High Court · 2025

At. Secretariat. Hyderabad,'T.5.-5000rr.'- -vvrv!vr'' The District Collector, Warangal District-506001. The Revenue Divisional Officer, Warangal Division and District_506001 The Tahsildar, Parvathagiri Mandal, Warangal Districl506365. Chittimalla V_enkatesharlu. S/o. Late Narsaiah, Aged 4g years, Occ. Agriculture, R/o. H.No 1-72, Konkapaka Viliafie, "Cr.,rtf.,rjiii"'-firrnl"J, Warangal District-50636S. 6 lajjlkeshavula Ramakrishna, S/o. Late Rajaram, Aged about. 36 , Occ. Pvt. Employee, R/o. LIG- 1'1 5, Ramchandrapur6m, Vt'eOa'k District. ...RESPONDENTS Petition under Article 226 0f rhe 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 or directions more particurarry, one in the nature of writ of tVlandamus declaring the orders, dated. 30-06-2024 passed by the 4th respondent and the Orders, dt.27-02-1gg5 passed in R.C.No. ROR/B/196/95 by the Mandar Revenue officer, parvathagiri Mandar, warangar District (4tl ) respondent) in respect of the agricultural land bearing Sy. No. 522, I I I I I adm.Ac.9-21gts., situated at Konkapaka Village, parvathagiri Mandal, warangal District as illegal, bias, arbitrary, misuse and abuse of power and process of law, void ab-initio, fraud, violation of the principles of natural justice, nullity and non- est in the eye of law, violation of the Fundamental and constitutional Rights guaranteed to the Petitioners underArticle 14,21,300-4 etc., of the constitution of lndia and not binding on the petitioenrs, hit by section s(3) of the Andhra Pradesh Rights in Land and Pattadar passbooks Act, r971 and consequenity direci the 4th respondent to conduct a fresh enquiry by considering the documents filed by the Petitioner No.1 along with the representation, dated. 19- 01-2024 submitted to the 4th respondent. 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 4th respondent to not to mutate the name of the Sth respondent in respect of the agricultural land bearing Sy. No. 522, adm.Ac.g-2'1gts., situated at Konkapaka village, Parvathagiri Mandal, warangal District pending disposal of the present Writ Petition. Counsel for the Petitioner: SRI M.SHANKAR Counsel for the Respondent No.1 to 4: AGp FOR REVENUE The Court made the following: ORDER I THE HON,BL E SRI JUSTICE C.V.BHASKAR REDDY ,- WRIT PETITION No.1O672 of2025 / ORDER: This writ petition is filed seeking lollowing reliel "For the reasons stated in the accompanying afhdavit, it is hereby prayed that this Hon'ble Court may be pleased to issue an appropriate writ or directions more particularly, one in the nature of Writ of Mandamus declaring the Orders, dated: 30- 06-2024 passed by the 4th respondent and the Orders, dt.27-02-1995 passed in R.C.No. ROR/B/196/95 by the Mandal Revenue Ofhcer, Parvathagiri Mandal, Warangal District (4d respondent) in respect of the agricultural land bearing Sy. No. 522, adm.Ac.9-21gts., situated at Konkapaka Village, Parvathagiri Mandal, Warangal District as illegal, bias, arbitrary, misuse and abuse of power and process of 1aw, void ab-initio, fraud, violation of the principles of natural justice, nullity and non-est in the eye of law, violation of the Fundamental and Constitutional Rights guaranteed to the Petitioners under Article 14, 21, 3OO-A etc., of the Constitution of India and not binding on the Petitioners, hit by Section 5(3) of the Andhra Pradesh Rights in tand and Pattadar Passbooks Act, 1971 and consequently direct the 4rh respondent to conduct a fresh enquiry by considering the documents hled b1' the Petitioner No.l along with the representation, dated: l9-Ol -2024 submitted to the 4th respondent and pass such other order or orders may decm fit and proper in the circumstances of the case."

