The High Court · 2025

gts situated at Dharmapuram village, Athmakur (M) Mandal, Nalgonda district as per decree in oS No. 267 ol 2007 dt. 1914l2oo| as is illegal, arbitrary, contrary to law and violation of Articles, i4, 21 and 3004 of the constitution of lndia and violation of principles of Natural Justice and consequently direct the respondents not to issue e-passbooks in favour of the sth respondent while pending appeal AS sR No. 2469 of 2024 on the fire of prr. District and Sessions Judge, at Bhongir. lA NO: 1 OF 2025 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 respondents 2 to 4 not to issue e-pass book in favour of the Sth respondent without considering the reply notice dated 21/1212024, pending appeal AS SR No. 2469 of 2oz4 on the file of prl. District and sessions Judge , at Bhongir in respect of Agriculture land in sy.No- 49/4/1 extnet of Ac.0-2g lz Sy.No. 50/AA extent of Ac. 0-036 gts, Sy.No. 50A extent fo Ac. 0_13 % gts situated at Dharmapuram viflage, Athmakur (rv) rvandar, Nargonda district pending disposal of Writ petition Counsel for the Petitioner: SRI G.ARUN KUMAR Counsel for the Respondent No.1 to 4: Gp FOR REVENUE Counsel for the Respondent No.5 to 8: - The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASI(AR REDDY WRIT PETITION No. 8110 of2O25 ORDER: This Writ Petition is filed under Article 226 of ttre Constitution of India seeking the following relief: '...to issue a writ order or direction more particulally one in the nature of WRIT OF MANDAMUS declare the action of the respondents without considering legal notice and reply notice dt 2l I 12 /2024 ln issuing the e-pass books in favour of the respondent Nos.S to 8 in respect of Agriculture land in Sy.No.49/A/ 1 extent of Ac.O.29 %, Sy.No.SO/AA extent of Ac.0.036 gts., Sy.No.50A extent fo Ac_O.13 yz gts., situated at Dharmapuram village, Athmakur Manda-l, Nalgonda district as per decree in O.S. No.267 of 2OO7, d,ated. 19/4/2OO8 as is illegal, arbitrar;r, contrar-J/ to law and violation of Articles 74, 2l and 300-4 of the Constitution Of India and violation of principles of Natural Justice and consequently direct the respondents not to issue e_ passbooks in favour of 5th respondent while pending appeal A.S. (SR) No.2469 of 2024 on the fi1e of prl. District and Sessions Judge at Bhongir ald pass...,,

2. Considered the submissions of the learned counsel for the respective parties.

3. It is stated that the petitioner is the owner arrd possessor of the agricultural land to an extent of Acs.2.10 guntas in Sy.No.26/E and Acs.3.25 guntas in Sy.No.SO/AA, respectively, totalling to an extent of Acs.5.35 guntas and Acs.2.OB guntas in I l ,: Sy.No.49lA and Ac.1.OO gunta in Sy.No.SO/A/1, respectively, totalling to an extent of Acs.O3.O8 guntas situated at Dharmapuram Village, Atmakur Mandal, Nalgonda District. It is stated that when disputes arose over the properties, a suit for partition was instituted by the petitioner's sister uide O.S.No.267 of 2OO7 on the file of the Junior Civil Judge, Alair and the said suit was decreed ex-parte on 79 .O4.2OO8. Aggrieved bv.the said order, the petitioner filed an Appeal before the Principle District and Sessions Judge at Bllongir uide A.S.(SR) No.2469 of 2024.

4. Mr.G.Arun Kumar, learned counsel for the petitioner, has submitted that pending adjudication of the Appeal, at the instance of respondent Nos.5 to 8, respondent No.4 is taking steps for mutation of their names in the revenue records and for consequential issuance of pattadar passbooks and title deeds. Learned counsel would further submit that in the event of pattadar passbooks being issued in favour of respondent Nos.S to 8 basing on the fina,i decree order passed in O.S.No.267 of 2O07, nothing remains to be considered in the Appeal Suit flled against O.S.No.267 of 2OO7 . Therefore, learned counsel for the petitioner prayed this Court to direct respondent No.4, not to .'./ a i issue pattadar passbooks in favour of respondent Nos.S to B, pending adjudicatlon of the Appeal suit.

5. It is the case of the petitioner that he has hled an Appeal against the final decree order dated l9.O4.2OOg in O.S,No .26T of 2OO7 and it is for the petitioner to place the orders of the Appellate Court on the fi1e of respondent No.4 for not taking further course of action. In the event of failing to produce any orders passed by the Appellate Court, respondent No.4 is bound to implement the orders passed in O.S.No.267 of 2OO7.

6. It is needless to observe that the petitioner shali make an appropriate application on the fiIe of the Appellate Court in the pending A.S.(SR) No.2469 of 2024 and after otrtaining orders therein, he has to place the same before respondent No.4 not to entertain any application being submitted by respondent Nos.5 to B for mutation and for consequential amendment of the records in terms of the fina1 decree dated 06.02.2024.

7. Learned counsel for the petitioner seeks four weeks, time to enable him to get necessary orders from the Appellate Court and to place the same before respondent No.4, who is the competent authority for implementation of the final decree proceedings in O.S.No.267 of 2OO7, dated 06.02.2024. , I

8. In view of the said submissions, respondent No.4 is directed not to take any action on the application submitted by respondent Nos. 5 to 8 for a period of four (O4) weeks from date of receipt of the copy of order to enable the petitioner to obtain necessary orders from the Appellate Court and in the event, if stay of the final decree proceedings uide O.S.No.267 of 20O7 is not granted, respondent No.4 is at libertSr to proceed in accordance with law.

9. With the above observations/directions, the Writ Petition is disposed ()f. No costs. As a sequel, the miscellaneous petitions pending, if any, shall stald closed. SD/. K.SREERAMA MURTHY DEFIUTY REGISTRAR //TRUE COPY// ', SECTION OFFICER B.R.An-rbedkar Secretariat 1 The Principal Secretary, Revenue Department D Hyderabad. State of Telangna. The District Collector, Yadadri-Bhongir district Bhuvanagiri' The Additional Collector (Revenue), Yadadri-Bhongir district' The Tahsildar, Athmakur (tr/l) Mandal Athmakur, Yadadri-Bhongir district One CC to SRI G.ARUN KUIUAR, Advocate IOPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] Two CD CoPies 1 To I 3 4 E 6

7. BSR GJP HIGH COURT DATED:1810312025 1 iF- STA 14: k )3 02 i,iAY 2[25 Z Ct) ) I ORDER WP.No.8110 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS )--.- w