Khasim Sab v. 1. The State of Telangana

Counsel for the Petitioner: SRI G.RAJESHWAR RAO Counsel forthe Respondent Nos.1 TO 3: SRI L.RAVINDE t, AGP FOR REVENUE Counsel for the Respondent No.4: -- The Court made the following: ORDER HON'BLE SRI .'USTICE C.V. BHASKAR R"EDDY WRIT PETITION No.lO854 of 2O2S ORDER: This Writ Petition is filed praying this Court to declare the action of respondent No.3 in not considering the notice, dated

07.O3.2O25 issued by the petitioner not to make registratipf in respect of the land admeasuring Acs.2.OO guntas in Sy.No.31/AA3, situated at Ncelahalli Viltage, Dharoor Mandal, Jogulamba Gadwal District, in favour of third parties pending disposal of O.S.No. 1O7 ot 2016 and O.S.No.362 of 2023 on the file of the Junior Civil Judge, Gadwal, as illegal, arbitrary, violative of principles of natural justiie and also violative of Articles 14, 19,2L and 3OO A of the Constitution of India and consequently, prayed for other appropriate reliefs.

2. It is stated that the petitioner is the owner and possessor of the land admeasuring Acs.2.OO guntas in Sy.No.31/AA3, situated at Neelahalli Village, Daroor Mandal, Jogulamba Gadwal District. It is further stated that respondent No.4, by creating fraudulent documents, got registered the Gift Deed uide document No.766 of 1997 , dated 29.03. 1997 by impersonating the petitioner and basing on the said Gift Deed, he also instituted a suit for bare injunction uide O.S.No.IO7 of 2016 on 2 CVI]R, J Wp _ 10854_ 2025 .1. ;, the file of the.Iunior Civil Juclge, Gadu,al. It is further stated that, after ( oming to know about the fabricate d Gift Deed, the petitioner also instituted a suit uide O.S. '1o.223 of 2016 seeking for r:ancellation of the Registered Gift D'cd. It is further stated that lhe suit instituted by the petitioner \.as rejected on the ground that the land mentioned in the ear rer suit was not the same land mentioned in the Registered Gift t,:ed uide order ir-r LA.No.22ij of 2019. It is further stated that .r:spondent No.4 herein also filed I.A.No.1 10 of 2O16 in O.S. ,,to.1O7 of 2O16 seeking for grant of temporary injunct orr restraining respondents therein from interfering with his peaceful possession and enjoyment of the suit'schedule [,r()perty and the Principal Jtrnior Civil Judge, Gadwal, uide orclcr, dated

07.12.2016, dismissed the said petition. Aggrier r.rl by the same, respondent No.4 herein filed C.M.A.No.2 of 2O1i' before the III Additional District and Sessions Judge, Gadwal rnd uide ordcr, dated 14.O7..2017, the said appcal was allowed rnd challcnging the same, thr: petitioner filed C.R.P.No.3892 of :0l7 belbre this Court and u le order, dated 23.02.2023, this Cr r-rrt clisposed of the said C.R.P. directing the trial Court to disp,,se of the main suit' i.e., O.Sl.No. 107 of 2016 within a perior of three (O3) -ohth" from the date of receipt of a copy of hat order and 3 CVBR, J wp_10E54 2025 meanwhile, both parties were directed to maintain status quo over the suit schedule property' It is further stated that the petitioner also filed O.S.No.362 of 2023 seeking for declaration ofhistitleandrecoveryofpossessionandthesameispending. It is further stated that, pending adjudication of the said suit' when respondent No 4 is trying to regis[er the subject property in favour of third parties, the petitioner got issued a notice' dated 07.O3.2Cl25 to respondent No 3 not to make any registration in respect of the subject land Thc grievance of the petitioner is that, even after receipt of the said notice' dated 07.O3.2025, respondent No.3 did not copsider the same' ,i 3. Considered the submissions made by the learned counscl for the petitioner and Sri L Ravinder' learned Assistant GovernmentPleaderforRevenueappearingforrespondent Nos.lto3andwiththeirconsent,thiswritpetitionisbeing disposed of at the admission stage ln view of the nature of relief sought for in this writ petition, issuance o[ notice to respondent No.4 is dispensed u'ith' 4. Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents, has submitted that unless there is a prohibitory order not to entertain any transaction or any other orders passed as per the Standing 4 CVBR. J wp 10854 2025 Order 2 19 (b) of the Registra[ion Manual Par r-ll, Lhe revenue authorities are bound to entertain chango of the revenue records as per the procedure prescribed under the provisions of the Telangana Rights in Land and Paftadar Pas;books AcL,2O2O (for short "the Act 9 of 2O2O") and the Rule s mrr le' th<:reundcr.

5. It is settled law that the Registering . \uthr>rity is not having any power or authority to examine thr: documents and decide the ralidity or otherwise of the said rl:rcumcnts. Mere pendency ol the civil cases doe s not take arva_r, the rights of the parties. The petitioner has not obtained any prohibitory ordcrs from the competent civil Court for registratior r of the subject property in the name of third parties. Hence, tl c petitioner has not made out any case and the present r.rit petition is misconceiverl and the same is liable to be clismt s sed.

6. Accordingly, this Writ Petition is dismiss rd. 'l'here shall be no order Ers to costs.

7. As a sequel, the miscellaneous petitions rending, if any, shall stand dismissed. //TRUE COPY// SD/. K.MADHAVI ASIiISTANT REGISTRAR secrtJrcrrrcen To State of Telangana.

1. The Principal Secretary, Revenue Department' Secreta'iat' at Hyderabad' z. ifrJ oistrict Co"llector, Jogulamba Gadwal District' 5. iii" i".]{itoar, onarobr lVandal, Jogulamba Gadwal Di:;trict' ;. o;; ct io snr G.RAJESHWAR RAo' Advocate toPU')l 5. i;; dcrio-ci,Foc"R?"tEr.iui; nig-ri iorrt io|. the Srr rt'e of relangana, at Hyderabad. [OUT] Two CD CoPies 6 PSK TKS +..q. ,-jr. \ ,E tr, ilii.&, *e.a HIGH COURT DATED:1010412025 ORDER WP.No.10854 of 2025 ,//:'. :_:'-.* . :. ,..:\ 2 0 itP ?[?I .rO \'4. .s..,..,. .'-:: DISMISS!NG THE WRIT PETITION WITHOUT COSTS ?(cr s\x \,{