High Court · 2025
Case Details
circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction, more particularly one in the nature of Writ of Certiorari; calling for the records order passed in Appeal Case No. Al227Ol2O1g, (Collectorate File No.D/347 12021), 'dt.O1-02-2021 by the 3'd respondent Tribunal in respect of with regard to the entries of names /mutation of name of the 5th respondent by cancelling the pattadhar pass book in connection with Sy. No.194/1/A to an extent of Ac 9-00 guntas and in Sy No. 195 to an extent of Ac.16.31 guntas, total admeasuring to an extent of land Ac.25.31 guntas situated at Yaligandla viltage, Marika Mandal, Narayanpet District as illegal and arbitrary action on the part of the 3,d respondent herein and also violative of Art. 14, 16 & 21 of the constitution of lndia and quash the same. lA NO: 2 OF 2023 Petition under section 1sl cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to suspend the order passed in Apqeal case No. Al227ol2ol 9, (collectorate File No.D134712021), dt.01-02-2021 by the 3'd respondent Tribunal pending disposal of the ttrlain Writ Petition, n the interest of justice. lA NO: 3 OF 2023 Betwee n: Sathwrk Reddy @. Satvrk Reddy, S/o. yadava Reddy, Aged. Minor, Rep. bv his Natural Guard'ar Sowiarva Reddy, R/o. Hyderguda vitiagel RaiendrrnrgJi rua?ra"r, Ranga Reddy District. AND
1. 2 3 4 F ...PETITIONERyRESPONDENT No.3 .. Rep.^ b-y its principat Secretary, Revenue I!9_it_.]9. of Telangana, uepartment, Secretariat Buildings, Saifabad Hyderabad. The District Collector, Revenue, Narayanpet, Narayanpet District. Jlq...Spegia! Tribunal, Narayanapet District, Rep. by the Member and Additional Collector Revende, _C.onstituted' viOe' O.6.ffrfs.No.4 ii;;;;; Assignment Department, dared 1 2ro1 t2oi t, nep.-uv iis Distriit boilecioiino Coram Narayanapet District. The Tahsildhar Yaligandla, Marikal Mandal, Narayanpet District. ..,RESPONDENTS/RESPoNDENT Nos. 1 to 4 Gummakonda Chandra Shekar S/o. G Balreddy, Aged about 34 years, Occ: Agriculture, R/o H No. 3-1-35, Hyderguda, Attaflur, ftinga neady 6i.tridt --- ...RESPONDENT/WRIT PETITIONER 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 vacate the lnterim order.s granted by this Flonrble Court,on 3jlggl}O2g in W.p.No. 8932 of 2023. Counsel for thd Petitioner: sRI MANDHATA SLK SRUTHA KEERTHI Counsel for the Respondents No.1 to 4: Gp FOR REVENUE Counsel forthe Respondent No.S: SRI p.S.p. SURESH KUMAR The Court made the following: ORDER THE HON'BL ESRI JUSTIC E C,V.BHASKAR REDDY WRIT PETITION No.8932 of 2023 Q&o-nBt pertalning to the This u'rit petitio, is fired seeking to calr for the records order passed by the Special Tribunal i.e., herein 1n Appeal Case NO.A/227g/2019 No.D/342/2O21) clated Ol.O2.2O2t and to respondent No.3 (Colle ctorate File quash the same as illegal .rnd arbitrary. Maldal, The petitioner 6laipg admeasuring Ac.9.O0 guntas to have purchased land Survey No. 1941 1/A and Ac. 16.31 guntas in Suryey No. 195, tctal admeasuring Ac.25.31 guntas, situated at 1n Yaligandla Village, Marika by r.,ii_\. of a registered sale Narayanpet District, cleed vide documenr No.4974/2017, dated 2l .O9.p017 and since then he is in peaceful possession and r:njoyment of the same. It is stated that the name of the petitiouer is mutated in the revenue records and p.rtt:tdar pass book is also issued rn his favour in rcspect of the said lancl It ist further stated that the petitioner has given thc said land on lease to one Mr. Suresh who is resident of the said village, but when respondent No.S along with others trespassed into the subject,land a]]d threatened the leaseholder to vacate the said land, the petitioner was 2 constrained to lodge a policc complaint against rospondent No.5, which is pending vicle Crime No.12812022 under Sections 447, 506 read with 34 IPC on the file of Narayanpet Police Station. lt is lurther stated that the pet.itioner also instituted a civil suit vide O.S.No.1 38 of 2022 on the hle of learncd Principal Junior Cirril Judge, Narayanpet, against respondent No.5, besides submitting a representation dated 26.O7 .2022 requesting the respondent authoriLies not to entertain any registration or mutation of entries with regard to the subject land. 