2. It is stated that the 1 st petitioner is the husband late Sri Vajjakeshavula Bhaskara Chary and 2nd petitioner is her son. It is further stated that lst petitioner along with her children have acquired the agricultural land admeasuring Acs. 9.21 guntas in Survey No.522, situated at Konkapaka Village, Parvathagiri Mandal, Warangal District (for short, 'the subject propertyJ from her husband, who died intestate on O6.08.2013 and the petitioners are in peaceful possession and enjoyment of the subject property. It is further stated that the l$ petitioner made applications dated

05.05.2023 and 06. 1 1.2023 to the 4th respondent with a request to mutate I 2 CVBR, J ,' W.P.No.10672 of 2025 '.1 her name in the revenue records as pattada-r and possessor of the subject property and issue pattadar passbook and title deeds in favour of the petitioner with consent of her children and the l"t petitioner has also made an application dated 14.09.2023 to the 2"d respondent through online. It is further stated that since the applications of the l"t pctitioner were not considered, the l"t petitioner was constrained to filed a writ petition uide W.P.No.5467 of 2024 before this Court artd this Court by order dated

29.o2.2o24 has drsposed of the said writ petition directing respondent Nos.2 to 4 therein to consider the I st petitioner,s Dhzrrani application No.230O141979 dated 14.09.2023 for mutating her namc in the revenue records (Dharani Portal) and for issuing e-pattadar passbook in respect of the subject propcrty. It is further stated that oo 2O.O3.2O24 the 1st petitioner has submitted a representation to respondent Nos.2 to 4 requesting to implement the order dated 29.O2.2024 passed in W.p.No.S467 of 2024. It is further stated that the 5e respondent filed a suit uide O.S.No.2864 of 2022 on the file of the principal Junior Civil .Judge, Warangal seeking to grant permanent injunction restraining the petitioners from interfering with his peaceful possession and enjoymenl of the subject property and the said suit is pending for adjudication. The grievance of the petitioners is that the 4e respondent has issued the impugned order dated

30.06.2024 uide proceedings No.A/ lg4 12024 stating that in view of the pendency of the suit in o.s.No.2864 of 2022 between the petitioners and the 5ft respondent, the Dharani application No.230O141979 dated 14.Og.2023 3 CVBR, J W.P.No.1O672 of 2025 submitted by the 1st petitioner cannot be considered for mutating her name in the Dharani Portal. Hence, the present writ petition.

3. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is disposed of at the admission stage.

4. Learned counsel for the petitioners contended that since from the ancestors onwards, the petitioners are in possession and enjoyment of the subject property, which stands in the name ol the deceased husband of the l st petitioner.

5. From the perusal of the impugned order dated 30.06.2024 passed by the 4ft respondent, it is seen that the 5ff respondent's father Sri Chittimalla Narsaiah purchased the subject property from one Sri Vajjakeshavula Gouraiah in the year 7979 and his name was mutated in the revenue records and pattadar passbook and title deeds were also issued and the subject property was classified as patta kunta (water body) since 1954 and after the demise of his father, the land was not mutated in the name of the 5d respondent due to its classification as water body and the Sfr respondent also instituted a suit uide O.S.No.2864 of 2022 on the lile of the III Additional Junior Civil Judge, Warangal. It is further stated in the impugned order that upon verihcation of the Dharani Portal, the subject \ ( land is recorded in the pattadar column as Iriigation Shikam/water body with the Notional Khata No.2OO0O501. It is also stated in the impugned *= W.P. No. 1O672 of 2O25 order that in vieu' of the civil disputes which are pending between the parties, the Dharani application No.230O141979 dated 14.09.2023 filed by 11r. 1st petitioner cannot be considered for mutating her name in the Dharani Portal

6. This Court has carefully examined the documents enclosed in support of the u'rit petition and the 4e respondent, after verif'ication of records,hasrightlycometoaconclusionthatthereisatitledisputebetween the parties and revenue authorities are not competent to either classify the lands or issue pattadar passbook pending adjudication of the title disputes. Accordingly,theDl-raraniapplicationNo.23Ool4lgTgdated|4.o9.2023filed, by the lst petitioner was not considered for mutating her name in the Dharani Portal antl the same was rejected' Therefore, the impugned order dated 3o.06.2024 passed by the 4ft respondent-Tahsildar does not suffer from any legal inhr.mities warranting interference of this court under Article 226 of the constitution of India and the writ petition is liable to tre dismissed. 7 Accordingly, this Writ Petition is dismissed' There shall be no order as to costs. Miscellaneous apPlications pending, if any, shall stand closed ,TRUE COPY// . LAKSHMI BABU 3:t* REGTSTRAR --sD/:I \\"- I 'srcrroru oFFrcER I To, '1 . One CC to SRI M.SHANKAR, Advocate [OPUC] 2. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

3. Two CD Copies BSR GJP ,1 l HIGH COUFIT DATED:091Ct412025 ::---:_ i rlL . l'rI tr t C (\ 17 JUN 2m ) z .\ \t rcHEo ORDER WP.No.10672 of 2025 DISMISSING THE WRIT PETITION, WITHOUT COSTS D 4Z ,////,25