High Court · 2025

Judgment

6. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. The District Collector, Rajanna Sircilla District, Rajanna Sircilla. The Revenue Divisional Officer, Sircilla Division, Rajanna Sircilla District. The Tahsildar, Yellareddypeta Mandal, Rajanna Sircilla District. Mamindla Anjali, W/o. Late M. Ramesh Babu, Aged 40 years, Occ. Housewife, R/o. H.No. 1-75, Venkatapuram, Karimnagar District. Mamindla Prerna, Dio. Late M. Ramesh Babu, Aged 22 years, Occ. Housewife, S/ o. H.No. 1-75, Venkatapuram Karimnagar District. ...RESPONDENTS

Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondents 2 to 4 in not considering the objection dated 1510212024 tiled by the Petitioner as illegal, arbitrary, violative of principles of natural justice and violative of provisions of Telangana Rights in Land and Pattadar Pass Books Act, 2020 and violative of Articles '14 and 300A of the Constitution of lndia. :10F 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 2lo 4 to consider the objection dated 1510212024 made by the Petitioner while dealing with the dharani application no. 230853202 dated 1111212023 filed by Respondents 5 and 6. Coun6el for the Petitioner: SRI T.SURYA SATISH, REP. FOR SRI M.K.NEHAD UR RAHMAN Counsel for the Respondent No"l to 4: SRI HINGOLEKAR RAKESH KUMAR' AGP, REP. FOR SRI K.MURALIDHAR REDDY, GP FOR REVENUE Counsel for the Respondent No.5 & 6: SRt G.ABHIJEETH, REP. FOR SRI SHIVA KUMAR KONNE WRIT PETITION O:7128 OF 2024 Mamindla Thirupathi Babu, S/o. Laxmi Narsaiatl, Aged 37 years, Occ. Aqriculture and' Business, Fl/o. H.No. 'l -76, Venkatapuram Village of Y6llareddypet Mandal of Rajanna Sircilla District ...PETITIONER D 1. The State of Telangana, Rep by its Principal Secretary Revenue Department Secretariat Hyderabad

2. The District Collector, Rajanna Sircilla District Rajanna Sircilla 3. Sri. Anurag Jayanti, The District Collector, Rajanna Sircilla District Rajanna Sircilla

4. The Tahsildar, Yellareddypeta Mandal, Rajanna Sircilla District 5. Sri. Ramchander, The Tahsildar, Yellareddypeta Mandal, Rajanna Sircilla District

6. Mamindla Anjali, Wo. Late M. Ramesh Babu, Aged 40 years, Occ. Housewife, Fy6. H.No. 1-75, Venkatapuram, Karimnagar District 7- Mamindla Prerna, D/o. Late M. Ramesh Babu, Aged 22 years, Occ. Housewife, Rl/o. H.No. 1-75, Venkatapuram Karimnagar District ...RESPONDENTS Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the illegal, high handed, malafide and contemptuous action of Respondent no.3 and 5 as Respondents 2 and 4 in issuing pattedar -passbooksno.T19130080883andT19130081784infavourof6thand7th :Respondents with Khata nos. 1547 and 60903 in violation of the order dated 12.01.2024inW.P.No.1322ot2024andorderdated27.02.2024inW.P'No. 5044 of 2024 apart from being violative of principles of natural justice and violative of provisions of Telangana Rights in Land and Pattadar Pass Books Act, 2020 and violative of Articles 14 and 300A of the constitution of lndia and consequently set aside both the pattedar passbooks no. T19130080883 and T19130081784 issued in favour of 6th and 7th Respondents with Khata nos. 1547 and 60903. N F Petition under section t 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend both the pattedar pass books no. T19130080883 and T19130081784 in favourof6thandTthRespondentswithKhatanos.ls4Tand60903'while directing the 4th Respondent not to entertain any further transaction whatsoever on the basis of these pattedar passbooks no. T19130080883 and T19130081784 with Khata nos. 1547 and 60903. Counsel for the Petitioner: SRI T.SURYA SATISH' REP. FOR SRI M.K.NEHAD UR RAH MAN Counsel for the ResPon dent No.1 to 5: SRI HINGOLEKAR RAKESH KUMAR' AGP, REP. FOR SRI K.MURALIDHAR REDDY, GP FOR REVENUE Counsel for the ResPon dent No.6 & 7: SRI G.ABHIJEETH''REP. FOR SRI SHIVA KUMAR KONNE WRIT PETITION NO: 19263 OF 2024 Between: IVlamindla Narsawa, Wo. Mamindla Laxmi Narsaiah Housewife, Rl/o. Venkatapur Village, Yellareddypet M District , Aged 64 years, Occ. andal, Rajanna Sircilla ...PETITIONER AND

