1. J. Ravinder Rao and another v. 1. The State of Telangana and 6 others
Case Details
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 appropriate writ, order or direction more particularly one in the nature of writ of mandamus directing the respondents 2 to 4 not to issue new 7 . :.. -,. .i pattedar passbooks and not to enter their names in the Dtarni portrrl website until disposal of the civil t;uits between petitioners and unofficial resl)ondents S to 7 which are pen,iirg >e:fore the civil courts by implementing the cr(ler passed by special tribunal dater j 05-02-2021. lA NO: 1 OF 2022 Petition unrlerr {iection 151 cpc praying that in the circLrms.arces stated in the affidavit fik:d in support of the petition, the High court may tre pleased to directing the responrlernts 2 to 4 not to issue new pattedar passb.cks and not to enter their nam:s in tlre Dharni portal website until disposal of the srits which are pending before thr: r; v I courts, pending disposal of Writ petitiorr. lA NO: 2 OF 2022 Between: '1 J. Devenrle, Fl;tc,, S/o. Choka Rao, aged about 65 years. Ocr;. Retired E mployee r 2 J. Rama llao [ii: .J Devender Rao, aged 35 years, Occ. .Agrir:ulture. 3 J. Pradeep fiarr,, S/o. Devender Rao, Aged about 32 years Oc;. private Employee, (Responclents;5 to 7 are Rl/o. parvathagiri Village and Marrdal, V/arangal District) ...Vacate Petitioners/Responclents No.5 to 7 AND 1 2 J. Ravindr:r Ria: and another, Sio. Chokka Rao, Aged about ,j0 years, Occ. Agricultunr, r1/,: l)arvathagiri Village and Mandal, Warangal Dis;trict.) J. Rajesh K rnr t', S/o. J. Ravinder Rao, Aged aboul 34 yea.s Occ. police constable (flot r are Ri/o. parvathagiri Vilrage and Mandal, war arrgar District.) ... petitioners /R espondents 3 The State rf Te a-rgana and 6 others, Rep. By its principal t;ecr,:lary, Revenue [)eDar nlent, Secretariat, Hyderabad . 4 The District C)oll:rlor, Warangal District. 5 The Rever ue, D visional Officer, Warangal District 6 The Thasilrja-, F a i-vathagiri ltIandal, Warangal District. ...Respondents/ResPondents Petition under section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cou( may be pleased to dismiss the vacate the interim order granted in w.P.No.1 61 8 of 2022, daled 171O112022 in the interest of justice. Counsel for the Petitioners: SRI J.P.SRIKANTH Counsel for the Respondents No. 1 to 4: GP FOR REVENUE (TG) Counsel for the Respondents No. 5 to 7: SRI K.V.BHANU PRASAD The Court made the following: ORDER 7 HON,FLE SRI JUSTICE C.V.BHASKAR RIDDf,)I, OIi'RIT PETITION No.1618 of2022 ORDER: This \\,ri1 l)etition, under Article 226 of tl.r e C,rns ir.ution of India, is fi er1 rs:r:l<ing the following relief: "..-.lo i-s sr-r< an appropiate ui| order or drrec,ictq nore par7icularl11 ':,te in the nature of urit of mandamtts di-ec'ti rc, the respot7,7e"Ll Vo-s.2 to 4 not to issue neru pattedar passttooks and not to (t1l?r th?ir ndmes in the Dhanti portal website_ untll di..;;.osttl of the r: ii ;1tits betueen petitioners and unofficial responCent Nos.5 ro 7 uthich are pendinq before the c uil ::our; s by implernt:ntirL,1 tlrc order passed by special tnltutoi d_zted. 05.02.:10.:)t. . "
2. Considerccl the submisSions of the learned cor- nsel for the respec--ile l).rties and perused the record.
3. it is st;l1.ecL that. the petitioner has filed an appei Ll under Section 5-B ol ll-re Telalgana Rights in Lancl arLd l)zLttadar Passbooks Act. 197 l, before the Revenue Dir-ision:rl Officer, Waralgal, ar1a; io\red by the issualce of patta dar pa s:;books and title dt:er1,.; irr respect of land admeasuring Ar:. I 09 launtas in Sy.No.l')3/.A, Ac.O.2B guntas in Sy.No.193/B and Ac. 1.OO guntas in Si1,' Nr .)O4 / l /1, in favour of respondeni llo 6, and in respect of larLcl r,lmeasuring Ac. i-03 guntas in Sy.lIo.304/ 1/ 1 .--1 r 2 in favour of respondent No.7, and pending adjudication of the { said case, the Government has repealed the Telangana Rights in Larrd and Pattadar Pass Books Act, 197 | (for short the Act' 1971') and enacted new Act called as "the Telangana Rights in Land and Pattadar Pass Books Act, 2O2O" (for short Act' 2O2O'l and all the cases pending before the revenlle authorities under the Act, 197 I were transferred to the Special Tribunal' and the Special Tribunal vide order dated 05'02'2021 disposed of the said appeal relegating the appellant therein to approach Civil Court by filing a suit, in view of the serious disputes with regard to identification and extents of the subject lands'
4.ItissettledlawthattheTribunalisnotthecompetent authority to decide the disputes relating to title' extent' nature anditsclassificationofthelandswhileentertainingthe applications for updating the revenue records or for mutation of the names in the revenue records' The revenue authorities are conferred with the power to amend the records basing on the documents relied upon by the parties' It is evident from the material placed on record that there are serious disputes arnong the family members with regard to relating to title' extent,natureanditsclassificationofthesubjectlands, I i I I J therefore tht:I',: rs no illegality or legal infirmities rvar-ranting interference cf tlte orders passed by the TriburLal. Th : issues raised in thisr u,rt petition can be appropriately addresr.re d by a Civil Cour', in a properly instituted civil suit, based on the evidence a<ldr-r,::rl by the parties.
5. In vir:w' o - the above, this Court is of the o:i:-ri,t -r that ends of ju strcr: ,vould be met if the parties are rele5:ated to approach .-h: :ompetent Civil Court and ser:k. rrpp .c priate relief, in accordilltce with law.
6. With trr: above observations this Writ peti,:i:n is disposed of. llo : -der as to costs As a rierlu,:l, the miscellaneous petitions pelding, if any, shall stand cl os,rcl //TRUE COPY' ,} St)/,,V. KAVITHA DEPUTT REGISTRAR SEC'I'ION OFFICER j To,
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7. Principal S;eordary, Revenue Department, Secretariat, Hycerat:ad, The State of Telangzrna etnc 6 others. The Distrir;t ()ol ector, Warangal District. The Reve ru: i ir,'isional Officer, Warangal District The Thasildar, l)arvathagiri Mandal, Warangal District. One CC kr SRI J P.SRIKANTH Advocate [OPUCI Two CCs :o GF t:OR REVENUE (TG), High Court for the State of Telangana. One CC to SFLl K.V.BHANU PRASAD Advocate toPUCl
8. Two CD C;ofriers (A- .}*--..''.>*** BGS rtt{t"-:&!r"F.!"ai*,:?< t HIGH COTJR]' DATED: 0210412025 -\ I ORDER WP.No.1618 c,f 2022 .: '-- u, 1nt( iULJ S ,/ DISPOSING OF THE WRIT PETITION WITHOUT CO:STS il r-\ ..\ -'- 1\' c