HON'BLE SRI JUSTICE C v. BHASKAR REDDY

2. Ms. Trisha Manchala, D/o. Late. lt/anchala Ramu, Age 21 years, Occ Student, Rl/o. Flat No. 10'1 , Bharadwaja Nialayam, Machilibazar Road, Brahmanwada, Hanamkonda, Hanamkonda District, presently residing at 64'1 , West Tramonto Drive Mountain House, California-95391, USA. Both the petitioners are represented by their GPA Holder, Smt. Vijaya Laxmi Lakkarsu, W/o. Rajashekaram Lakkarsu, Age 62 years, Occ Housewife, Rl/o. FIat No. 101 , Bharadwaja Nialayam, Machilibazar Road, Brahmanwada, Hanamkonda, Hanamkonda District ...PETITIONERS AND Department, Secretariat, Hyderabad. 'I . The State of Telangana, Rep. by its Principal Secretary, Revenue 2. The District Collector, Yadadri Bhongiri District at Bhongiri 3. The Revenue Divisional Officer, Rajapet Division, Rajapet, Yadadri Bhongiri District.

4. The Tahsildar, Rajapet lvlandal, Yadadri Bhongiri District. 5. M. Gopi Krishna, S/o. NI. Durvasulu, Age 49 years, Occ Software Engineer, R/o. 3290, Carpenterway, San Ramon, CA-94582.

6. Smt. lVlanchala Sulochana, W/o. lVanchala Durvasulu, Age 67 years, Occ Housewife, Presently residing at RJo. 3290, Carpenter way, San Ramon, CA- 94582 ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly a Writ of Mandamus by declaring the action of the respondents 2 to 4 in trying to issue the pattedar pass book and title deed in favour of respondents 5 and 6 by way of succession in respect of the entire land admeasuring Ac.1.36 gts in Sy.No. 6571311, admeasuring Ac.3.12 gts in Sy.No. 7841C and ademeasuring Ac.'1 .20 gts in Sy.No. 784/D, total to an extent of Ac.6.28 gts, situated at Neerukulla Village, Athmakur IVandal, Hanamkonda District, though the petitioners are aiso successors of the onginal pattedar and inspite of submitting re presentations, as nothing but illegal, arbitrary, abuse of process of law, violation of principles of natural justice, and contrary to the rules and consequently direct the respondents 2 to 4 not to issue the pattedar pass book and title deed in favour of the respondents 5and 6 through succession for the entrre extent of land admeasurrng Ac.1.3(; gts in Sy.No. 6571311, admeasuring Ac.3.12 gts in Sy.No. 7841C and ademeasuring Ac.1 .2O gts in Sy.No. 784/D, total to an extent of Ac.6.28 gts, situated at Neerukulla Village, Athmakur [\4andal, Hanamkonda District, by considering the representation submitted by the petitoners, in the interest of Justice lA NO: 't OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed rn support of the petition, the High Court may be pleased to direct the respondents 2 to 4 not to issue the pattedar pass book and title deed in favour of the respondents 5 and 6 through succession for the entire extent of land admeasuring Ac.'l .36 gts in Sy.No. 6571311, admeasuring Ac.3.12 gts in Sy.No. 784lC and alemeasuring Ac.1 .20 gts in Sy.No. 784/D, total to an extent of Ac.6.28 gts, situated at Neerukulla Village, Athmakur l\4andal, Hanamkonda District, by considering the representation submitted by the petitioners, pending disposal of the above writ petition Counsel for the Petitioner: SRI S. SURENDER REDDY Counsel for the Respondent Nos. 1to4: GP FOR REVENUE Counsel for the Respondent Nos.5&6: --- The Court made the following: ORDER . uJ:.4=Y t.': / HON'BLE SRI JUSTICE C. V. BHASKAR REDDY 1 l ORDER: WRIT PETITION No.1378 2 of 2025 This writ petition is filed seeking to declare the action of respondent Nos.2 to 4 in trying to issue the pattadar passbook and title deed in favour of respondent Nos.S and 6 by way of succession in respect of the land admeasuring Ac.1.36 gts., in Sy.No.657/3/1, Ac.3.12 gts., in Sy.No.7B4/C and Ac.1.20 gts., in Sy.No.784/D, total admeasuring Ac.6.28 gts., situated at Neerukulla Village, Athmakur Mzindal, Hanamkonda District, even though the petitioners are also successors of the original pattadar and inspite of submitting representations, as illegal, arbitrary and for other appropriate reliefs.

2. Considered the submissions of the learned counsel for the respective parties and with their consent this writ petition is disposed of at the admission sragc.

3. It is stated that the land admeasuring Ac.1.36 gts., in Sy.No.657l3/1, Ac.3.12 gts., in Sy.No.784lC and Ac. 1.20 gts., in Sy.No.7B4/D, rotal admeasuring Ac.6.2g gts., situated at Neerukulla Vlll3g", Athmakur Mzrndal, Hanamkonda District, is the ancestral property and the petitioners are the co-sharers 2 CVBR, J \\,p_137 82 2025 '_.il of the said property and are entitled for equal share along with respondent Nos.S and 6. It is further stated that taking advantage of the petitioners residing in USA and their absence in the village, respondent Nos.5 and 6 are mal<ing efforts to mutate their names in the revenue records and obtain pattadar passbooks in respect of the subject property' I{aving coming to know the same, petitioner No.1 submitted representations to respondent Nos.2 to 4 requesting not to issue pattadar passbooks to respondent Nos.5 and 6 alonr: through succession ilnd to issue pattadar passbook in her favour in respect of her share of land through succession However, no orders have been passed acting on the said re pre sell tations ' Hence, the ltresent u'rit petition.

4. Learncd counsel for the petitioners has submitted that aclmittedly., the petitioners are the absentee pattadars and are claiming succession rights over the subject property in Sy.Nos.657l3 11,784 lC and784 lD.lt is the flrrther submitted that the said property is a joint famil1' propertv and there "r'as no legal partition arnong the co-sharers. :;..7- .: .' '.4t' , / 3 CVBR, J wp 13782 2025

5. Learned Assistant Government pleader appearing for the respondents submitted that in the absence of any prohibitory orders issued by the competcnt Civil Court restraining alienation/ tran sfer of the subject property, the Tahsildar/Sub_ Registrar, who are statuLory authorities under the statutes are not having any power or right to refuse to entertain transactions or to issue pattadar passbooks and if the petitioners are claiming any rights as co-sharers, they are at libcrty to approach the competent Civil Court and obtain injunction protecting their interest over their share of the subject property.

6. In view of the above said submissions, this Court deems it appropriate to dispose of [he writ pctition relegating the peLitioners to approach the compe tent Civil Court and obtain an order of injunction protecting their interest over their share of the subject property in accordance with law. Further, after obtaining inj unction in their favour over their sharc of the suit property, the petitioners are at liberty to make a representation before respondent No.4 seeking to prohibit any transactions or alienation/ transfer of the subject property and not to issue pattadar passbooks respect of the subject property to t I 4 CVBR, J wP 13782 2025 t. + 'i respondent Nos.S and 6 and on filing sucl-r rcprescntation, respondent No..1 shall considcr the same in accordance u,rth law.

7. With the above observations, this Writ Petitit;n is disposed of. Therc shall be no order as to costs. As a secy.rel thereto, miscellaneous petitions, rl any, pcnding shall stand closed. //TRUE COPY/i SD/. K. AMMAJI PUTY REGISTRAR DI - =' To, 1 2 3 The Princip al Secretary, Revenue Department, S The District Co lector, Yadadri Bhongiri District at Bhongin The Revenue Divisional Officer, Rajapet Division, Rajapet, Yadadri Bhongiri District.

4. The Tahsildar, Rajapet Mandal, Yadadri Bhongiri District s. one CC to SRl. 5. SunrNoeR REDDY, A.dvocate [oPUC] O. f*o CCs to GP FOR REVENUE,High Court for the State of Telangana at 7. Two CD Copies Hyderabad [OUT] BM GJP % .-.: , -- li'l rri. ( J 14 i 1 1 JUL 2025 .',.,r i, jl {.lt:7i !!;.,, ort-,-,',"-" i1/ - :a'-' -:-z HIGH COURT DATED:3010412025 o t * ORDER WP.No.13782 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS { I