1. Cheruku Gouraiah v. 1. State of Telangana

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 .....RESPONDENTS pleased to issue a Writ of lt4andamus or any other . tr propriate Writ or Writs, Order or Direction, declaring and setting aside the Order lated 181112020 in Casc No. 1/70712017 on the file of the 3rd Respondent, as legal, arbitrary, withou: jurisdiction and contrary to Section 5 of Telangana Ric;l 1; in Lands and Patteda Passbooks Act 197i Award cos1s. l.A.NO:1 OF 2020 Petition Under Section 151 CPC praying that in th : circumstances stated r the affidavit Filed in support of the petition, the High O, urt rr)ay be pleased to suspend the operation of Order daled 181112020 in Cas( No. 1/70712017 on the frle of the 3rd Respondent, pending disposal of writ petiti,) Counsel for the Petitioners : SRI K.RAGHUVEER REDD\ Counsel for the Respondent Nos.1 to 4: GP FOR REVEI UE Counsel for the Respondent No.5 : SRI MOHD SADIQ At The Court made the following ORDER THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.3247 of 2O2O ORDER: This t'rit petition is hled to dcclarc the :rcLion ol' rcspondent No.3 in passing orde r clated. 18. I -2020 in Case Nct.l l707 I 2{.) I 7, as arbitrary, illegal and contrary to Section 5 ol the Telangana Rights in Lands & Pattedar Pass Books Act, 197 1 and [o set asidc Lhe sarrtc.

2. Hcard Sri K.Raghuveer Redd-v, learned counsel for the pctitioners and Iczrrncd Assistant Govcrnment Pleader lor Revcnue appctrring lor respondent Nos.2 to 4.

3. Though Mohd.sadiq Ali, entered appearance for rcspondent No.5 ancl filed counter, there is no reprcsentation on his behalf.

4. Learncd Counsel for the petitioners submitted that peLitioner No. 1 is the ou,ner of land aclmeasuring Ac.1.3O guntas in Sy.No.l53/C3, situatcd at Bhanjipet vi11age, Raghunathpally Mandal, Jangaon District, having purchased the samc vide Sale Deed No.6335 of 2016, daled 26.07.2016 and he has also bcen issued with Pattedar Pass book and 1 B record by respondcnt I 2 No.4; that the respondent No.S purchased l rnd admeasuring r\c.1.30 guntas in Sy.No.l56/A11, siluated rL' lhanjipet Viltagc, l?aghuna t hpallr, Mandzrl, .Iangaon District rom onc Pokala l-ingaiah lhrotrqh Sale I)ced No.837/2017, latr'<i 23.1.2017 While so. u'hen the reslxrndcnl No.5 tried to ntcrlere r,r,ith tl-re I)ossessi()n of the pctitioner No. 1 's propert\', (' l)etitioner No. I lrled suit in ()S.No.57 ol 2017 on thc file of l)r r cip:rl Junior Civil ,ludgc, ,lrrng:ron, secklll!l perpcluurl injunc ion along with IA.No.127 ol' 2t.) 17 for gr-ant of it'rtcrirn injtuu ion and lhc trial Courl grirnte(l interim injunction vid(, order da t 'rl 0(r.03.2017

5. Lcar-nccl counsel ior the pctitioncr [ur-t] , r'strbmittecl that ',r,hile thc rnatter stood thus, respondent No.. i filcd a revision before thc .loir-rt Collcctor, Jangaon, under- lcction 9 of Lhe A.P.Rights in L:rnds & l)rrttcd:ir Pass Rooks .A: l()71 (for short 'the Act, l97l l, seeking to set asidc the Prr r 'clar Pass Books and Title Deed s issued in favour of the petiti( r e. r No. 1 ; that the Joint Collcclor remanderl the matter to resp()n lcnt No.3 to take up the s.rme as an appcal under Scction 5(5) r,l' the Act, 1971 and dispose of the samc. The respondent Nc. i b1' order dated

18.O1.2O2O has allowed the appeal filed by rcsl ondent No.5 and remandecl the matter to respondent No.4 ,,hiclr is primary 3 authority to conduct denovo enquin. as per the Act, 1971 and Rr-r les 1989, within a period o[ trvo months. However, rr,'hile remanding the maLter, respondent No.3 has ordered canccllation o[ cnlries made in lavour o[ petitioner No.l in the revenuc rccords ancl Patted:rr Pzrss Book and Title Deed issucd to thc petitioner No.1. Aggrieved by the said cancellation of entrics made in the revenuc records and issuance of Pattedar Pass Book and Title Deecls of petitroner, prese nL n rit petition is flled.

6. Learnecl Counsel lor the petitioners submitted that s,hilc remanding thc mattcr to the Primary Authority, respondent No.3 ought not to have cancelled the mutation proceedings No.B/3O19/2O16 by which the name of the petitioner No.1 has becn mutatcd in the revenue records and Pattedar Pass Books ancl Title Deeds vvere issued. He furlher submits that his Court vidc interim order datecl 17.O2.2O2O, suspended the impugned order insofar as it relates to the cancellation of Pattedar Pass Book and Tille Deed.

7. Learncd counsel for the petitioners further submitted that respondent No.4 has not yet completed denovo enquirl' or passed a ltnal order and therefore, prayed to make the interim order absolutc and that respondent No.4 be directed to complete 4 the denovo enquirn ancl pass appropriate or I'rs, u,ithin a flxed [ime frame.

8. Countcr has bccn filed on behatf , ) -espr)ncli-tnt No.5 r,l,herein it is r:onLenclcri that petitroner No has c'r-czttcd lalsc clocuments and execlrtcrl registercd sale rl''rl No_6335/2Oltr daied 26.07 .2016; that in fact the vendor o petirioner No.1 is not having title to tl'rc subject land, t]-rerr I r.c, '-hc sale deed executed in ltrvour of pctitioner No. 1 is no1 ., Llid. It is further averred that petitioncr No.1 hlcd suit in ()li lrt.57 ol 2OlT for pcrpctual injunction and the samc is per.rrl rg; ltnd the relieI sought in the suit in OS.No.57 ol 2Ol7 s.ill rr r cornc in the u,ay disposal of the denovo enqr.riry by respondcnt \ t.4. !). Learned Assistanr Government Plr', r : .r for Rcvenue submitted that respond('nl No.4 q,ould conclt ( t dcnovo enquiry in accordance rvith the ciirections issued lrr resl)ondcnt No.3 vide proceedings dated l8.O1.2020 and pass r rpropriate orders if reasonable time is granted. 1O. Considering the aforesaid submiss i, ,ns of learned counsel for the petitioners and leaned Assist rnt Government Pleader for Revenue and also averments maC : in the counter filed on behalf of respondent No.S, the urit petition is 5 disposed of with a direction to respondent No.4 to conduct denovo enquiry and pass appropriate orders, strictly in accordance with law by duly giving notice and affording opportunity of hearing to the petitioners as well as respondent No.S and all affected parties. Respondent No.4 shall complete the entire exercise, within a period of four months from the date of receipt of a copy of this order. Interim order dated tZ -L2-2O2O granted by this Court shall continue till the date of passing of order by respondent No.4." As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. SDIB. REKHA RANI ASSISTANT REGISTRAR Note: That the survey number read as 153/C3" and the paragraph No.10, of the order dated 20-11-2025 in W.P No.3247 ot 2020 are deleted and substituted as No.156/C3" as per the orders of Hon'ble Court dated 23'12'2025 in l.A.No.2 of 2O25. This amended order shall be substituted the earlier order which has already been dispatched on 17 -12'2025. SD/-B.REKHA RANI ASSISTANT REG TRAR //TRUE COPY// SECTIO OFFICER

2. 3. 4. E

6. 7. The Principal Secretary to Government, Revenue Department at Secretariat, State of Telangana at Hyderabad. The District Collector, Jangaon District at Jangaon. The Revenue Divisional Officer, Jangaon. The Tahsildar, Raghunathpally Mandal, Jangaon District. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] Ohe CC to SRI K.RAGHUVEER REDDY, Advocate [OPUC] one CC to SRI MOHD SADIQ ALI, Advocate (OPUC) Two CD Copies To SA LS l HIGH COURT DATED:2011112025 2311212025 ,.. - :=--==\ ,::", ':ESIArF ::.- "a.\ I lt l i!:, I AMENDED ORDER WP.No.3247 of 2020 )t \: DISPOSING OF THE W.P WITHOUT COSTS. 1\ v .),