5. The State of Telangana, Revenue Department, Secretariat, Hyderabad. Rep. by its Principal Secretary. The District Collector, Rajanna Sircilla District. The Tahsildar, Yellareddypet Mandal, Rajanna Sircilla District. Mamindla Anjali, W/o. Late M. Ramesh Babu, Agqd 40 years, Occ. Housewife, R/o. H.No. 1-75, Venkatapuram, Karimnagar District. Mamindla Prerna, D/o. Late M. Ramesh Babu, Aged 22 years, Occ. Housewife, R/o. H.No. 1-75, Venkatapuram, Karimnagar District. ...RESPONDENTS 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 a writ, order or direction more particularly one in the nature of writ of mandamus declaring the proceedings no. D1loll2024-BG dated 1710212024 of the 2nd Respondent granting succession in favour of the 4th and Sth Respondents as illegal, arbitrary, vitiated by fraud, obtained on the basis of suppression of the true and correct details, including the family member certificate issued by the 3rd Respondent in F/10312023 dated 2410712023 and violative of Articles 14, 300 of the Constitution of lndia. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the cir,:umstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings no. D1IO7I2O24-BG dated 1710212024 of the 2nd Respondent granting succession in favour of the 4th and Sth Respondents. a

1. Mamindla Anjali, W/o. Late M. Ramesh Babu, Aged.,4-0 years' Occ' ffouiewife, Rl/6. H.uo. 1-75, Venkatapuram, Karimnagar Distnct' - 'i;;;;*ife, 2.MamindlaPrerna,D/o.LateM.RameshBabu,Aged22years'Occ' nyo. rl.ruo. 1-75, Venkatapuram, Karimnagar District' ...PETITIONERS D 1 2 3 4 MamindlaNarsawa,Wo.MamindlaLaxmiNarsaiatr,Aged64years'Occ' Housewife, Fl/o. Venkatapu;'Vili;b; veit'Jiidoipei Manoit, Rajahna Sircilla District The State of Telangana, Revenue Department, Secretariat, Hyderabad' Rep' by its Principal Secretary. The District Collector, Rajanna Sircilla District' The Tahsildar, Yellareddypet Mandal, Rajanna Sircilla District' ...RESPONDENTS 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 vacate the stay passed (lnterim suspension) on 2217 t2O24 in present Writ Petition. Counsel for the Petitioner: SRt T.SURYA SATISH Counsel for the ResPon dent No.l to 3: SRI HINGOLEKAR RAKESH KUMAR' REP. SRI K.MURALIDHAR REDDY' GP FOR REVENUE Counsel for the ResPon dent No.4 & 5: SRI G.ABHIJEETH;'REP. FOR SRI SHIVA KUMAR KONNE The Court made the following: COMMON ORDER 1 ,1 THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION Nos.5O44.7L2a and 19263 of 2O24 ![ ORDER: . Writ petition No.5044 of 2024 is filed by the petitioner under Article 226 of the Constitution of India for the following relief : "...to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 2 to 4 in not considering the objection dated 15.O2.2024 filed by the petitioner as illegal, arbitrary, violative of principles of natural justice and provisions of Telangana Rights in Land and Pattadar Pass Books Act,2O2O and violative of Articles 14 & 300A of the Constitution of India....." Writ petition No.7l28 of 2024 is filed by the petitioner under Article 226 of the Constitution of India for the following relief : "...to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the illegal, high handed, malafide and contemptuous action of respondent Nos.3 & 5 as respondent Nos.2 & 4 in issuing pattedar passbooks No. T19130080883 & T19130081784 in favour of 6th & Zth respondents rvith Khata Nos. 1547 & 60903 in violation of the order dated 12.01.2024 in W.P.No. 1322 of 2024 and order dated 27.O2.2O24 in W.P.No.5044 of 2024 apart from being violative of principles of natural justice and violative of provisions of Telangana Rights in Land and Pattadar pass Books Act, 2020 and violative of Articles 14 & 3OOA of the Constitution of India and consequently set aside both the pattedar passbook Nos. T1913008088:J & T19130081784 issued in favour of 6th & Zth respondents with Khata Nos. 1547 & 60903...." Writ petition No.19263 of 2024 is filed by rhe petitioner under Article 226 of the Constitution of India for the following relief | ^ .. ,i Page 2 of7 "...to issue a writ, order or direction more particularry one in the nature of writ of mandamus deciaring the proceedings No.D 1 /07 /2o24-BG dated rr .02.2024 oi trr. 2nd Respondent granting succession in favour of the +ttr ana Sth Respondents as illegal, arbitrary, vitiated by fraud, obtained on the basis of suppression of the true and correct details, including the family member certificate issued by tle 3.d R;";o.ra.rrt in F/ ro3/2o23 ' dated 24-oz -2023 and violative of e.L"i.s 14, 300 of the Constitution of India.....,, 2- since the parties to all these writ petitions are common and the relief sought for is similar, this court disposes of all these writ petitions by way of the present common order. 3' Heard Sri T.Surya Satish, learned counsel representing Sri MK Nehad UR Rahman, learned counsel for the petitioners in alr these matters, Sri G.Abhijeeth, rearned counsel representing sri shiva Kumar Konne, learned counsel for the unofficial respondents and sri Hingolekar Rakesh Kumar, learned Assistant Government pleader appearing on behalf of Government pleader for Revenue Sri K.Muralidhar Reddy.

