High Court · 2025
Case Details
Acts & Sections
Counsel fog tf,e P'?tilioners: SRI K'9gVlND E:l[Eilllff h;;'d;;'r$']i;"i16 '' iu'*;[f;X';tER' AGP roR Sguns?! foa [!e RfllP('ndqnt NP'Sr ;! [fe c-o,grt ].4ege tle folleryingr oBPEB : '7 HON'BLE SRI JUSTICE C.V. BHASKAR REDDY ORDER: WRIT PETI TION No. 8289 of2o.25 It is stated that the father of the petitioners by name Katam Chandraiah was the pattadar and possessor of the land admeasuring Acs.4.34 guntas in Sy.No. 142, situated at Erlapally Village, Chevella Mandal, Ranga Reddy District, having purchased the same through registered sale deed bearing document No.6l2O of 1963, dated 19.10. 1963 and his name was incorporated in the revenue records as pattadar and possessor. It is further stated that after the death of their father, the petitioners have succeeded to the said property and they have been cultivating the same. It is further stated that as part of the subject property was reflected in the name of Buchaiah, who is the father of respondent No.5, the petitioners have filed a revision before the Joint Collect or uide Case No.D1l3 tO8/2011 and by an order, dated l8.O8.2OlS, rhe Joint Collectoi had set aside the proceedings No.ROR/Rp.No.2/ 7994 and remanded the matter to respondent No.4 to conduct a detailed enquiry. Thereafter, respondent No.4 has conducted the enquiry afiei issuing notice to the father of respondent No.5 and uid"e proceedings No.B/SO58l2Ot6, dated 1O.O5.2017, ser aside the entries made in the record of rights and directed the V.R.O. to take further action for implementation of the orders on online 2 CVBR, J Wp 8289 2025 records.ItisurtherStatedthatwhentherevenuearrthorities have not taken any action, the petitioners hled W P No 16738 of 2O2l befort ttLis Court arlLd uide order, dated O5'O7 2022' llr,is Court direcr ed respondent No.2 herein to consider the apolications submitted I ry t tre petitioners and in pursuance of the strid order' respondent No.2i uide Lt.No.D2l6248l2022 directed the concerned to consider [he tpplication. It is further stated that t'he petitioners also lrled a suit for declaration uide o.S.No.18 0f 2025 on the hle of the Senir,r C.ivil Judge, Chevella and the said suit is pr:nding for acljudicatiorr. lt is further stated that the petitioners zr'lso made application in llharani Portal requesting the respondent authorities not to enl.e'tain any application submitted by respondent No 5 for grant of Pc uthi Izafa/ succession in his favour and conriequential mutation c f his name in the revenue records and issuance of pattadar pttssllrok. The grievance of the petitioners is that even aftdr reieipt ol [he said application, the respondent auth:rities did not conside r th,: same.
2. Considerr:d the submissions of the learned couns;el for the petitioners arxl Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos' 1 to 4 and with their cons ent, this writ petition is being disposed cf at the admission staqe. In view of the nature of relief sought for in this 3 CVBR, J Wp_8289 2025 writ petition, issuance of notice to respondent No.5 is dispensed with.
3. Learned counsel for the petitioners has submitted that respondent No.4, instead of implementing the directions issued by this Court in W.P.No.16738 of 2021and also the recommendations of respondent No.2 in his Lr.No.D2/ 6248 /2022, has entertained application No.2500O61814 submitted by respondent No.5. Learned Counsel further submits that respondent No.S also frled suit ,ide O.S.No.123 of 2076 on rhe file of the Junior Civil Judge, Cheve4a_a4d having come to know about the same, the petitionirs also filed O.S.No. 18 of 2025. Learned counse.l further submits that pending adjudication of the civil suits, respondent No.4 is not having any power or authority to entertain the application submitted by respondent No.5 seeking for grant of succession/ Pouthi Izafa.
4. As seen from the record, admittedly as on date, the suit \ inCtituted by respondent No.S and the suit for declaration of title and conseqtential amendment of the revenue records instituted by the petitioners are pending for adjudication before the competent civil Courts. It is settled law that, pending adjudication of the civil disputes more particularly, relating to the title and possession, the 0 I CVBR, J 'vVp 8289 2025 revenue authorilies are not conferred with any power or authority lrdment of the revenue records or consequentiai either for €.me issuance ,tf a.) pattadar pass book. It is also settled lau' that pending de,;1are tion of the rights, if any pass book is issued in favour of ei[her of parties, that passbook does not 1'akc away the right of the lecree holder in whose favour the suit was decreed' In vic w ,r I the above and since the civil suits are pending, 5. this Court deetns it appropriate to dispose of this rvrit petition granting liberqr to the petitioners to hle appropriate applicatibn in the pending; sr,tits and obtain necessary orders and in th': event of such orders bei -rg produced, the revenue authorities are cl'irected to take furthe| action strictly in accordance with law'
6. With the ilbove observations, this Writ Petition is di sposed of There sha.ll be rLo order as to costs.
7. As a secuel, the miscellaneous petitions pencling, if any' shall stand closed //TRUE COPY// sD/-K. SREE RAMA II4{JRTHY DEPUTY R(qSTRAR SECTIONBFFICER The Princ pal fiecretary, Revenue Department, Secretariat, Hyderabad' State of Telano;lna. ih;b;;iii;i'c,,llector, Ranga Reddv District at Kongarakalan Ranga Reddv' iil; [;;;;;;'jirididi,aib-fticer, cn'evetla Division at chevella Ranga Reddv District. ine tafrs ldar. Chevella Mandal, Ranga Reddy District one CC tr SRI K.GOVIND, Advocate [OpUC] iw" dC. t"-cp FoR REVENUE, Higti Court Tor the state of relangana, at Hyderqbad It)UT] Two 9D ()opie's 6 To 1 2 J 4 5 6 7 PSK. BS HIGH GOUFIT DATED:1910311,2025 I ORDER WP.No.8289 of 2025 ,.A;,1 i1 0 { A!,1 20i:r \./rt*!g-,,F t) / 'i 1. DTSPOSING OF THE WRIT PETITION WITHOUT,3QSTS -^aotidP/' b