High Court · 2025

Petition under Article 226 of lhe 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 directton more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos.1 to 5 herein more particularly the 5th respondent in not considering the representation dated 18.04.2025 made by the petitioner herein from stopping the mutalion proceedings initiated by 6th to 8th respondents in respect of Sy.No.433/AA2 admeasuring Ac.0.14 gts., Sy.No.433/AA1 admeasuring Ac.014 gts., Sy.No.433/AA admeasuring Ac. O. 12 gts., Sy. No . 433 / A admeasuring Ac. 1. 00. gts. , total an extent of Ac.2.00 gts., situated at lr/amidipally Village, Sanga Reddy lt/andal and District, Telangana, Pattadar and Title passbook vide No. T09080051209 and Khata No.20396 as illegal, arbitrator and violative of Article 14, 21 and 300-A of the Constitution of lndia and consequently direct the responderrt Nos.1 to 5 more particularly 5th respondent to considered the representation dt.18.04.2025 and to stop the mutation proceedings in favour of 6th to 8th respondents based on Judgment and Decree vide o.S.No.21 of 2O14 passed by th: Prl. Senior civil Judge, Sanga Reddy District at Sanga Reddy Judgment and De:ree d1.21 .1O'2024 as the petitioner is not a party to the said suit which is not bindirrg on the petitioner herein- lA NO: 1 OF 2025 Petition under section 151 CPC praying that in the circutnstances stated in the affidavit filed in support of the writ petition, the High Court 'nay be pleased to direct the 5th respondent to stay the mutation proceedirgs in respect of Sy.No.433/AA2 admeasuring Ac.O.14 gts., Sy. No .433 /AA1 arlmeasuring Ac.014 gts., Sy.No.433/AA admeasuring Ac.0.12 gts., Sy.No.43,3/A admeasuring Ac.1.00gts., total an extent of Ac.2.00 gts., situated at Mamidipally Village, Sanga Reddy lvlandal and District, Telangana- Pattadar and Tit e passbook vide No.T0908005'1209 and Khata No.20396 pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI NIKADI VENKATESH Counsel for the Respondent Nos.1 TO 5: AGP FOR REVENUE Counsel for the Respondent Nos.6 TO 8: - The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.1372O of2025 ORDER: This writ petition is hled seeking following reiief: "Fo/ tLLe redson-s stated in the accoftLpanAing alfdauit, it ts hereby praAed thdt this Hon'ble Coud maA be pleased ro issl.e a unt, order or dtrection tnore parTicu[arlA one in the nature of Writ of Mandarnus declairtg the actiort of the- Respotld.ent lr'os. I to 5 herein more particulorlg the Sth respondent in not considering the representalion dated 18.04.2025 rnade bg the petitioner herein from stopping the mutation proceedings tnitidted bA 6'h to &h respondents in respect of SA.N1.433/AA2 ddmeasuing AcO.14 gts., Sg.No.433/AA1 admeasuring Ac.)14 gts., Sy.No.433/AA admeasunng Ac.O.12 gts., Sg.No.433/A admeo.sunng Ac. l.Oo.gts., totat a4 extent of Ac.2.0O gts., situated at MarnidipaltA vittage, Sanga Reddg Mandai arul Di.strbt, Telangana, P@ttadar and Title passbook uide No. 7D9080O51209 and Ktntd No.20396 as iltegat, arbitrator and uiotatiue of Arlicle 14,21 and 30O-A of tle Constitutian of India and con-sequenttg direct the respondent Nos. 1 to 5 more particularlg Sh respondent to constdered the representdtion dt. 18.O4.2O25 and to stop the mutatio.L proceedings in fauour of 6h to Eh respondertts based on Judgment dnd Decree uide O.S.N2.21 of 2O14 passed. bg the Hon'ble Prl.Senior Ciutl Judge, Sangd ReddA Dbtnct dt Sdnga Reddg Judgment and Decree dt.21.1O.2O24 ds the petitioner is not a partg to the satd suit ulhich is not binding on the petitioner herein and, pass such otlrcr order or orders as l lon'ble Court deem fit dnd proper in the cironstances of the case-" 2. It is stated that the petitioner is pattadar and possessor of the agricultural land admeasuring Acs. 0.14 guntas in Survey No.433/AA2, Acs. 0.14 guntas in Survey No.433/AA1, Acs. 0.12 guntas in Survey No.433/AA and Acs. 1.OO guntas in Survey No.433/A, total admeasuring Acs. 2.00 guntas, situated at Mamidipaliy Vi1lage, Sanga Reddy Mandal and District (for short, 'the subject land'), having purchased the same from one Mohammed Abdul Muqthadeer through registered Sale Deed bearing Document No.53253 of 2Ol9 dated 1 t.O7 .2019 and the petitioner's name was mutated in the revenue records and pattadar passbook and title deeds were also issued in favour of the petitioner uide Passbook No.T09080051209 and Khata No.2O396. It is further stated that respondent Nos.6 to 8 filed a suit uide O.S.No.2i of 2Ol4 on the file of Principal Senior Civil Judge, Sanga Reddy District, against one Jamalpur Chandra Kumar, who sold the subject land to one Mohammed Abdul Muqthadeer, who is the vendor of the -' -' ..1 2 CVBR, J ... W.P.No. 1372O of 2O2S petitioner and judgment and decree was passed r r the said suit on 21'10 2024 and petitioner is not a party to the said sui.. It is further stated that basing on the said judgment and decree, responcrent Nos.6 to g have filed online appricarion for mutation of their names in rrspect of the subject Iand. Thc grievance of the petitioner is that hr has submitted a representation on Ig.O4.2025 to the 5e respondent requesting not [o entertain the application submitted by respondent Nos.6 to g and to stop the mutation proceedings in favour of respondent Nos.6 to g. Hence, the present writ petition.

