The 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 order or direction more particularly one in the nature of Writ of ltrlandamus declaring the action of the 2nd respondent in issuing the impugned order dated 22-02-2023 by declaring that the petitioner and his brother are not having half share in the agriculture land in Sy. No. 577, 578, 579, 471A1 and 4718, tolal admeasuring Ac.12-29 guntas at Kosgi village and Mandal, Narayanapet District, though their suit for partition of 50 percentage share out of the above agriculture land is pending in O.S. No.22812021 on the file of Junior civil Judge, Kodangat, as illegal, unlaMul, contrary to lil v and consequently direct the 2nd and 3rd respondents not to change the Ro I of the above land pending disposal of the above partition suit. lA NO: 1 OF 2023 Petition under Section '1 51 CPC praying that in the I ircumstances stated in the affidavit filed in support of the petition, the High Cou r may be pleased To stay of all further proceedings in pursuant to the impugn€rr order daled 22-02' 2023 in file No. D/1 38/2023 passed by the 2nd respondent : rd not to change the ROR of the land in Sy. Nos. 577, 578, 579, 471A1 and 47I l, total admeasuring Ac.12-29 guntas at Kosgi village and Mandal, Narayanit ret District, pending disposal of main Writ Petition. Counsel for the Petitioner: SRI SRINIVAS MURTHY REPRESENTING SRI M.DAMCI] )AR REDDY Counsel for the Respondents No 1 To 3:SRl L. RAVINDER , \GP FOR REVENUE Counsel for the Respondents No 4 & 6: SRI D. NARENDAII NAIK Counsel forthe Respondent No 5: ---- The Court made the following: ORDER HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.5853 of 2023 DATE OF ORDER: OA.I2.2O25 BETWEEN: Bejj u Hanumalthu AND The State of Telangar-ra Rep. by its Principal Secretary, Revenue Department and 5 others : ORDER: Petitioner Re spondents This Writ Petition is filed under Article 226 of Constitution of India seeking the lollowing relief/ s:- ". . . to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2,rd respondent in issuing the impugned order dated 22.O2.2023 by declaring that the petitioner and his brother are not having half share in the agriculture land in Sy. No.577, 578, 579, 47 lAl , and 47 lB, total admeasuring Ac.12.29 guntas at Kosgi village and Mandal, Narayanapet District though their surt for partition of 50 percentage share out of the above agriculture land is pending in O.S. No.228 l2O2l on the file of Junior Civil Judge Kodangal as i11egal, unlawful contrary to larv and consequently direct the 2"d and 3'a respondents not to change the ROR of the above land pending disposal of the above Pa.{ti!_on suit..." I 2

2. Heard Sri Srinivas Murthy, learned renior counsel representing Sri Nl.Damodar Redd,y, learnerl : runsel for thc petitioner, Mr. [,. Rarrinder, learnccl Assistant Gov: :nm ent Pleader for Revenue appealing for respondcnt Nos.1 to Per-used the record 3- Learned r:ounscl for the petitioner u,ould fzr rly submit that the suit in O.S. No.22B of 2021 on the file of tnc .Junior Civil Judge, Kodangal is purrdirrg adjudication, u,hclr thc parties to this rvrit petition are the parties before the civil (l ,urt. Hence, he would seek to rclegatc the matter to the civil Cor- r t

4. No representation on behall o[ respondenl \ os.4 to 6

5. Learned Assistant Governmcnt Pleader lol Revenue '"r,ould submit that rvhe n thc matter is seized in the cir- Court zrnd the parties to this u,rit petition are also parties befo - : the civil Court seeking partltion, pertaining lo the Iand in qut:s; ion, situated in Sy.Nos.577, 57a,579,47 lAl , ar d 47 lB, the cr;se in this writ petition does r-rot survive for further adjudicitl t rn. Helce, he u,ould seek to pass appropriate orders.

6. Having regard to the submissions made br .earned counsel for the petitioner arrd learned Assistant Goverrt r tent Pleader for sCr lrg4'E7 ,.-:;r.p r 3 Revenue and upon considering the materiai available on record, it rs apparcnt that the parties to this writ petition are also parties to the proceedings before the civil Court in O.S.No.228 of 2O2l , u,hic}'r is pcnding on the lile of thc Junior Civil Judge, Kodangal. Therefore, this Court dcems it appropriate to relegate the matter to the civil Court, granting libertl, to the parties to this writ petition to u.ork out the remedies there itself. it is made clear that tl-ris Court does no[ m:rke anv observations on the merits or demerits of the casc

7. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, shali stand closed SD/. A.H.S. GOWRI SHANK ASSISTANT REG R //TRUE COPY// SECTION OFFICER To,

1. The Principal Secretary, Revenue Department, S Secretariat, Hyderabad. e of Telangana,

2. The Collector, Narayanpet District, at Naraynapet. 3. The Tahsildar, Kosgi Mandal, Narayanpet District. 4. One CC to SRI DAIUODAR REDDY, Advocate [OPUC] 5. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at rn, Hyderabad . [OUT]

6. One CC to SRI D. NARENDAR NAIK, Advocate [OPUC]

7. Two CD Copies DAN LS HIGH COURT DATED:0811212025 ORDER WP.No.5853 of 2023 ,i - -ar O t-r- of 1EL4 .s s + o +H 2 I c , ;l .}i '.s- DISPOSING OF THE WRIT PETITION WITHOUT COSTS -,.E("1 ff'\'b