rejection without applying mind does not
amount to compliar-rce of the order. Mere formal or mechanical
compliance, without proper considcration. w.ould ,ot amount Lo
compliance in the eye of law. The Hon,ble Supreme Court in SEBf us.
So,hara Ind.ia ReaI Estate Corpn. Ltd.,t held as follons:
"35. Sufficient opportunities have bcen gi'en to the contemnors to
fully comply with those orders a,rd p.rge thc contcmpt commltted
by them but, rather than availing o[ the same, t]tey have adopted
various dilatory tactics Lo delay the rmplemcntation of the orders of
this Court. The non compliance with the orclers passed by this
Court shakes the very loundation ol our judicial systcm and
undermines the rule of law, rvhich rtc are bound lo honour and
protect. This is essential to maintain lruth and confidence o[ the
people of this country in the 1udiciary,."
15. In the present case, it clearly demonstrates that respondent has
failed to comply with the directions issued by this Court in W.p.No.4744
of 2025 in true letter and spirit. The pur.ported compliance by way ol
proceedings daLed 24.02.2026 cannot be accepted as valid compliance
in the eye of law, as the samc is vitiated by lack of proper application of
mind ald is in clear deviation from the clirections issued by this Court
as well as the remand order of the appellate authority. The conduct of
the respondent in not adhering to the time stipulated by this Court and
in passing the impugned proceedings datcd, 24 .O2.2026 only after
' 1zor+1 s scc azs
19
initiation of contempt proceedings and issuarce of :
unmistakably establishes willful and deliberate d L:
apolog-v tcndered b1' lhe rcspondent does not insprr:
appears to be a mere attempt to avoid the consequr:t'.
Therefore, this Court is of the considered opinion th;i
has commitLed civil conlempt. Accordingly, the resu
guilty for violation of thc order dated 18.02.2025 pass
in W.P.No.4744 of 2025 and he is liable to be punislt
12 of the Contcmpt of Courts Act, 1971.
16. In vieu' of lhe findings recorded above and rr
pou,ers conferred under Article 215 of the Constitu r
Rule 27 of the Contempt of Courts Rules, 1980, tc, r
jusrice and to ensure the majesty of law is uphel,j
No.LRW/2238. 2239, 245512017 dated 24.O2.2O).r>
respondcnt/RDO are hcreby sel aside. Further, har L;
conduct of the respondent and to ensure fai
-
acljudication, the District Collector, Ranga Reddy Dist:
withdrau, the matter from the h1e of the respondcni
same to another competent Revenue Divisional Offi,:l;
Officer shall reconsider the matter afresh and pass a
I
strictly in accordance with the orders of this Court ;r
2O25 and the rcmand order passed in L.R.A.No. 10 I
;tice in Form I,
c,bedience. The
r:onfidence and
cs of contempt"
lhe respondcnt
,ndent is found
'rl by this Court
i under Section
:xcrcise of the
r n ol- India and
r(--et [he ends of
the Proceedings
issr-Leci by the
g regard to lhe
ani impartial
:t, is directed to
rnd cntrusL the
The concerned
propriate orders
'W.P.No.4744
of
20 12, lr,ithin a
20
period of six (06) weeks from the date of receipt ol a copy of the order
ard communicate the decision to the petitioner.
17. In the result, the Contempt Case is allorved sentencing the
respondent/contemnor
to suffer imprisonment lor a period of one (01)
month and to pay a Iine of Rs.2,000/ (Rupces Tr.r,o
.t_housancl
only). In
default of payment of fine, the respondent shalt undergo simple
rmprrsonment for a further period of tu'o (o2) rveeks- Thc petiLior.rer shall
pay subsistence allowance to the responclent, as per Rules, during thi
period of detention of respondent in civil prison u_ithin tu.o (02) r,veeks
from today. The sentence of imprisonment is suspcnded for a period of
two (O2) weeks from today. After expiry of sairl pcriod of tr.r,o (02) u,eeks,
the respondent shall surrender belorc the Re€listrar (.ludicial I), High
Court for the State of Telangana, to undergo sentcnce of imprisonment
as stated supra
Miscelianeous petitions, penrling if an1., shall stand closecl
//TRUE COPY//
SD/- N.SRIHARI
DEPUTY REGISTRAR
SECTION OFFICER
6
To
1 . The District Collector, Ranga Reddy District_
2. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at
Hyderabad. [OUT]
3. One CC to SMT. JYOTHI ESWAR GOGINENI, Advocare IOPUCI
4. Two CD Copies
BA
HIGH COURT
DATED: 1610412026
ORDER
CC.No.1563 of 2025
d
ALLOWING THE CONTEMPT CASE
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