✦ High Court of India · 21 Jan 2025

1 Nawah lVohd. Yousufuddin Khan v. 1. The State of Telangana'

Case Details High Court of India · 21 Jan 2025
Court
High Court of India
Decided
21 Jan 2025
Bench
Not available
Length
1,535 words

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 specially one in the nature of Writ of Mandamus declaring the action of the Respondents' respondents No. 2 to 4 not mutating the petitioners name in the revenue records and not issue pattadhar pass books pertaining to the land in Sy. No. 172 (Ac. 16' I I '19 guntas), Sy No. 173 (Ac. 1 1-1 1 guntas), Sy.No. 174 (Ac.5-38 guntas), Sy.No.175 (Ac.2-22 guntas), Sy.No.176, (Ac.9-00), Sy.No.177 (Ac.5-00), Sy.No. 179 (Ac.19-121 guntas), Sy.No.180, (Ac.7-00) and Sy.No. 182 (Ac.7-26 guntas) total admeasuring about Ac. 94.28 Guntas. situated at Peddashapur Village, Shamshabad Mandal, R. R. District, inspite of the report given by the 4th respondent is illegal, arbitrary, unjust violation of the provisions of the ROR Act and consequently direct the respondents to mutate the petitioners name in the revenue records and not issue the pattadhar pass books pertaining to the land in Sy. No 172 (Ac. 16-19 guntas), Sy.No. 173 (Ac. 1'l-1'l guntas), Sy.No. 174 (Ac.5-38 guntas), Sy.No.175 (Ac.2-22 guntas), Sy.No.176, (Ac.9-00), Sy.No.177 (Ac.5-00), Sy.No. 179 (Ac.19-121 guntas), Sy.No.180, (Ac.7-00) and Sy.No. '182 (Ac.7 -26 guntas) total admeasuring about Ac. 94.28 Guntas situated at Peddashapur Village, Shamshabad Mandal, R.R. District. IANO:1 OF 2025 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 respondents No 2 to 4 to consider of the petitioners representation to mutate and issue pattadar pass books on their name in Sy.No- Sy.No. 172 (Ac. 16-'19 guntas), Sy.No. 173 (Ac. 11-11 guntas), Sy.No. 174 (Ac.5-38 guntas), Sy.No.175 (Ac.2-22 guntas), Sy.No.176, (Ac.9-00), Sy.No.177 (Ac.5-00), Sy.No. 179 (Ac.1g-12'l guntas), Sy.No.180, (Ac.7-00) and Sy.No. 182 (Ac.7-26 guntas) total admeasuring about Ac 94.28 Guntas situated at Peddashapur Village, Shamshabad Mandal, R.R. District, pending disposal of the above writ petition. IA NO: 2 OF 2025 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 pteased to direct the 4th respondent not to entertain any third party sales on the land in Sy.No. 172 (Ac. 16-'19 guntas), Sy.No. 173 (Ac. 11-1 1 guntas), Sy.No. 174 (Ac.5- 38 guntas), Sy.No.175 (4c.2-22 guntas), Sy.No.176, (Ac.9-00), Sy.No.177 (Ac.5- 00), Sy.No. 179 (4c.19-121 guntas), Sy.No.180, (Ac.7-00) and Sy.No. 182 (Ac.7- 26 guntas) total admeasuring about Ac. 94.28 Guntas situated at Peddashapur Village, Shamshabad Mandal, R.R. District pending disposal of the above writ petition. Counsel for the Petitioner: SMT. JYOTHI ESWAR GOGINENI Counsel forthe Respondents: SRI L. RAVINDER, ASST. GP FOR REVENUE The Court made the following: ORDER -7 .// I HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No. 155O of 2O25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is liled seeking the follou'ing relief: "....to issue an appropiate toit, order or direction more speciallg one in the nature of Wit of Mandamus declaing the action of the Respondents respondent Nos.2 to 4 nol mutating the petitioners name in the reuenue records and trot issue pattadar pass books pertoining to the land in Sy.lVo. 172 (Ac.16.19 guntas), Sg.No.173 (Ac.1 1.1 1 Wntas), Sg.No.174 (Ac.5.38 guntas), Sg.No.175 (Ac.2.22 guntos), Sg.No.176 (Ac.9.00 Wntas| Sg.No.177 (Ac.5.0O gantas) 59.No.1.79 (Ac.19.121 guntas), Sg.No.180 (Ac.7.O0 guntas) and Sg.No.182 (Ac.7.26 guntas) totctl admeasuing aboul Ac.94.28 Guntas situated at Peddashapur V[Llage, Shamshabad Mandal, R.R. Distict in spite of the report giuen bg the 4tn respond-ent is illegal, arbitrory, unjust, utolation of the proutsions of the ROR Act and consequentlg direct the respondents to mutate the petitioners name in the reuenue records and lo issze the pattadar pass books pertaining to tLrc land in Sg.No.172 (Ac.16.19 guntas), Sy.No.173 (Ac.11.11 gtntas), Sg.No.174 (Ac.5.38 guntas), Sg.No.175 (Ac.2.22 guntas), Sg.No.176 (Ac.9.OO Wntas), Sg.No.177 (Ac.S.OO guntas) Sg.No. 1 .79 (Ac. 19.12 1 guntas), Sy. No. 180 (Ac.7.OO gtntas) and Sg.No.182 (Ac.7.26 guntas) total admeasuing about Ac.94.28 C,untas situated at Peddashapur Villoge, Sham.shobad Mandal, R.R. Distncr.... "

