The High Court · 2025

Judgment

8. The state of Telangana Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. The Revenue Divisional Officer, Gadwal Division, Jogulamba Gadwal District. The Thasildar, Ghattu Manal, Jogulamba Gadwal District. The Sub Registrar, Jogulamba Gadwal District. y \?Frp.p..r, S/q.. Adelna, aged about 46 years, Occ. Agriculture, R/o. Aragidda Village, Ghattu Mandal, Jogulamba Gddwal Distr.ict. vadde Hanmanthu, s/9r -Mul!app?, aged about 57 years, occ. Agricurture, R/o. Raichur village and Mandal, Karnalaka State. vadde Jangllappa, s/oThippaiah, aged major, occ. Agricutture, R/o. Raichur village and Taluq,Karnataka State. !i{d_!r-a.r.r'epp.a, s/o. Karreppa, aged major, occ. Agriculture, R/o. H. No. 6-1-8411, Thimmappapet, Raichur Town and District, KErnataka state.

9. !i{v^a.p.elmathi, wo. Bheemanna, aged major, occ.Agricurture, R/o. H. No. 6-1 -841 1,-Thimmappapet, Raichur Town and District, Kainataka siate.

10.Guru.flaj.,_.Q/o. siddiramappa, aged major, occ. Agricurture, Rio. H. No. 6-1'8411, Thimmappapet, Raichur Town and District, K6rnataka State.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated. in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of RESPONDENTS Mandamus declaring the action of the 3rd respondent in not considering the pending representation dated 16-07-2018 and 21-Og-201g submitted by the petitioner for seeking implementation of the order of the 2nd respondent dated 21-o1-2O14 in file No. C14422t2o13 and also the injunction order passed by the Hon'ble Senior civil Judge, Gadwal in l.A. No. gg1/2013 in o.S. No. 7gt2o13 dated 19-08-2013 in continuing the ROR entries in the name of the petitioner in respect of agriculture land in sy. No.7g-8, admeasuring Ac.11_13 guntas at Yellanidoddi village, Ghattu Mandat, Jogulamba Gadwal District by withdrawing all the Government benefits which were being given to the respondents g to 10 based upon erroneous ROR entries of the above land which were made contrary to the order of the 2nd respondent and atso injunction order of the civil court, as illeg'al, unlawful, contrary to law and consequently direct the 3rd respondent to continue the RoR entries in respect of the above tand only in the name of the petitioner by duly implementing order of the 2nd respondent dated 21-01-2O14 and order of injunction granted by the civil court dated 19-08-2013 in respect of the above land by withdrawing all government benefits which are being enjoyed by the respondents 5 to 10 in respect of the above land based upon the illegal entries lA NO: 1 OF 2020 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 pteased To consider the representation dated 16-07-2018 and 21-og-201g submitted by the petitioner for seeking implementation of the slay order granted by the 2nd respondent dated 21-o1-2014 in file No. 4422t2013 and also the injunction order passed by the Hon'ble Senior Civil Judge, Gadwal in l.A. No. gg1/2013 in O.S. No' 79/2013 dated 19-08-2013 in respect of agriculture land in Sy. No. 7g-B, admeasuring Ac.11-13 guntas at Yellamdoddi village, Ghattu Mandal, Jogutamba Gadwal District by withdrawing all the Government benefits which are being given to the respondents 5 to 10 based upon erroneous ROR entries of the said tand, pending disposal of main Writ petition. Counsel for the Petitioner : SRI M DAMODAR REDDY counsel for the Respondent Nos. 1 to 4: AGp FoR REVENUE counsel for the Respondent Nos. 8 to 10 : sRl PAWAN KUMAR AGARWAL Counsel for the Respondent Nos. S to7 : ----- The Court made the following: ORDER i r I , .,.) HON'BLE SRI JUSTICE LA>(MI NARAYANA ALISHETTY o.1 ORDER: This writ petition is filed seeking following relief: "To declare the action of the 3rd respondent in not considering the pend-ing representation dated 16.O7.201b and 21.09.2019 submitted bg the_petitioner for seeking implementation of the order of the 2nd "respondent d.ot"d" 21-01.2014 in file No'C/4422/2013 anh. clk;o the injunction order passed bg the Honble Senior Ciuil Judge Gadttal in I'A'No'991/2013 in O.S.No.79/2013 dated 19.08.2013 in continuing the ROR entries in the name of the petitioner in respect of agriculture land in Sy./Vo-79-8, admeasuring Ac'11-13 gintas at yellamd"odd.i uiltage Ghattu Mandal Jogulamba badwal District bg withdranuing all the Gouentment benefits which were being giuen to the respondenfs B fo 10 iased" upon erroneous ROR entries of the aboue land uthich were made contrary to the order of the 2nd respondent and also injunction order of the ciuil court as illegal and arbitrary."

2. Heard Sri M. Damodar Reddy, learned counsel for the petitioner, learned Assistant Government' Pleader for Revenue and Sri Pawan Kumar Agarwal, learned counsel for respondent Nos.8 to 10. Learned counsel for the petitioner submitted that 3. petitioner is the owner and possessor of land admeasuring Ac.11-13 gts in Sy.No.79-8, situated at Yellamdoddi Village, Ghattu Mandal, Jogulamba Gadwal District (for short "the subject land"), having succeeded the same from his father. Af[Er demise of his father, petitioner fited an application for l- I I i I 2 :I \ , mutation of his name with respondent No.3 and respondent No.3 passed the proceedings uid.efile No.B/ LO7/2OO6in favour of petitioner and he also issued pattadar passbook and title deed in the name of petitioner and his name was being continued in the revenue records. While the matter stood thus, respondent Nos.5 to 7 were trying to interfere with the possession of the petitioner over the subject land, the petitioner Iiled a suit uide O.S.No.79 of 20 13 against respondent Nos.S to 7, on the file of learned Senior Civil Judge, Gadwal, for declaration of title and for injunction and in fact, injunction was granted on 19.08.2013.

4. Learned counsel for the petitioner further submitted that while the said suit was pending for adjudication, respondent Nos.5 to 7 have alienated the subject land in f.*rorr of respondent Nos.8 to 10 and basing on the said sale deeds, respondent Nos.S to 1O have approached respondent No.3, for mutation of their names and respondent No.3 rvithout notice to the petitioner has ordered mutation in the name of respondent Nos.8 to 10, by illegally rounding off the name of the petitioner. Aggrieved by the said mutation order of respondent No.3, petitioner preferred an appeal before respondent No.2 utde fie No.C/4422/2O13 and stay was granted on 2O.0L.2OL4, staying all further proceedings pursuant to the mutation proceedings 1 .. i_.4.,:J... . . .r,.._ '.,. 7 ,( _'t dated 22.O3.2O13. However, respondent No'3 is not implementing the order passed by respondent No.2. Aggrieved by the same, present writ petition is filed. Learned counsel for the petitioner further submitted that 5. subsequent to filing of present writ petition, the suit uide o.S.No.79 of 2013, filed by the petitioner on the file of learned Senior civil Judge, Gadwal was dismissed on 26.06.2024. Aggrieved by the same, petitioner preferred appeal uide A.S.No.34 of 2024 on the file of I Additional District Judge, Gadwal and the same is pending. He further submitted that in view of dismissal of suit filed by the petitioner, this writ petition may be disposed of with a liberty to the petitioner to pursue remedies available under law subject to result of pending appeal uide A.S.No.34 of 2024. In the light of the above, this Writ Petition is disposed of,

6. with a liberty to the petitioner to work out his remedies available under law subject to result of A.S.No.34 of 2024. There shall be no order as to costs. Miscellaneous petitions pending, if &fly, shall stand closed SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR k SECTION OFFICER //TRUE COPY// To,

1. The Principal Secretary, Revenue Department, Secretariat, The State of Telangana, Hyderabad. J'/. .. .'i- : :!.::..... : PVL LS Thasirdar, Ghattu Manar, Joguramba Gadwar District. 2' The Revenue Divisional officer, Gadwat Division, Jogulamba Gadwat District. 3' ',The 4. The sub Registrar, Joguramba Gadwar District. 5. One CC to SRt M DAMODAR REDDy, Advocate [OpUCJ 6 ONE CC tO SRI PAWAN KUMAR AGARWAL, AdVOCAIE [OPUCJ 7' to GP FoR REVENUE, High court for the State of retangana. ,Hirr""t 8. Two CD Copies Y? --!?::- L / ;lil / I I HIGH COURT DATED i2011112025 I \ \ ORDER WP.No.14085 of 2020 \ tl1 ISir ..i r6 t:a 12 rtc lt6 o i t . rl: t. DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ ,dR,4. Ya"*