The High Court · 2025

'l . Palumaru Lachaiah, Sio Bhoomaiah, age. 68 years, Occ ; Agril. Fl/o Uppermallial village, Gangadhara ltrlandal, Karimnagar District. 2. Palumaru Komuraiah, S/o Bhoomaiah , age. 52 years, Occ; Agril 3. Rachakonda Lingaiah, S/o Pochaiah, age. 71 years, Occ ;Agril 4. Rachakonda Srinivas, S/o Chandraiah, age.51 years, Occ; Agril 5. Thota Lavanya, Wo Rajaiah, age. 46 years, Occ ; Agril 6. Gundaboina Venkatesham @ Venkataiah, S/o Buchaiah Age 42 years, Occ; Agril.

7. Rachakonda Laxmi, Wo Late Lingaiah, age. 60 years, Occ; Agril 8. Rachakonda Ellamma, Wo Late Chandraiah, age.55 years, Occ.Agriculture. All R/o Uppermallial village, Gangadhara Mandal, Karimnagar District

9. The Tahsildar, Gangadhara Mandal, Karimnagar District. 'l0.The Revenue Divisional officer, Gangadhara Mandal, Karimnagar District. 1 1.The Joint Collector, Karimnagar District, Karimnagar. 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 pass order or orders more particularly one in the nature of Writ of .....RESPONDENTS Certiorari declaring the common orders passed by the respcndenl. No.-l 1, ie.' the Joint iollector, Karimnagar on dated.l 3-1 -2020 in revisiorr Petition No. D111O4112019, D1l113Ol201S as illegal, arbitrary and cornmitterl error, by not confirming orders passed by the Respondent No.10 the RDO Karimnagar dated. 1B-2-2O19 in appeal case No. D19512017 and call for the reccrds. |.A.NO:1 OF 2020 Petition Under Section '1 51 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Cou rt may be pleased to direct the Respcndent No.9 Tahsildar, Gangadhara MantJal, The name of the petitioner may be continued as pattadar, owner and possessor of his lands in all the revenue reccrds in Sy.No 188/C, extent Ac.2-11, 188/ll, extent Ac.2-21 gts, 193/A, extent Ac.0-1 7 gts, 1 93/2/8, extent Ac. 1 - 01 gts, 193i 8, extent Ac.3-06 gts, '193/C extent Ac.3- 06 gts, 193/C, extent Ac.0-13 gts, (Tota Ac.9-29 gts) situated at Uppermallial village, Gangadhara lVlandal, Karimnagar [)istrict, by suspending the orders passed by the Joint Collector Respondent No.11 in revision petition No.D1/1041 and1130/2019 dated 13-01-2020 pending disposal of the above writ petition. l.A.NO: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 Cou rt may be pleased to vacate the interim orders passed in W.P.No. 3274 o'f 2020, dated 17 -O2-202O, in the interest of justice. Counsel for the Petitioner: SRI M.VIJAYA KUMAR GOUD Gounsel for the Respondent Nos.1, 2,6,7 & 8 : SRI N.HAFIl PRASAD Counsel for the Respondent Nos.3 & 4 : - Counsel for the Respondent No.5 : SRI T.RAMCHANDRA tlAO Counsel for the Respondent Nos.9 to 11 : G.P FOR REVENUE The Court made the following ORDER THE HON'BLE SRI JUSTICE E.V,VENUGOPAL WRIT PETITION No.3274 OF 2O2O ORDER: This Writ Petition is liied seeking Wit of Certiorari declaring the common orders passed by the respondent No.11 i.e., Joint Collector, Karimnagar on 13.O1.2020 in revision petition No.D1l lo4l l2Ol9;i D1l1 l3O /2O1, AS illegal, arbitrary and committed error, by not confirming orders passed by the 1Oh respondent/RDO, Karimnagar dated 18.02.2019 in appeal case No.D/9512017 and call for records.

2. Learned counsel for the petitioner submits that this Court, vide order dated I7.O2.2O2O, having been convinced of the petitioner's case, granted an order of status quo as on that date, in respect of entries in the revenue records pertaining to the subject land, and further directed that the parties shall not alienate the subject land. He further submits that assailing the order passed by tJ'e i 1th respondent/Joint Collector, Page 2 of6 Karimnagar, the petitioner has hled O.S.Nc,.I23 of 2020 before the Court of the Junior Civil Judge, Vemulawada, wherein the unofhcial respondents have been arr:ayed as defendants, and the said suit is still pending. He submits that, in view of the pendency of l-he civil suit, the cause in the present writ petition does not survive for consideration. He fairiy submits thzr,t, since the interim crrder passed by this Court on L7.O'.2.2O2O is still in force, no relief in that regard has been ,:;ought in the civil court. However, he submits that in the absence of the status quo order granted by this Cou.rt, there is a possibilily of the unoffrcial respondents altering the revenue records, which may adversel5; affect the petitioner. Hence, he seeks liberty for the petitioner to pursue the suit pending before the civil court.

3. Sri N. Hari Prasad, learned counsel r,rppearing for respondents 1, 2, 6, 7, and 8, submits that the 3rd respondent died during the pendency of tht,: pror:eedings ----uw€i''.r{ ,/ Page 3 of6 i before this Court. He further submits that, aggrieved by the order passed by the Joint Collector dated l3.Ol.2O2O, the unoffrcial respondents 1, 2, 6, 7, and 8 have also instituted a civil suit in O.S.No.34 of 2019 on the file of the Junior Civil Judge, Vemulawada. Hence, he seeks liberty to file an application for merging or clubbing both the suits.

4. Sri T. Ramchandra Rao, learned counsel for the 5th respondent, submits that the 5th respondent is a defendant in both the suits referred to above. He further submits that the Sth respondent has also instituted a suit in O.S. No.1O6 of 2016 on the file of the Junior Civil Judge, Vemulawada, against the petitioner herein, wherein the unofficial respondents have been arrayed as defendants. He submits that, since the subject property in all the suits is one and the sarne, a necessary application may be filed for clubbing all the suits. He therefore contends that the cause of action in the r Page 4 of6 present Writ Petition no longer rsurvives for consideration arld seeks its dismissal.

5. LeeLrned Assistant Government Pleader represen-ting learned Government Pleader for Revenue takes no objection.

6. Having heard the iearned counsel for the petitioner, learned <:ounsel for respondents 1, 2, 5, 6 7, and B, and upon perusal of the materia-l placed before this Court, this Court is of the considered opinion that, since the petitioner and the unofficial respondents have availed tl:.e civil remedy by filing r;uits before the competent Civil Courr-, the cause in the present Writ Petition no longer survives for consideration

7. Accordingly, this Writ Petition is dispost:d of, granting liberty to the petitioner and the unoflicial resp,:nderLts to file appropriate applications before the concerned Civil Court for clubbing and joint trial of the suits frled by them, as the subject matter in all the suits pertains to the si,rme property. Page 5 of6 As a seqrrel, miscellaneous petitions, if any, pending, shall stand dismissed. SD/. A.H .S. GOWRI SHANKAR Sisrerur REGISTRAR //TRUE COPY// ( SECTTON OFFICER istrict The Tahsildar, Ganga dhara Mandal, Karimnag al, Karimnagar District. The Revenue Division al Officer, Gangadhara M The Joint Collector, Karimnagar District, Karimnagar Two CC' s to G.P FOR REVEN UE, High Court for the State of Telangana at Hvderabad. (OUT) iil?,"#i.l s'nr'iuvtlRvn KUMAR GoUD' Advoc3le [oPUC] g :ni I mfil"m,'m Als:i:xl?:,:!t'u"r 3ffi 33 Two CD CoPies To 1 2 3 4 5 6 7 B SA PVL HIGH COURT DATED:2010812025 ORDER WP.No.3274 of 2020 -,,i,"(.)\ "<. \.,a.l\ EPAs :I 1E S DISPOSING OF THE W.P WITHOUT COSTS. \\