Mohd. Sultan Mohiuddin v. 1. The State of Telangana

Counsel for the Respondent Nos. 1to3: GP FOR REVENUE Counsel for the Respondent Nos.4&5:-- The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.13193 of 2o25 ORDER It is stated that the petitioner is the owner and possessor of the iand admeasuring Acs.4.O7 y2 guntas in Sy.No.48, situated at Bommakal Village, Karimnagar Mandal and District, having purchased the same through registered sale deed bearing document No.431 1 of 2003, dated 2O.08.2003. It is further stated that basing on the sa-1e deed, the revenue authoriLies incorporated the name of the petitioner in all the revenue records and he was issued pattadar passbook bearing No.28O72l uide Patta No. 1085 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 and the Rules made thereunder. It is further stated that when disputes arose over the subject property, a suit uide O.S.No.27 of 20 13 came to be filed before the Principal District and Sessions Judge, Karimnagar, which was dismissed on

05.O2.2O25 and the petitioner herein is defendant No.11 in the said suit. It is further stated that the petitioner also hled F-Line application, dated O4.O3.2O25 seeking for conducting survey and demarcation of the subject land and when the said F-Line application was not considered, he was constrained to hle I i I I I 2 CVBR, J Wp 13193 2025 W.P.No.12487 of 2025 before this Court arrd uide order, datecl

24.04.2025 , this Court directed the respondent authorities therein to conduct survey in pursuance of the F-Line application, dated 04.03.2025. The grievance trf the petitioner is that pending conducting of survey of the subject land, at the instance of respondent Nos.4 and 5, respondent No.3 is entertaining sale transactions over the property, which was purchased by him through the registered sale deed. 2. Considered the submissions made by the lcarned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3 and with their consent, this writ petition is being disposed of at the admission stage. In view of the nature of relief sought lor in this writ petition, issuance of notice to the unofficial respondents is dispensed with. 3. Sri L.Ravinder, lcarned Assistant Government pleader for Revenue, has submitted that unless there is a prohibitory order not to entertain any transaction or any other orders passed as per the Standing Order 219 (b) of the Registration Manual part_ II, the revenue authorities are bound to entertain change of the revenue records as per the procedure prescribed under the provisions o[ the Telangana Rights in Land and pattadar w 3 CVBR, J Wp_ 13193 2025 Passbooks Act, 2O2O (for short "the Act 9 of 2020,) and the Rules made thereunder.

4. It is settled law that the Registering Authority is not having any power or authority to examine the documents and decide the validity or otherwise of the said documents. Mere pendency of the civil cases does not take away the rights of the parties. Since it is stated that respondent Nos.4 and 5 are making efforts to alienate the subject property in favour of third parties, it is for the petitioner to approach the competent civil Court to file appropriate application to obtain prohibiting alienations over the subject property.

5. Accordingly, this Writ Petition is disposed of relegating the petitioner to approach the competent civil Court and file appropriate suit and obtain orders prohibiting alienations over the subject property. There shall be no order as to costs.

6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/- K. AMMAJI DEPUTY ry.EGISTRAR \ secrr6ru'orrtcEn \ To, Hvderabad.

1. The Principal Secretary, Revenue Department' Secretariat Building' z i6e oiJri"t collector, Karimnagar District .. 5 iil; i;ti;il"1 xiiimhagri Au;l and Mandal' Karimla-sar District ; ci;:, bti;"-sni. o V. r-l r'r cHARYULU, Advocate [oPUCl i. iJtll EE" t"-'op ron nevENiui 'H'sh 6. Two CD CoPies court for ihe state of relansana at Hvderabad [OUT] BM TJ I . '.-._--. I ,..,.. :.) 2sJUI m C, I aE5rraliH * I HIGH COURT DATED:2910412025 ORDER WP.No.13193 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS b