High Court · 2025
Case Details
Acts & Sections
...RESPONDENTS Petition under Aiticte 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or Direction, more particurarry one in the nature of writ of Mandamus' decraring the action of respondent no.4 in not considering the I I online application in Dharani Portal in Court Case intimation application No.C1250001 1 129; dated 29 0 3 '2025 and written representation given by the petitioner on O2-O4.2025 to stop all the transactio ns/process in respect of petitioner's land admeasuring Ac 1-20 guntas in Sy No' 2751712 situated at Sarvail Village,NarayanapurlVlandal,Yadadri-BhuvanagiriDistrictasillegal'arbitrary' -unjust,violativeofArticlel4ofConstitutionoflndiaandconsequentlydirectthe Respondent No.4/Tahsildar not to remove petitioner name from the Dharani portal in respect of petitioner's land admeasuring Ac 1-20gunias in Survey No' 2751712 situated at Sarvair vilrage, Narayanapur mandar, yadadri-Bhuvanagiri District and not to incorporate the names and issue pattedar pass book in favour of unofficial respondents 5 to 9 in respect of petitioner's land admeasuring Ac 1-20 guntas ln Survey No. 275t7 t2 situated at Sarvail Village, Narayanapur Mandal, Yadadri. Bhuvanagiri District. IA NO:1OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition' the High Court may be pleased to direct the respondent no 4 to consider the online application in Dharani Portal in Court Case intimation application No'C|250001 1129' daled '29 'O3 '2025 and written representation given by the petitioner on O2'O4 '2025 fo(hwith' pending disposal of the above Writ Petition Counsel for the Petitioner:SRl' CH VENU KUMAR Counsel forthe Respondent NO 1 TO 4: SRI' L' RAVINDER AGP FOR REVENUE Counsel for the Respondent NO 5 TO 9 ;--- The Court made the following: ORDER HON'BLE SRI JI'STICE C.V. BHASKAR REDDY WRIT PETI TION No.l 1378 of 2o25 ORDER It is stated that the petitioner is the owner and possessor of the land admeasuring Ac.r.2o guntas in Sy.No.275, situated at Sarvail Village, Narayanapur Mandal, yadadri_Bhuvanagiri District, having purchased the same through registered sale deed bearing document No. 1632 of 2O05, dated 22.I2.2OO5. It is further stated that, basing on the said sale deed, the name gf the petitioner was mlrtated in ali the.revenue records and she was also issued pattadar passbook bearing No.T3or 70092646, dated 19.O6.2O1a under the provisions of the Telangana Rights in Land and Pattadar passbooks Act, 2O2O (for short ..the Act 9 of 2O2O,). It is further stated that, disputing the right and title of the petitioner, O.S.No.73 of 2O15 was instituted and an ex parte decree was passed on 09.O3.2016 and when the petitioner received notices in E.p.No.S2S of 2O16 hled by respondent Nos.S to 8 herein, the petitioner, having come to know about. the ex parte decree in the said suit, has filed E.A.Nos. 17 and 1g of 2O23 in the said E.P. and the same are pending. The grievance of the petrtroner is that,. pending adjudication of the said Execution Application, the unofficial respondents are taking steps to alienate 2 CVBR, J Wp 11378 2025 the subject property in favour of third parties relying upon the ex patle decree passed in O.S.No.73 of 2O15.
2. Considered the submissions made by the learned counsel for the petitioner; Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 4 and with their consent, this writ petition is being disposed of at the admission stage. In view of the nature ol relief sought for in this writ petition, issuance of notice to the unofficial respondents is drspensed with.
3. Learned Assistant Government Pleader for Revenue has vehemently contended that, as per the Standing Order 219 (b) of thc Registration Manual Part-ll, if any person objecting for registration, he has to obtain necessary restraint orders from the competent civil Court and the said orders alone are binding on the Registration Authority. In the absence of any restraint orders issued by the competent civil Court, the Sub-Registrar or the revenue authorities are not competent to refuse any document submitted [or registration.
4. Be that as it may, admittedly, in this case in O.S.No.73 of 2015, an ex p(trte decree was passed in the year, 2016 and thereafter, the decree holders have hled E.P.No.525 of 2O16 and t 1 / 3 *, ,,r9^'3,1ri nowhere in the affidavit it is stated by the petitioner that he filed necessary application seeking to set aside the ex pante decree and he has not filed any appeal against the ex parte decree graqted in favour of the decree holder. The pedtioner is not questioning the ex parte decree. Except stating that he filed E.A.Nos. 17 and lg of 2023 objecting for enforcement of the ex patte decree in E.P.No.525 of 2016, the petitioner has not placed any relevant material to grant any relief much less the reliel sought for in this writ petition' Therefore, this writ petition is devoid of merits and the same is jiable to be dismissed. However, liberty is granted to the petitioner to agitate his grievances before the competent civil Court either in the suit or pending E.p. 5. Accordingly, this Writ petition is dismissed. There shall be no order as to costs
6. As a sequel, the miscellaneous shall stand closed. petitions pending, if any, To, //TRUE COPY// SD/. L. VIJAYA LAXMI ASSISTANT REGISTRAR se$Bn oFFrcER
1. One CC to SRI. CH VENU KUMAR Advocate [OPUC] 2. Two CCs to Gp FOR REVENUE ,High Court for the State of Telangana 3. Two CD Copies o DD GJP HIGH COURT DATED:1610412025 I i ;>... t't' t: 18 AUB zIH t i) ( .9or,161-rF-O * a .t c.\ + i l I I I I I l i l I i i I I I I I t I I ORDER WP.No.11378 of 2025 DISMISSING THE WRIT PETITION WITHOUT COSTS