The High Court · 2025
Case Details
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 the nature of writ of Writ of l/andamus declaring the action of the 2nd Respondent in issuing Proceedings No.D117112025, d1.18.02.2025, as arbitrary, illegal and violative of Article 14.21 and 300 A of the Constitution of lndia an( consequently set aside the Proceedings No.D117'l12025, dt.18.02.2025 issued by the 2nd Respondent, in the interest of justice. lA NO: 1 OF 2025 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit.filed in support of the petition, the High Court may be pleased tq suspend the Proceedings No.D117112025, dt.18.02.2025 issued by the 2nd 7 Respondent, curin,T nendency of the Writ Petition. othervrise the )etitioner will be put to irreparal:le kr;s and injury. lA NO: 2 OF 2025 Petition und,:, Section 151 CPC praying that rn the circunrs,tances stated in the affidavit fil,)d ir support of the writ petition, the High ,lou 1 nti'ry be pleased to direct the 3rd Resoondent not to mutate the 4th Re:;pondenl 's name in the revenue recorrls ti I the disposal of lA.No.40/2024 in AS No 7120>-4 on the file of Principal Distrr;t J,rcge, Jagtial, during pendency of the Writ Fetition. qtherwise the Petitioner will be put to irreparablg loss and injury. Counsel for the Pe,titioner : SRI G.MADHUSUDHAN REETDY Counsel for the Rerspondents No.1to3: SRI L.RAVINDEFI, AGP F,CR REVENUE Qounsel for the Re,spondents No.4; The Court made the, following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.9164 of 2025 ORDER: It is stated that the petitioner is the owner and possessor of the land admeasuring Ac.O. 13 % guntas in Sy.No.351/E; Ac.I.27 guntas in Sy.No.358/A and Ac.O.33 guntas in Sy.No.38O/A, situated at Yedumotalapalli Village, pegadapalli Mandal, Jagtial District, having purchased the same through registered sale deed bearing document No.354 of 2O10, dated O5.O2.2O|O. It is further staLed thar, disputing the right and entitlement of the petitioner, respondent No.4 had instituled a suit for declaration of title and consequential recovery of possession of the property purchased by the petitioner through registered sale deed bearing document No.354 of 2O 1O, dated O5-O2.2O|O uide O.S.No.65 of 2O tO on the file of the Senior Civil Judge, Jagtial. It is further stated that the said suit was decreed uide judgment and decrec, dated 25.09.2023 ar':d. aggrieved by the same, the petrtioner filed A.S.No.7 of 2024 on the hle of the Principal District Judge, Jagtial. It is further stated that, pending adjudication of the said appeal, when the respondent authorities tried to consider the application submitted by respondent No.4 seeking for mutation and 2 CVBR, J Wp 9164,_2025 ! conseqLrcll i:, I issuance of pattadar pass boc'k, he pelitioner u.as crrns;tr-.:i'red to file W.P.No.24019 of 2024 before t his Court and thLs ! rL rt, by an order, dated O2.O9.202'l , dispor;ed of the said v,-it l)ctition directing respondent No.2 tlrere ,r.r rc consider the orlirrc rrpplications submitted by the lretitiore r with a requcs- 1. ol.ltate his name and issue E-Pattar.lar Passbook and also thr' r-c rc rt of respondent No.4 and the fac t thnt []tere is no interirr r)r:t(' in A.S-No.7 of 2024 and pass apprrtprir te orders strictly :r'i :.,rcordance with law by putting tJre pctit oner and dcfencl:r-rt "l:rs.1 Srishilrnr li/o. Kunta ah and Sri Manda Papai,rh Si./o. Nar'aah, and 2 of the said suit i.e, S:i V:eraboina on not (r(' r, r r .l affording them an opportunity. Thc gr evance of Lhe pe titiorcr is that, inspite of the order of 'his Court in W.P.N<r ll4r'r 1'1 of 2024, dated 02.O9.2024, th: rr spondent authoritier, r'jected the claim ol the petitioncr ui,le: n'rpugned proce(t:r11ls.
2. (-cn:;rc ered the submissions of the learn,:d coun;el for the petitio:.rci' ; r:d Sri L.Ravinder, learned Assis[an', (i( vernment Pleacl,'r 16r' i;161,g111-lg appearing for responden I Nos. 1 to 3 and u,ith tlreir r-i nsent, this writ petition is being ,iisltosr:r o[ at the admisr;ion :;,age. In view of the nature of rr'lief sought for in J CVBR, J Wp_9164 2025 this writ petition, issuance of notice to respondent No.4 is dispensed with
3. Learned counsel for the petitioner has - fairly submitted that respondent No.2, duly taking inlo consideration of the judgment and decree in O.S.No.65 of 2010 and also the orders \ \ passed by this Court in W.P.No.24O19 of 2024, dated O2.O9 .2024 , has rejected the claim of the petitioner uide impugned proceedings, permitting the petitioner to file online application in appropriate module in Dharani Portal after obtaining necessary orders in the pending appeal.
4. In view of the above submissions and since it is stated by the learned counsel for the petitioner that the appeal suit instituted by the petitioner aggrieved by the judgment and decree in O.S.No.65 of 2010 and I.A.No.4O of 2024 in A.S.No.7 of 2024 are pending consideration, this Court is of the opinion that the ends of justice would be met if the petitioner is permitted to pursue I.A.No.4O of 2024 in the pending appeal and after obtaining necessary orders i.e. restraint/stay orders in the appeal, the petitioner is at liberty to make appropriate application requbsting respondent No.4 not to amend the entries in the revenue records pending disposal of the appeat. r 4 CVBR, J Wp 9164_2025
5. \\'irl tlre above observations, this Wnt Pt'tition is clisposed of. Th,.-'rc slr ril be no order as to cosls
6. lr.s. : ; rqucl, lhe miscellaneous petitionrr pend,r g, if any, shall s,l nr: - losed //TRUE COPY// SD/-t,. VIJAYA LAXMI SISTA.NT REGISTRAR r\S SECTION OFFICER To,
1. The Prir^crprl iecretary, Revenue Department' Secretariat fiitate of Telangana l-1''derabad.
2. The Dislrict (),rllector, Jagtial District, Jagtial' 3. The Tat^s,ldar Mallial Mandal, Jagtial District' 4. One C(l to .lF:l G MADHUSUDHAN REDDY' Advor;ate [OP JC] 5. Two C(ls tr: lrP FOR REVENUE, High Courtforthe State of Telangana
6. Two CD Cr;Pi'es. BSK BS J/ HIGH COi.'RI DATED:2610312025 ORDER WP.No.9164 ot 2025 I I o .I Y ,)\.,/.a.\ t4 i; 0?5 :, l -.-I l';'/ -'::,'/ 7 r- ,. I ."/ . -:l:'' DISPOSING OF THE WRIT PETITION WITHOUT CI]STS v 4z ,lt { // //