2. Considered the submissions of Smt. Jyothi Eswar Gogineni, learned counsel for the petitioners and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents. 2

3. It is the case the petitioners that they are owners and possessors of lands admeasuring Ac. 16.19 guntas in Sy.No.l72, Ac.11.11 guntas in Sy.No.173, Ac.5.38 guntas in Sy.No.174, Ac.2.22 guntas in Sy.No.175, Ac.9.00 guntas in Sy.No.176, Ac.5.OO guntas in Sy.No.177, Ac. 19.121 guntas in Sy.No.179, Ac.7.OO guntas in Sy.No.180 and Ac.7.26 guntas in Sy.No.182 in total admeasuring about Ac.94.28 Guntas situated at Peddashapur Village, Shamshabad Mandal, having succeeded the same through partition deed. It is further case of the petitioners that they have submitted an application before respondent No.2-the District Collector, for mutating their names in the revenue records and issuing pattadar passbooks in respect of the subject property and acting on the sarne respondent No.2 has directed respondent No.4-the Tahsildar, to conduct enquiry and pass appropriate orders. The grievance of the petitioners is that even though in pursuance with the directions of respondent No.2, a report vide Lr.No.B /381 l2ol7 dated 13.03.2017 has been submitted by respondent No.4, stating that the subject property is item No.4 of C.S.No.7 of 1958 and it is a patta land; and therefore, beirg+he decree holders in C.S.No.7 of 1958, they are entitled --7 J for issuance of pattadar passbooks in their favour in respect of the subject property, no action has been taken by the respondent authorities for mutating their narnes in the revenue records and for consequential issuance of pattadar passbooks in respect of the subject lands'

4. Learned counsel for the petitioners placed reliance upon theorderdatedo9.01.2025inC.S.No.7ofl958passedbythis Court, wherein the Registry was directed to pass a final decree as per the order dated 13.02'1970 in Application No'228 of i969 in the suit in respect of item Nos' 1 to 229 of schedule A' and Schedules 'B' 'C' 'D' 'E' and 'F' of preliminary decree' It is further submitted that the subject property falls in item No'4 of the suit schedule property, as such, there is no dispute with regard to preliminar5r decree being confirmed by this Court in 'l C.S.No.7 of 1958. In view of the above and since it is stated that a report 5. has been submitted by respondent No'4-the Tatrsildar and as the said report has not been impiemented in view of the pendency of C.S.No.7 of 1958, this Court without going into themeritsofthecase,deemsitappropriatetodisposeofthis ( I wnt petition by directing respondent No.4_the Tahsildar to take appropriate steps on the representation submitted by the petitioners seeking impiementation of report dated i3.03.2017 and pass a reasoned order within a period of eight (g) weeks lrom the date of receipt of a copy of the order and communicate the sarne to the petitioners. pending examination of the representation of the petitioners, the Tahsildar is directed not to entertain any registrations over the subject lands.

6. With the above observations this Writ petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stald closed. //TRUE COPY// . SD/. P. PADMANABHA REDDY ASSI T REGTSTRAR / \ To, E TION OFFICER "oiiiiil U:,:l#:j[ilr.o"""lfl1? Revenue Department, rhe state of reransana, I, H vd e ra b a d , i rn 2. The District C6llector. Rr " !t,lj.l ; 4. The Tahsildar, Shamshe ! e"L qti" sMr- jibifi[t$W,ffit'#frl3ff*itl?$fl5[Reddv 'His; c;r;i6ffi! state of Tetangana. 6. Two ccs to Gp FoR REVENUE, , ;) tHA#:flXi"?t',.:fl jL?#' [" qo cD copies " Dstrct Iil" GJP g HIGH COURT DATED:21 10112025 a ..4 c & a v E cE L.I.J e * 'tl c. iJ t _l ORDER WP.No.1550 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS .J p;ca"

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