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 an appropriate writ, order or direction more particularly one in the nature of Writ of certiorari, calling for the records pertaining to the proceedings in Case No. Rev/D1/ROR/001112023, daled. 15.02.2024 passed by the 3rd respondent and declare the same as illegal, arbitrary, violative of principles of natural justice, contrary to the order '1 Rule 10 CPC apart from being violative of Articles 14,21 and 300-A of the Constitution of India and set aside the same and consequently direct the 3rd respondent to permit the petitioner to implead as party respondent in Case. No. Rev/D1|ROcJ001112023 in the interest of justice. =7 lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affldavit filed in support of the petition, the High Court may be pleased to dispense with the filing of certified copy of order in Case No. Rev/D1/ROR/001112O23, Dl. 15.02.2024 passed by the 3rd respondent in the interest of Justice. lA NO: 2 OF 2024 Petition under Seclion 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in case No. Rev/D1/ROR|OO1112023 pending on the file of 3rd respondent, pending disposal of the writ petition. Counsel for the Petitioners: SRI VENKATESHVARLU GUMMADAVELLY Counsel for the Respondent Nos.'l TO 5: GP FOR REVENUE Counsel for the Respondent No.6: Mis. C.HARI PREETH The Court made the following: ORDER Y ) HON'BLE SRI JUSTICE C.V,BHASI{AR REDDY WRIT PETITION No.495a of 2024 ORDER: . This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following reliet "....to rssue an appropiate ui\ order or direction more partiallarly one in the nature of Wit of ccrtiorari calling for the recnrds perlaining to the proceedings in Case No.Reu/D1/ROR/OOjl/2023 dated 15.02.2024 passed bg the 3d respondent and d.eclare the same as illegal, arbitrary, uiolatiue of princtples of natural justice contrary to the Order I Rule 10 CPC apart from being uiolatiue of Articles 14, 21. and 3OOA of the Constitution of India and set aside the same and consequently direct the 3d respondent to permit the petttioner to implead as partA respondent in Case No.Reu/D1/ROR/001j/2023 in the inlerest ofjustice...."

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is stated that the father of respondent No.6 was assigned agriculture land to an extent of Acs.4-0O guntas in Sy.No.46 (46/5) situated at Nerellapally Village, Balanagar Mandal, Mahabubnagar District under Ex-Servicemen quota and after his death, the said land was mutated in the name of respondent No.6, and later, the petitioners have purchased the said property from respondent No.6 and there is no dispute regarding the said issue, and the revenue authorities have also issued pattadar 2 r] \ passbooks in their favour. It is further stated that suppressing the said facts, respondent No.6 liled an application, dated

19.12.2022 before the respondents seeking grant of succession and mutation in respect of the said lands, and when the said application was rejected without assigning any reasons, he filed W.P.No.2 1569 of 2023 before this Court and the said writ petition was disposed of on 1O.OA.2O23 directing respondent Nos.3 and 5 therein tc reconsider the application of the petitioner therein by issuing notice to all interested/concerned persons; and in pursuance of the same, respondent No.3 issued notice rrde Ref.No.Rev/ D I / ROR/ OO I I I 2023, dated 29. I 1.2023' to all the affected parties including the brother of the petitioners, who died on 24.O4.2023, and therefore, during the course of hearing, the petitioners have filed an application under Order 1 Rule 1O requesting to implead them as party respondents in the said case as the subject land is joint family property, but the same was rejected uide Case No.Rev/D1/ROR/001112023, dated

15.02.2024. Hence, this writ petition.

4. A careful examination of the said proceedings, dated L5.O2.2024 of respondent No.3 reveals that the petitioners are claiming rights over the said property as purchasers under sada I i-:-.:. -) bainama, and until arrd unless the said sadabainama is validated as per Section 5A of the the Telangana Rights in Land and Pattadar Pass Books Act, lg7 I (for short .the Act, 192 l,), the petitioners are not having any locus standi to implead themselves in Case No.Rev/D1/ROR/OOI l/2023. In view of repealing the Telaagana Rights in Land and pattadar pass Books Act, 1971 (for short 'the Act, l977'l and enacting with new Act called as ,,the Telangana Rights in Land and pattadar pass Books Act, 2O2O, (for short 'Act, 2o2o', no such power has been conferred on the revenue authorities for validating sada bainama under the new Act.

5. In view of the same, this Court is of the opinion that there is no illegality or legar infirmities warranting interference of the orders passed by respondent No.3. Accordingly, this writ petition filed is devoid of merits and is dismissed. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. To \ i/TRUE COPY// SD/-A.V.S.PRASAD ASSI TANT REGISTRAR CTION OFFICER 1 2 3 4 5 6. 7. 8 o era bad, State of The Principal Se cretary, Revenue Department, Secretariat, H Telanoana. The Chief Commissioner of Land Administration, Government of Telangana, Nampally, Hyderabad. The District Collector. Mahabubnagar District at Mahabubnagar. 5[i,.[t*"r" Divrsionar orrcer, rr,rirrauuonJg;; ii;;;;tIJ'Diiilion, Mahabubnagar The T_ahsildar, Balanagar Mandal, Mahabubnaqar District. 9n" 99 ro sRt vENK.{TESHVARLU GU[/rr,radnvEiLi,'ndvocate [opUC] Lwg CCs to Gp FoR REVENUE, High Court for id" Siutb'oi r"lan-sin", ut, Hyderabad. IOUTI One CC to tu7s. C.ilARt PREETH, Advocate [opUC] Two CD Copies PSK. GJP q- I =.:-l HIGH COURT DATE D : 1 010212025 ORDER WP.No.4958 of 2024 I I O ,J t ( t 1HE qIA ?"5 1 B fiAR ZO25 Snr.rr^vr€\) 'i d DISPOSING OF THE WRIT PETITION WITHOUT COSTS W