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 any order or direction more particularly one in the nature of writ of mandamus as the lmpugned Order No P.121312023, dt. 07.03.2025 is illegal, arbitrary and u nconstitutional and the said impugned order is liable to be set aside consequently direct the respondent No.4 not to make any registrations.in : t' respect of land in Sy' No 52 of Kotyal village' Mulugu tvlandal' Siddipet District with total extent Ac 12 l ti gts IANO:1O F 2025 petrtion under li()ction 151 cpc praying that in the circumstan,res stated in the affidavit fired in sr_ pport of the petition, the High court may be: preased to direct the responde rt \lo'4 not to make any registrations in respect of the land in Survey No. 52 of Ko\ral village ' tvlulugu Mandal' Siddipet District witI total extent of Ac 2.1B gts, pendirro disposal of the above writ petition CouNSEI fOT thE PEtitiC NET : SRI KAMBALAPALLI SRAVAN KUMAR REDDY Counsel for the Respc ndents No"lto4 : SRI L'RAVINDER' AGP FOFI REVENUE Counsel for the Respc'ndents No'5to7 : The Court made the fc llowing: ORDER -- t,-l HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.7963 of 2O25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is liled seeking the following relief ". . . .to issue any ord.er or direction more particularly one in the nature of uLit of mandamus as the Impugned Order No.B/213/2023 dt 07.03.2025 rs illegal, arbitrary and unconstihttionol and the said impugned order is liable to be set aside conseqtentlg direct respondent No.4 not to make any regbtrations in respect of land in Sg.No.S2 of Kotyal uillage, Mulugu -Mandal, Siddipet Distict tuith total ertent Ac.2. 1 8 gts.. . . "

2. Considered the submissions of the learned counsel for the petitioner; Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 4 and with their consent, this writ petition is disposed of at the admission stage.

3. It is stated that the petitioner is the owner and possessor of land admeasuring Ac.2.18 guntas in Sy.No.52 situated at Kotyal Village, Mulugu Mandal, Siddipet District. It is further stated that her husband filed W.P.No.11255 of 2023 before this Court seeking to mutate his name in the revenue records and for conseqhential issuance of pattadar passbooks in his favour, and t : l I 2 this Court uiate order dated 21.O4.2O23 directed responcient No'4 therein to enrlu.ire into the matter and decide the same after putting the pt titioner and respondent Nos.S to 7 therein on notice. lt is lurther stated that in pursuance of the said directions of this Court, respondent No.4-the Tahsilda r, issued proceedings t'id,z No.Bl2l3 /2023, dated 07.O3.2O25 directing to approach the ,:rvil Court in view of the title disputes over the subject properly. The grievance of the petitioner is that respondent Nc, z[ has passed the proceedings, dated 07.O3.2025 without conclucting proper enquiry, therefore, the said proceedings art: liable to be set aside.

4. it is seen from the record that the petitioner's husband grandfather n.iime is reflecting in the pahanis 1956-57 to 1958- 59 and the szLid entries are continued up to the yerer 199 1 . Disputing the ;ubsequent entries made in favour of rer;pondent Nos.S to 7 as 1r:rttadars and possessors in respect of th,: subject property, the hutsband of the petitioner submitted an application and when the s,ame was not considered, he ltled W.P.No.11255 of 2023 before trlis, Court and the said writ petition u.'as dis;posed of uide order daleC 21.O4.2023 directing respondent No.4 t herein to enquire into th,: matter. \ \ 3

5. This Court has examined the proceedings vide No.B/213/2023 dated 07.O3.2O25 issued by the Tahsildar. The petitioner has filed an application before the Tahsildar after three decades clairning that the name of the petitioner's husband grandfather was recorded in revenue records as pattadar. Admittedly, as per the proceedings of the Tahsildar, the names of respondent Nos.S to 7 were carried out over the subject property by virtue of proceeding No.B/ 1033/ 1993, dated 23.08.1993 and continuing till date.

6. It is setfled law that the revenue authorities are not having any power or authorit5r to conduct enquiry more particularly after three decades of mutation of names of respondent Nos.S to7 and come to a conclusion that the respondent Nos.S to 7 are not pattadars of the said lands. The issues raised in this writ petition can be appropriately addressed by a Civil Court in a properly instituted civil suit, based on the evidence adduced by the parties. Since the petitioner is disputing the right and entitlement of respondent Nos.S to 7 over the subject property, writ petition is not a remedy to resolve the said disputes while exercising the jurisdiction under Article 226 of the Constitution of India, and if the petitioner is aggrieved with the said entries, I I l 1 i i n 4 she is entitlecl -o approach the competent civil Court to :stablish her title ald pc s session over the subject property

7. In vierv ol the above, this Court is of the opinion that ends of justice wor-t I I be met if the petitioner is relegated to :rpproach the compete n - Civil Court and seek appropriate relief, in accordance witb law.

8. With the irbove observations, this Writ Petition is disposed of. No order as; to costs. As a serr: ttel, the miscellaneous petitions pendin11, if any, shall stand clo ;ed SD/.P. GOWRI SHANKAR REGISTRAR " ,/TRUE COPY// ON OFFICER rn ment Reve n ue De p a rtm e nt' secretariat' t li;,J:i?3:',.i l:i:*?,?#,Gove 2. The District :' ) lector' Siddipet District' Siddipet 3. The Revenue Divisional Officer' Gajwel Division' Gajwel' Siddipet District 5 One CC to ljl1l KAMBALAPALLI SRAVAN KUMAR REDDY' Advocate' Two CCs to (iP FOR REVENUE High Court for the State of felangana

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7. Two CD CoPies BSK BS s HIGH COURT DATED:171O3i2025 E:iI47. e e rH o( 3 7E I{AR 2!25 Sgorl.1i :\-\ 9O ,2 7 L: -b ,..., * ORDER WP.No.7963 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS (Oct^d r( 3