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 pl6ased to issue appropriate Writ or order/Direction more particularly one in nature of Writ of Mandamus declaring the action of Respondent No.4 in entertaining the application of Respondent No.S to effect mutation in revenue records and contemplating to issue Patta Pass Book-cum-Title deed in favour of Respondent No.S pertaining to the land bearing Sy.No.39lul 1 admeasuring Ac.0-15 gts situated at Kodakanchi Village, Jinnaram Mandal, Sanga Reddy District without considering the objection/legal notice dated 1910712021 issued on behalf of Petitioner and pending litigation bearing O.S.No.21 of 2019 on the file of Honourable Junior Civil Judge at Narsapur, Sanga Reddy District as arbitrary, illegat, against the Principles of natural justice, violation of Articles 14, 21 and 3OO-A of Constitution of lndia and consequently direct the Respondent No.4 not to issue any Patta Pass Book-cum-Title deed in favour of Respondent No.S lA NO: 1 oF 2022 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 Respondent No.4 not to effect mutation in the name of the Respondent No.4 pertaining to the land bearing Sy.No.39/Ui1 admeasuring Acs.0-15 gts situated at Kodakanchi Village, Jinnaram Mandal, Sanga Reddy District pending disposal of the main writ petition in the interest of justice. Counsel for the Petitioner: SRI Y. SUDERSHAN REDDY Counselfor the Respondent Nos. 1to4: AGP FOR REVENUE Counselfor the Respondent No.S: SRI P.V.L. BHANU PRAKASH The Court made the following: ORDER ;. i i I I : : I i i i ! I I l I I I I I I I 1 I I Itj ': i: f; THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION N0.8837 0F 2022 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "...to issue appropiate writ or order/ Direction more particularlg one in iature of wit of Mandamus declaring the 'action of kespondent No.4 in entertaining the application of Respondent ilo.S to effect mutation in reuenue records and coniemplating to issue Patta Pass Book-anm-Title deed in fauour of Risporud.ent No.S pertaining to the land beanng -sy.No.s9/U/lad.measuringAc.o.lsgtssituatedat Kod.akanchi village, Jinnaram Mandal, sanga Reddy Distict without considiring the obiection/ legal notice dated 1g/o7/2o21 issued on behatf of Petitioner and pending litigation beanng o.s.No.21 of 2019 on the file of Honourable Junior Ciuit Jidge at Narsapur Sanga Reddy Distict as arbitrary itlegal against the Pinciples of natural justice 'uiolatioi oy irticles 14, 27 and 30oA of Constitution of India and consequently direct the Respondent No.4 not to issue any patta pass BooicumTitle deed in fauour of Respondent No.S artd pass..."

2. The brief facts of the case are that the agricultural land to an extent of Ac.o.15 guntas in Sy.No.39/Ull, situated at Kodakanchi village, Jinnaram Mandal, sangareddy District, belongs to the petitioner's joint family coparcenaries property comprising of petitioner's father and his brothers and the petitioner. The said property is their ancestral property. The father of the petitioner without having ,..ry *..,ner of right, a I i ..1. . title or interest created a false and sham sale deed bearing document No.773 of 2077, dated 18.02.2017 in favour of respondent No.5 herein, rn,ith an intention to deprive the petitioner's legitimate share in the said land. Since the said sale deed is a sham document and not binding on him and having come to kno'*,about the said sale deed, the petitioner filed a suit for partition and for allotment of the petitioner's I/4t separate share in the said land uide O.S.No.2l of 2Ol9 on the file of the learned Junior Civil Judge, Narsapur, Sangareddy District. Respondent No.4 entered his appearance in the said suit and also filed written statement on his behalf. The said suit is sub-judice. Respondent No.S having full knowledge about the pendency of the suit has filed an application before respondent No.4 seeking mutation of the said land in his favour by suppressing the material facts. Having come to know the same, the petitioner filed objections and also got issued a legal notice dated 1g.O7.2O21 on his behalf requiring respondent No.4 not to effect mutation pending disposal of the suit bearing O.S.No.2l of 2019 on the file of the learned Junior Civil Judge, Narsapur. Respondent No.4, ignoring his objection is contemplating steps to effect ,? l ::3:: mutation of the said land in favour of respondent No.5 without waiting for the result of the said suit. The petitioner is put to great hardship and irreparable loss, if respondent No.4 effects mutation of subject land in the name of respondent No.S.

3. Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for Revenue, for respondent Nos.l to 4 and learned counsel appearing for respondent No.5 and perused the record.

4. Learned counsel appearing for the petitioner would submit that the property in question is an ancestral property, upon information being received that respondent - authorities are contemplating to consider the representation of respondent No.5 to enter the name of respondent No.S in the revenue record"s, the petitioner constrained to file O.S.No.21 of 2019, which is pending before the learned Junior Civil Judge, Narsapur, Sangareddy District. While it is pending, the respondent - authorities are trying to mutate the name of respondent No.5 in the revenue records, which is illegal and arbitrary. Hence, seeks indulgence of this Court. :i4ii Cr

5. Learned counsel appearing for respondent No.S would submit that the property in question does not belong to the joint family property and respondent No.5 has absolute right in the said property. He would further. submit that the Partition Suit filed by the petitioner is pending before the Civil court and the civil court alone shall pass appropriate order. Hence, seeks to dismiss the present writ petition.

6. Learned Assistant Government Pleader for Revenue would submit that this court at the stage of admission has passed the interim order dated 25.02.2022 granting stqtus qluo. Since then and till today, no changes have been made to the property in question. Hence seeks to pass appropriate orders

7. Recording the submission made by all the rearned counsel and without expressing any opinion on the merits and demerits of the case, this court deems it appropriate to dispose of the writ petition directing the petitioner to approach the competent civil court for appropriate adjudication of the Suit pending before it. The respondent-authorities are also directed to maintain status quo obtained as on the date till the Civil Court proceedings are finalized.

8. Accordingly, with the above directions this writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if &fly, pending in this writ I I i I petition shall stand closed. /TRUE COPYII DEVI REGIS OFFICER \ To, 1 2 3. 4. 5. 6. 7 8. F HIGH COURT DATED:09/09/2025 ORDER WP.No.8837 of 2022 iiE S I;{ 1 ? 1 JAN 2[26 ,:" *" C) \ * DISPO SING OF THE WRIT PETffION wffHOuT r\ I t , I I I