'The grievance of the petitioner is that despite the said rlpr."entaiio" ."a pi",iiry aajudlcailon oi tti liiioiaa "i"it suit, respondent No.3, in an appeal preferred by respondent No.5 herein, passed orders datei Ol.O2.2O2l vide Appeal No.Al227 12019, to which the petitioner is not made a party, directing the Tahsildar to restclre the name of rcspon<lcnt No 5 herein and to cancel the pass l:ooks rf an,\'issued in rcspcct ol the subject proPerty. A counter alfidavit has been filecl bl respondent No 5 tnler alia stating that the petitioner is not the owner of the subject property and only with a vierv to l:erass respondent No 5 and grab the said land, he purpose.fully lodged a false police complaint and also filed the civil suit by creating forged , documents; in fact, respondent No:S is the absolute owner and possessor of the subject property; respondent No. 1 in the appeal ls none other than the rvife of the petitioner herein who got entered her name illegally by way of deleting the name i of respondent |Io.5 rn the concerned revenue records uard "" "t.-,ih the impugned order passed by respondent No,3 is tenable. Cohsrdercd thc subrnissions of the leel.ned counse.l for the partres and perused ,.he rr:r.ord It appe ars that thrrrc arc serious disputes among the partlcs u'rth regard to ritle, possessio;] and consequentipl mutation cf entries in the revenue records in respect of the subject land, which are required to be decided by a competent civil court in a comprehe,sive civil suit bascd cn.evidence. Since it is stated that the petitioner has already instituted a suit seeking declaration of title and consequential injunction, this Court, without expressi;-,g any opinion on the mcrits of the - matter. deems it appropriate to dispose of the writ pbtition, leaving it open to the petitioner to hle appropriati application on thc file of thc revenue authorities for amendment/mutation of entries in the revenue records an6 consequential issuance of pattadar pass books in accordance with law, after obtaining 4 declaration decree, if any, in the pending suit vide O.S.No.13g of 2022 on the file of learned Principal Junior Civil Judge, Narayanpet. The wiit petitio:r is accordingly disposed of. Pending misceilaneous applications, if any, shall stand closed. There shall b'e no order as to costs. //TRUE COPY// SD/.K. SREE RAMA MURTHY DEPUW RE GIS SECTION OFFICER
1. The Principal Secretary Revenue Department, Stat Build ings, Saifabad Hyderabad of Telanga na, Secretariat
2. The District Collector, (Revenue), Narayanpet, Narayanpet District 3. The Member and Additional Collector (Revenue), Special Tribunal, -' Naiayanapet District, Constituted vide G.O.lr.,4s No 4 Revenue (Assignment-l) Oeptl, Ot.iz-ot -2021 , rep. by its District Collector and Coram Narayanapet District.
4. The Tahsildhar Yaligandla, Marikal lvlandal, Narayanpet District. 5. One CC to S,Rl MANDHATA SLK SRUTHA KEERTHI, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. IOUI
7. One CC to SRI P.S.P. SURESH KUMAR, Advocate [OPUC] 8. Two CD Copies To, MP BS HIGH COURT DATED:0310412025 -<iTA rE O5 'i ts \qq s () -..'5 l, trt:s+li\ +=::.--;=-- Ll j'; + r) ORDER WP.No.8932 of 2023 DISPOSING OF THE WRIT PETIIION WITHOUT COSTS I \q l?