The High Court · 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 2nd and 3rd Respondents to not to change the revenue records relating to land to an extent of Acs. 2-38 guntas in Sy.No. 2651A of Bourampet Village, Gandimaisamma- Dundigal Mandal, Medchal-Malkajgiri Distri t, pending disposal of the present Writ Petition Counsel for the Petitioner: SRl. K DURGA PRASAD Counsel for the Respondent Nos.1 to 3: AGP FOR REVENUI: Counsel forthe Respondent No.4: --- The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.14156 of 2o25 ORDER: This writ petition is filed seeking following relief: "For the reasons stated in the accompanying affidavit, it is hereby prayed that the Hon'ble Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Wrii of Mandamus declaring the proposed action of the 2na and 3'd Respondents in entertaining the applications {rom 4d respondents and her family members for issue of Pattadar passbooks and title deeds in respect of land to an extent of Acs. 2 38 guntas in Sy.No. 265 / A of Bourampet Village, Gandimaisamma-Dundigal Mandal, Medchal- Matkajgiri District as illegal, null, void and arbitrary and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the interests of justice."

2. It is stated that the petitioner is a limited company incorporated as per the provisions of the Companies Act, 2013 and engaged in the real estate business. It is further statcd that the petitioner has purchased land admeasuring Acs. 2.30 guntas in Survey No.265, situated at Bowrampet Village, presently Dundigal-Gandimaisamma Mandal, Medchal-Malkajgiri District (for short, 'the subject land'), under a registered sale deed bearing Document No.9149 of 20OO dated 14. i 1.2000. It is further stated Sri S.Malla Reddy, who is the vendor of the petitioner, purchased land admeasuring Acs. 2.20 guntas in Survey No.265 of Bowrumpet Village under registered Sale Deed uide Document No.8375 of 2000 dated 08. 10.1996, having purchased the same from one Ch.Pentaiah and the petitioner has purchased land admeasuring Acs. 0.1O guntas from the said Ch.Pentaiah. It is further stated the petitioner along with one K.Ramanaiah, who is the owner of the land in other adjacent survey numbers to the subject land, made the subject land into layout with the permission of Gram Panchayat 1 l 2 CVBR, J M.P.No.14156 of 2O2S Bowrarnpet village and executed registered sale deeds n favour of several persons under the nature of layout plots and by virtlr: of the same, the subsequent purchasers raised basement, pre_caste wall:;, fencing etc.. It is further stated that the 4rh respondent's husband along \ /ith their sons sold the property in 1996 to one S.Malla Reddy, who is the vendor of the petitioner and nearly after 24 years of execution of the sa e deeds, the wife of the original owner in collusion with grandsons and gr rnddaughters filed O. S.No. 154 of 2022 and, obtained an ex parte decree dated 04 .Og.2O23 against the petitioner and others. Soon after coming t r knorv about the same. rhe per itioner filed a perrtion to set aside the said ex pane decree in o'S'No i 54 of 2022 and the said petition is pending on the rrle of , Additional District Judge, Medchal-Malkajgiri District. T re grievance of the petitioner is that the 4h respondent along with her famil1,. rnembers made an applicalion to the respondenl authorities for grant of plttadar passbooks and title deeds ald for conversion of the subject land.

3. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government pleader a ppearing for the respondents and with their consent, this writ petition is r>eing disposed of at the admission stage.

4. Learned counsel appearing for the petiloner vehemently contended that after obtaining necessary permissions from the Gram Panchayat, Bowrampet Village, the petitioner converted the subject land from agriculturai use to non-agriculturar purpose and e) ec.ited registered CVBR, J W.P.No.14156 of 2O25 sale deeds in favour of severai persons as making the said lands as house site plots. Learned counsel further contended that the 4h respondent suppressing the said facts has obtained an ex parte decree in O.S.No. 154 of 2022 over the subject iands purchased by the petitioner under registered sale deed uide Document No.9149 of 2000 dated 14.11.2O0O. Learned counsel for the petitioner further contended that the petitioner has filed an application seeking to set aside ex parte decree dated 04.O9.2023 obtained by the 4tt' respondent in OS.No.154 of 2022 and pending adjudication of the said application, relying upon the ex parte decree, lhe 4ft respondent along with her family members have made an application for grant of mutation and consequential issuance of pattadar passbook. Learned counsel for the petitioner further contended that as per Section 5(3) of the Telangana Rights in Land and Pattadar Passbooks Act, 7971 and rules made thereunder, before mutation or amendment of the revenue records, the revenue authorities have to issue notice to the persons who are interested/ affected by the said mutation/amendment of the revenue records or implementation of the said ex pdtie decree dated O4.O9.2O23 in O.S.No.154 of 2O22. Since the 3'd respondent-Tahsildar has not issued any notice to the petitioner as well as the persons who are interested and affected by virtue of the said ex parte decree, the present writ petition is fi1ed.

5. Learned Assistant Government Pleader appearing for the respondents has contended that the 4h respondent has oniy submitted an applicatioE $eking for amendment of the revenue records relying upon the I , i 4 CVBR, J V'.P.No.14156 of 2O25 ex porte decree dated O4.O9.2O23 passed in O.S.No. lS4 <,f 2022 and in the event of consideration of the said appiication by the respr,ndent No.4 or her family members, the respondent No.3 would follow the <,ue procedure laid down under law after issuing notice and considering tlre o tjections raised by the petitioner.

6. It is a settled law that as per Section 5 (3) of the ROR Act, 1971, all interested and effected parties and the persons, .vhose names are reflected in the revenue records are requried to be rssued notice for carrying out amendment of revenue records. The Ful1 Ben,:h of this Court in Chinnam Pandurangann a. Manddl Reaenue Officer. Seritingampattg Mandal and othersl held that before altering the revenue records, amendment of the revenue records, a notice is required .o be issued to a1l interested/ affected parties in cornpliance with the prir Lciples of natural justice.

7. In view of the above, the petitioner is perr nitted to make a representation duly enclosing al1 the necessary docume nts including the registered sale deeds and all other documents and in the event of such a representation submitted by the petitioner, the responder.: t authorities shall consider the objections of the petitioner before taking any action in terms of ti:e ex parte decree dated 04.O9.2023 passed in O.S.No. lict of 2022 and pass a reasoned order on the said representation of the petitior rer, in accordance with law. .-_ 1 AIR 2OO8 AP 15 l i I I i I I 5 CVBR, J W.P.No.14156 of 2O25 With the above observations, the Writ Petition is disposed of' B There shall be no order as to costs' Miscellaneous applications pending, if any, shall stand closed' SD/.P. PADMANABHA REDDY DEPUW REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 . The Principal Secretary, Revenue Department 2. The District Collector, Medchal-Malkajgiri, Medchal-Malkajgiri District. 3. The Tahsildar, Gandimaisamma-Dundigal Tahsil, IVedchal-tvlalkajgiri District 4. one CC to SRl. K DURGA PRASAD Advocate TOPUCI 5. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana. retariat, Hyderabad

6. Two CD Copies KKS BS b,' HIGH GOURT DATED:0210512025 ( ORDER WP.No.14156 of 2025 ,.- t r1t sf 13 JUN ;6 (Sr o A So41gi1r- ) 1) ,9 t I /z ,/< t DISPOSING THE WRIT PETITION WITHOUT COSTS