The High Court · 2025

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 writ or order or direction more particularly one in the nature of writ of Mandamus declaring the order of the 3rd Respondent in Proc.No-82/786/20.19, dt.281}512019 converting the Petitioners agriculture land into non-agriculture land at the behest of the 5th Respondent, inspite of the entries in-the Revenue records reflecting the name of the Petitioners father as highly illegal, arbitrary, capricious without notice and opp r natural justice and hence to set aside the same an Consequential Order dt.17110/2019 in Proc.No.Dl/2' Respondent refusing to mutate the names of the Petitior Passbook and Title Deed, because of the order of con\,( agriculture land as highly illegal, arbitrary, capricious riti procedure contemplated under law and direct the 4tr Pattadar Passbook and Title Deed by mutating the narr Revenue records and hence to set aside the same as I sed to the principles of I also to declare the 7712019 of the 2nd :rs and issue Pattadar rsion of land into non- hout following the due Respondent to issue rs of the Petitioners in herwise, the Petitioner would suffer irreparable loss and injury. lA NO: 1 OF 2021 Petition under Section '151 CPC praying that in the ;ircumstances stated in the affidavit filed in support of the petition, the High Cc.rrt may be pleased to suspend the operation of the order dI.28lO5l2O19 in F r ;c. No,B2l786/2019, as otherwise the Petitioner would suffer irreparable loss and i r1ury. Counsel for the Petitioners : SRI SUBRAHMANYAM KUll :LLA Counsel for the Respondents No 1 To 4: GP FOR REVEI\ JE Counsel for the Respondent No 5: SRI P MEHAR SRINI/ CSA RAO The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.1269 of 2O2L ORDER: This writ petition is frled with the following prayer: srd Respondent in

1..issue urit or ord.er or direction more particularlg one in the nature of writ of Mandannus declaring the order of Proc.No.B2/786/2O19, dt-28/O5/2O79 conoerting the Petitioners agriculture Iand into non-agriculture land at the behest of the Sth Respondent inspite o.f the entries in the Reuenue records refTecting tlrc name of tlrc Petitioners father as highlg illegal arbitrary caprictous ,ttithout notice dnd opposed to the principles oJ natural justice and hence to set aside the so.tne and also to declare the Consequentiql Order dt.77/7O/2O79 in Proc.No.DT/2777/2019 of the 2nd Respond.ent refusing to ,nutate the fta:rl,es of the Petitioners ond. issue Pattadar Porssbook and Title Deed because of the order of conuersion of land into non' agriculture la.nd a.s highlg illegal arbitrory ca.pricious without follouing the due procedure contemPlated under law and direct the 4th Respondent to issue Pattd.dar Passbook and Title Deed bg mutoting the nannes oJ the Petitioners in Reuenue records and hence to set qside the srrlrle cs otherwise the Petitioner rpould suffer irrepara.ble loss o.nd. injury"

2. Heard learned counsel for the petitioners, learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos. 1 to 4 and learned counsel for un-oflicial respondent No.5.

3. lrarned counsel for the petitioner contends that the District Collector by endorsement dated L7.lO.2Ol9, rejected the 2 petitioner's request for succession a,d issu: nce of pattadar passbooks in respect of land in Survey No.. 7, admeasuring Ac.5-08 guntas, situated at pudur Village, Me,l rhal Mandal, on the ground that mutations were granted basr d on fabricated documents and that the land was a_lready corr rerted into non_ agricultural land. The said endorsement is a nr,: r_speaking order passd without proper enquiry, thereby allecting _. re constitutional rights of the petitioners under Article 3oo-A of trL : constitution of India' It is further srrbmitted that the conversio:-r order issued by respondent No.3 uide proceedings No.B2/Zt6/2OIg, dated 28.O5.2OL9, is illegal, sincc no notice was served on the petitioners and principles of natural justice wer.r violatecl. It is further submitted that the petitioners' narnes ,r ere reflected in Dharani Portal until 20 1g, ancl relevant records were submitted in land records verirrcation progra.mes. It is frr .ther submitted that a civil suit O.S.No.2SS ot 2019, hled by the petitioners seeking declaration of title, pending adjudit: rtion, similarly O.S.No.74 of 2O1O filed by respondent No.5 is also pending. Despite pendency of suits, officiar respondents har e mecha,icalry proceeded without following due process of lau,, arld prayed to allow the writ petition. IS

4. l,earned counsel for respondent No.S submits that the dispute in this writ petition squarely falls within the scope of the civil suits pending before the competent Civil Court. Unless those suits are adjudicated, the ofhcial respondents cannot take t t action. He relies on Section 8(2) of the ROR Act and prays for \ dismissal of the writ petition

5. Learned Assistant Government Pleader for Revenue submits that the disputes regarding ownership are already pending before the Civil Court. The respondcnt No.4 uide proceedings No.B/197412019, dated 20.09.2019, after verihcation, found that the name of the petitioner's father was not in the revenue records and recorded the name of Ring Road Housing Private Limited (respondent No.5). Instead of availing appellate remedies against tl.e said proceedings, the petitioners hled a representation to the District Collector, and thereafter the present writ petition. Hence, the writ petition is misconceived and liabte to be dismissed.

6. Having considered the submission, and in view of the fact ttrat the parties have already instituted civil suits before the competent Civil Court concerning the very sarne subject property, this Court is of the opinion that adjudication of disputed questions of fact and title is beyond the scope of writjqrisdiction. i I 4 7 Accordingly, without expressing any opinl, rn on the merits, this writ petition is dismissed. No order as to co;ts. As a sequel thereto, miscellaneous ap1: ications, if any pending, in this writ petition, shal stand closed (1 o //TRUE COPY// SD/- IVI.JAWAHAR REDDY ASI ISTANT REGISTRAR (,'' SECTION OFFICER To, One CC to SRI SUBRAHMANYAM KURELLAAdvocat : [OpUC] Two CCs to GP FOR REVENUE , High Court for the S;t rte of Tetangana at Hyderabad. [OUTI One CC to SRI P MEHAR SRINIVASA RAO Advocatr: ,OpUCl T, rnc CD Copies 2 3 4 GD.N PSK HIGH COURT DATED:2210912025 ORDER WP.No.1269 of 2021 zK' I <) ? I iA}l 2u$ a\ 't .) t O,-. ;r',.'-l;',' --;.---' DISMISSING THE WRIT PETITION WTHOUT COSTS I