4. The learned counsel for the petitioners submits that Mamindla Laxminarsaiah and Mamindla Narsawa, had three children, out of them, their son Ramesh Babu died on or.r2.2org, leaving behind his wife viz.Anjari, daughters M.prerna, Brahmani and Prashamsa. Another son M.Thirupathi Babu, who is the petitioner in wP Nos.5o44 and, zL2g of 2025, instituted o.S.No.2 of 2024 before the I learned I Additional District & Sessions Judge, Sircilla, seeking partition ofjoint family and ancestral properties. (a) Subsequently, it was discovered that legal heirs of late Rarnesh Babu viz.Anjali and Prerna liled w.p.No. 1322 of 2024, falsely representing themselves as the sole Class-l legal heirs of late Ramesh Babu and seeking mutation based on Dharani Application No.23o8532o2 dated LL.12.2023. By order dated t2.oL.2o24, this Court directed the District Collector and Tahsildar to decide the said application after issuing notices to all affected parties. Said Anjali and Prerna, however, suppressed the existence of other legal heirs and procured the order through misrepresentation. (b) Upon learning of this, the petitioners submitted a representation dated 15.O2.2024 to the Tahsildar seeking suspension of mutation proceedings pending o.S.No.2 of 2024. As the Tahsildar expressed inability to act due to this court,s earlier order, said Thirupathi Babu filed w.p.No.5044 of 2024. 81, order dated 27.O2.2O24, this Court directed the District Collector and Tahsildar to consider his objections during the inquiry on Dharani Application No.2308532o2. The order was communicated to the: Tahsildar on 04.o3.2024. (c) In deliberate violation of both judicial directions and with mala fide intent to prejudice the petitioners and the pe,ding suit, the :1 z\i t: District collector and Tahsildar have ilegaily issued pattadar passbooks to said Anjali and Prerna. Their conduct amounts to willful disobedience, abuse of power and an attempt to obstruct the administration of justice. The District Collector and Tahsildar are liable to explain their disregard of this court's binding orders. (d) The impugned actions, being collusive and undertaken for extraneous reasons, have caused grave prejudice to the petitioners, giving rise to a fresh cause of action distinct from w.p.No.S o44 of 2024. As no alternative efficacious remedy is available, the petitioners are constrained to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. (e) The learned counsel further submits that a family members, certificate has been issued declaring the petitioners and others as legal heirs of late M.Ramesh. Ignoring this entitlement, the District Collector/respondent No.2 issued succession in favour of said Anjali and Prerna vide proceedings No.D/or/2024-g6, dated 1r.o2.2o24, despite expressly referring therein to the family members, certificate and joint agreement of sale. Respondent No.2 failed to issue any notice or afford an opportunity of hearing to the petitioner before granting such succession, rendering the proceedings illegal.

