Gankidi Damoder Reddy v. 1. The State of Telangana

5. The Tahsildar, Khajipet , Hanmakonda District. 6. Sri. Erukula Rajender, S/o. Uppaliah, Age. 56 years, Occ. Business, R/o. H.No. 2-50, Madikonda, (V) Kazipet Mandal , Hanmakonda Distrcit. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, direction particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ declare the inaction of the official respondents No. 3 to 5 who did not considering the legal notice dated 1711012023 by narrating the actual facts regarding the pending appeals vide AS.No.269 of 2022 and AS.No. 296 of 2O22 pending before the Honourable District Judge, Hanumakonda for technical reasons for bifurcation of judicial districts regarding the changing of the revenue records in Sy.no. 1913/B and 1319/A extent of Ac.3.30 gts situated at Madikonda village, Kahizipet mandal, Hanumakonda District whereas proceeding with the application of the unofficial respondent for the bare injunction decree and intended to remove the name of the petitioner is illegal, arbitrary, unconstitutional, contrary to the facts CONSEQUENTLY direct the official respondents No. 2 to 5 not to proceed any changes in the revenue records by removing the name of the petitioner for the subject land in Sy.no. 1913/8 and 1319/4 extent of Ac. 3.30 gts situated at Madikonda village , Kahizipet mandal, Hanumakonda District until decided AS No. 269 of 2022 and AS No. 296 of 2022 on the file of Honourable District Judge, Hanumakonda. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High..Court may be pleased to direct the official respondents No. 2 to 5 not to proceed any changes in the revenue records by removing the name of the petitioner for the subject land in Sy.no. 1913/B & 1319/A extent of Ac. 3.30 gts situated at Madikonda village Kahizipet mantjal, Hanumakonda District until decided AS No. 269 of 2022 and AS No. 296 of 2022 on the file of Honourable District Judge, Hanumakonda pending disposal of the above writpetition. Counselfor the Petitioner: SRl. G.L. NARASIMHA RAO Counselfor the Respondent Nos.1 to 5: GP FOR REVENUE Counselfor the Respondent No.6: The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K. LAKSHMAN ORAL ORDER: Heard Sri G.L.Narasimha Rao, leamed counsel for the petitioner; Mr.L.Ravinder, leamed Assistant Government Pleader for Revenue appearing for respondent Nos.l to 5 and Sri Vadlakonda Ravi Kumar, learned counsel appearing for respondent No.6.

2. A perusal of the record would reveal that respondent No.6 has filed a suit in O.S.No.343 of 2010 on the file of the Principal Senior Civil Judge, Warangal, against the petitioner seeking perpetual injunction in respect of the land admeasuring Ac.3-00 guntas in Sy.No.l9l3lB, situated at Madikonda Village, Hanumakonda Mandal, Warangal District.

3. The petitioner is claiming ownership of the land admeasuring Ac.0-29 gunt'as in Sy.No.l9l}lE; Ac.8-00 guntas in Sy.No.l9l3/B; and Ac.2-30 guntas in Sy.No.l9l4/8, total admeasuring Ac.11-19 guntas, situated at Madikonda Village, Hanumakonda Mandal, Warangal District. In proof of the same, j 2 he has f,rled copies of the latest passbook and title deeds. He has also filed a counter claim in respect of the said land in o-S.No.34-l of 2010. vide judgment dated 01.04.2021, the learned Principal Senior civil Judge, warangal, decreed the said suit and dismissed the counterclaim. Aggrieved by the said judgment, the petitioner filed first appears, vide A.S.Nos. 269 and, 296 of 2022.

4. According to the learned counsel for the petitioner, the said appeals were transferred to two different courts on the ground ofjurisdiction. The petitioner has also filed interlocutory applications in the said appeals, which are currently pending. During the pendency of the appeals and the interlocutory applications, respondent No.6 is trying to mutate his name in the revenue records with the help of respondent Nos.3 to 5. Therefore, the petitioner issued a legal notice dated 17.10.2a23 to responclent No.5 with a request not to entertain any application submitted by respondent No.6 for mutation or issuance of a pattadar passbook in respect of the subject property during the pendency of the aforesaid appeals. Despite receiving and acknowledging the said legal notice, respondent No.5 did 3 not act upon the same. Aggrieved by the said inaction of respondent No.5, the present writ petition is filed.

5. As discussed supra, the aforesaid two appeals and the * + interlocutory applications filed by the petitioner are admittedly pending before the trial Court. During the pendency of these appeals and the inteJlocutory applications, the petitioner cannot issue a legal notice to respondent No.5 and file the present writ petition alleging non-consideration of the said legal notice. The petitioners have to pursue the said interlocutory applications and appeals, upon obtaining appropriate orders, he has to approach respondent Nos.3 to 5, for implementation of such orders.

6. In the light of the aforesaid discussion, the writ petition is disposed of, granting liberty to the petitioner to pursue the interlocutory applications flrled by him in A.S.Nos.269 and 296 of 2022, as well as the appeals themselves, and on obtaining orders, he shall approach respondent Nos.3 to 5 with a request to implement the said orders. On filing such applications, respondent Nos.3 to 5 shall consider and dispose the same in accordance with law. There shall be no order as to costs. I / r' 4 As a sequel, miscellaneous petitions pending, if any, shall t- stand closed Sd/.C.DEEPIKA ASSIS-I'ANT REGISTRAR G SECTION OFFICER //TRUE COPY// To, Hyderabad, Telangana Secretariat, Hyderabad

1. The State of Telangana, Rep by its Principal Secretary (Revenue Department) 2. ine Cniet Corirmissioner Land Administration, Revenue (CCLA)Nampally, 3. Tlie Districi Colleclor, Hanmakonda District, At Hnmakonda. 4. Revenue Divisional Officer, Hanmakonda Division, Hanmakonda District, at 5. The Tahsildar, Khaiipet , Hanrnakonda District. 6. One CC to SRl. G.L. NARASIMHA RAO Advocate [OPUC] 7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. Hnmakonda.

8. Two CD Copies CHR PMK M \ \ HIGH COURT DATED:1110912025 I .l' .S \ ^l'. + ORDER W.P.No.670 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ 1 \T t\