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 ihe nature of Writ of Mandamus or any other appropriate Writ declaring the inaction of the Respondents for mutating the name of petitioner against property in Sy. No. 971 to an extent of Ac. 04- 21Gts and in issuing Pattadar pas: qook against Dharani applications no. RC2200003560, RC2200003561, n-CZZOOOOSSO2, RC2200003563, dated 28. 03.2022 as illegal, arbitrary and apart from violation of principles of natural justice and fundamental rights guaranteed under article 14 and 3004 of constitution of India and consequently direct the Respondents to issue Pattadar Passbook on the name of Petitioner against above said land IA NO :1OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affida,rit filed in supporl of the petition, the High Court may be pleased to direct the Respondent no.2 to 4 to dispose the applications no. RC2200003560, RC2200003561, RC2200003562, RC2200003563, dated 28. 03. 2022 againsl property in Sy. No. 971 to an extent of Ac 04- 2 1 Gts Counsel for the Petitioner: SRl. RAJASHEKAR THALLAPALLY Counsel for the Respondents: AGP FOR REVENUE The Coud made the following: ORDER I I I I HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.8O18 of 2o23 ORDER: The present writ petition is f-rled seeking to declare the inaction of the respondents for mutating the name of the pelitioner in respect of the property to an extent of Ac.04.21 gts., in Sy.No.971 and issuing pattadar passbook by considering Dharani applications uide Nos.RC22OOOO356O, RC22OO003561, RC22000O3562, RC22OOOO3563, dated 28.O3.2022, as illegal, arbitrary and consequently prayed this Court to direct the respondents to issue pattadar passbook in favour of the petitioner.

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

3. It is stated that the petitioner is the owner and possessor of the land to an extent of Ac.4.2l gts., in Sy.No.971, situated at Papannapet Village and Mandal, Medak District, having purchased the same through a registered sale deed bearing document No.4349 of 20O6, dated 31.O8.2OO5 from one Smt. Pasupunoori @ Chintala Uma Rani through her GPA holder Sri Laxminarayana Agarwal. It is further stated that when disputes arose between the vendor of the petitioner and her family members over the subject property, Chintala Srinivas, brother of the vendor of the petitioner has instituted a suit uide ..).. O.S.No.2 of 2OO2 on the file of the Senior Civil Judge, Medak, for partition and separate possession in respect ol_ the properties mentioning A to R in the suit schedule properties, which also includes Sy.No.971, purchased by the petitioner through a registered sale deed' It is further stated that the said suit is decreed in favour of the plaintiff, viz., Chintala Srinivas, urde judgment and decree dated 19.o3-2or2. Aggrieved by the same, an appeal has been liled by one of the brother of the vendor of the petition er, uid_e A.S.No.S9 of 2Ol2 on the file of tl-re VIII Additional District and Sessrons Judge, Medak and the same was partry a owed urde judgment dared ro.oi.2o2r, wherein the properties purchased by the petitioner admeasuring 4c.4.27 gts., in Sy.No.471, were excluded from the purview of the partition decree. Aggrieved by the said judgment, the plaintiff in the suit preferred second appeal on the file of this Court urde S.A.No. 136 of 2021. There are no interim order granted by this Court and the said appeal is pending for adjudication. The caSe of rhe petitioner is that he has made online applications uid"e Nos. RC22o0oo3s6o, RC22OO003S6 1, RC22OOOO 3562, RC22OOOO3563, dated, 28.03.2022 under the provisions of the Telangana Rights in Land and pattadar Passbooks Act, 2O2O (for short "the ROR Act, 2O2O,) before respondent No.4 along with all relevant documents for mutating his name in the revr:nue records and consequential issuance of pattadar passbook in respect of the subject property. The grievance of the ., petitioner is that the respondents have not considered the said applications till date. Hence, the presenl writ petition' Learned counsel for the petitioner has vehemently contended 4. that mere pendency of the second appeal does not take away of the right of the petitioner over the subject property purchased the same under registered sale deed and the petitioner is entitled lor mutation of his name in the revenue records' Learned counsel further contended that in the absence of any interim order granted in S.A.No. 136 ol 2O2l staying the operation of the judgment and decree in A.S.No.S9 of 2Ol2 or any restraining order for entertaining application for mutation over the land in Sy'No'971, the respondents being the statutory authority has to implement orders in A'S'No'S9 of

5. Per contra, learned Assistant Government Pleader appearing for the respondents submitted that in view of the pendency of S'A'No' 136 of 2O2l on the file of this Court, the respondents have not entertained the applications submitted by the petitioner for mutation and consequential issuance of pattadar passbook in respect of the subject I property.

6. In view of the above submissions, this Court deems it appropriate to dispose of the writ petition directing the respondents to examine the applications submitted by the petitioner uide I I 4 -- 't i Nos.RC22000O3S60, RC22OOOO3S61, RC22OOOO3S62, RC2200OO3S63, dated 2g.O3.2022, seeking mutation of his name in the revenue records and consequential issuance of pattadar passbook in respect of the subject property and if the petrtioner fulfils aI the requirements mentioned in CCLA,s circular No. 1 of 2O2 l, dated tS..Ot.ZOZI and Circular No. I of 2024, dated 2a.O2.2O24, consider the same and issue pattadar passbook in respect of the subject property, in accordance with the law in force, after issuing notice to all the interesterl/ affected persons. In any event, if the petitioner is found not eligible, the respondents shall pass a reasoned order in accordance with lau.,and communicate the same to the pctitioner. The entire exercise shall be completed within a period of eight (0g) weeks from the date of receipt of the copy of this order. 7 With the aforesaid directions, this Writ petition is disposed of As a sequel, miscellaneous applications pending if any, shall stand closed. No costs. To, SD/- AHMED ABDULLAH KHAN ASSIST'ANT REGIS ,TRUE COPY// sEcTloN oFF|CER \ I|

1. The Principar secretary, Revenue Department, secretariat Buirding, Hyderabad.

2. The coilector, Medak District, coilectorate Buirding, Medak - so211o. 3. The Revenue Divisionar officer, Medak De.vision, IVredak rown, rJedak District, Telangana.

4. The Tahsildar, papannapet Mandal, Medak District, Telangana. 5. One CC to SRt. RAJASHEKAR THALLAPALLY Advocate IOPUCI 6. Two CCs to Gp FoR REVENUE ,High court for the state of rerangana. tou.! G, U KKS J. Two CD Copies HIGH COURT DATED:1010412025 ORDER WP.No.8018 of 2023 ,ffii',i, 11,.tu* g € ($(' ). ( n :sParctiE ct€ DISPOSING THE WRIT PETITION WITHOUT COSTS c9G?4 W-