5. The learned Assistant Government Pleader, representing learned Government Pleader for Revenue submits that the writ petition ) Page 5 of7 is misconceived. The official respondents acted strictly in accordance with the Telangana Rights in Land and Pattadar Passbooks Act,2O2O, and the Dharani procedure. The family members certificate, joint agreement ancl consent of all concerned parties were duly considered while processing the application. Hence, no allegation of mala fides, collusion, or disobedience can be attributed to the authorities. The impugned mutation was a routine fiscal entry baserl on documents produced by the applicants. Any alleged suppression by private respondents d<les not vitiate the bona fide administrative action. The pendency of O.S.No.O2 of 2024 does not preclude mutertion, as revenue authorities cannot adjudicate title and their actions remain subject to the civil court's determination. There is no violation of this Court's directions, nor any breach of natural justice, since the authorities proceeded on the strength of the records available and no intentional omission is shown. The petitioner has an effective remedy before the civil court, ""1 the present writ petition, seeking tc, reopen issues already addressed, is not maintainable.

6. Learned counsel for the unofficiar respondents in all these matters submits that the petitioner's allegations are unfounded and contrar5r to the record. M.AnjaIi and M.prerna, being class-I legal heirs of the deceased pattadar under the Hindu Succession Act, duly filed Dharani Application No.230og632o2, {l 1 .. : I I I I I Page 6 of7 Ar:,r) pursuant to which statutory notice was issued inviting objections by 23-12.2023 but no objections were filed by the petitioners within the prescribed period. After due enquiry and in the . absence of any dispute, proposars were submitted on og.o2.2o24 and the Tahsildar lawfufly approved succession and issued pattadar passbooks on 17.02.2024, much prior to the interim order dated 2T -o2.2o24 in w.p.No.5o44 of 2024, rendering compliance impossible. Allegations of fraud, suppression and collusion are baseless, as all procedures were followed and the petitioners, despite notice, chose not to participate and instead initiated multipre litigations, including o.S.No.2 of 2024, to obstruct the legitimate rights of unofficial respondents. 7 - Learned counsel on record for both the unofficial respondents and petitioners have in .one voice admitted that the petitioners and unofficial respondents are the parties before the civil court in cc No'2 of 2024, pending on the lile of the learned I Additional District and sessions Judge, Rajanna sirclla District and the same is pending adjudication.

8. Having heard the rival contentions and upon perusar of the material on record, it is clear that the petitioners and the unofficial respondents are already contesting their inter se rights before the civil \ PageT of7 Court in O.S.No.2 of 2024. The civil Court remains the appropriate and final forum for determination of such rights, in view of the recent judgment of the Hon'ble supreme court in Bhimabai Mahadeo Kambale v. Arthur Import & Er<port co.rt wherein it was reiterated that questions relating to title, succession and civil rights in immovable property cannot be adjudicated by revenue authorities and must be decided exclusively by the civil Court. As the matter is now seized of by the civil court, the proceedings of the 2'd respondent in proceedings No.DloT 12024-86, dated L7.o2.2o24, are hereby sct aside, without expressing any opinion on the merits of the parties' claims and the parties are relegated to the civil Court to agitate their rights before the said court. Needless to clarify, the orders and findings of the civil Court shall bind the official respondents.

8. All these writ petitions are allowed. There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed jL( AtR 2otq SvPtc ie htr* " 'r,,'r.CL-, 7 //TRUE COPY// To,

1. The Principal Secretary, Revenue Department, of Telangana. . PONNA KRISHNA TANT REGISTRAR SECTION OFFICER Hyderabad, State Sircilla District, Rajanna Sircilla'

2. The District Collector, .Rajanna 3. The Revenue Divisional Officer, Sircilla Division, Rajanna Sircilla District. 4. The Tahsildar, Yellareddypeta Mandal, Rajanna Sircilla District' 5. one cc to SRI M.K.NEHAD UR RAHMAN KHAN, Advocate IoPUC] 6. One CC to SRI T.SURYA SATISH, Advocate [OPUC] 7.. One CC to SRI SHIVA KUMAR KONNE, Advocate [OPUC] g. Two CCs to Gp FOR REVENUE, High court for the State of Telangana at 9x {l^* c-ria^ffie w Hvderabad TOUTI i t t I I I T-t HIGH COURT DATED i 2411112025 COMMON ORDER -r' I !{E S 11 0i:[ ?[6 :lr * WP.Nos.5044,7128 and 19263 of 2024 ALLOWING ALL THE WRIT PETITIONS, WITHOUT COSTS