3. Considered the submissions made by the lea.necl counsel for the parties and with their consent, this writ petition is lisposed of at the admission stage' In view of the nature of relief soug ht for in this writ petition, issuance of notice to respondent Nos.6 to g is dispensed with.

4. Learned counsel for the petitioner contende,r that the revenue authorities do not have any power or authority to implernent the judgment and decree dated 21. 1O.2O24 passed by the principal S;enior Civil Judge, Sangareddy District, in O.S.No.21 of 2074, which was obtained by respondent Nos.6 to g. It is submitted that the decree hold ers are required to approach the competent civil court by instituting an lDxecution petition under order XXI Rure 32 0f the code of civil procedure, 1!,0g, and only after issuance of nodce to all the interested and affected parties, the said judgment and decree be impremented in accordance with lerw. E -------;::wl:-- .*--+'ir.- - < 3 CVBR, J W.P.No.13Z2O of 2025 5. A Full Bench of this Court in Chinncl.m pand.urangam Mandqt Reaenue officer, seritingampaltg Mandat and. otherslheld that, al1 the persons, who are affected by the grant of succession, mutation, amendment or rectification of revenue records, are entitled for issuance of notice and non-issuance of notice would amount to vioration of principles of natural justice and contrary to provisions of Telangana Record of Rights and Pattadar Passbooks Act. u. I

6. In view of the above submission and in view of the settled legal position in Chinnam pandurangam,s case (supra), the ends of justice would be met if the petitioner is permitted to make an application on the file of the 4th respondent with regard to his grievance and in the event of such an application being made by the petitioner, the 4tn respondent shalr consider the same strictly in accordance with law and as per the procedure contemplated under the provisions of the Telangana Bhu Bharati (Record of Rights in Land) Act, 2O2S and Rules made thereunder before altering or amending the revenue records in respect of the subject land.

7. With the above observations, this Writ petition is disposed of. There shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed. AIR 2008 AP 15 To //TRUE COPY// SD/. L. VIJAYA LAXM tsT SECTION OFFICER

1. The Principle Secretary, Revenue, Secretariat, erabad, State of 2 Telangana. The Commissioner of Land Administration, Nampally, Hyderabad, Telangana State.

3. The District Collector, Sang-a Reddy District, Telangana Srate. 4. The Revenrre Divisionar officer,.sanga neo'oy oiitiiii,leinlana state. -/ 2. Ihe r-ahasitdar, s91q:a 3.9qoy ttltaiJ;t ;il ;,ltrict, reianiinZ Si;t":"* 6. One CC to SRt NTKADI_VENKATESH, Advocate lOeUCi'.. 7. Two ccs to Gp FoR REVENUE, High court toi tre slite of rerangana, at 8. Two CD Copies Hyderabad. [OUT] - -'-'" PSK. BSR fr- El,:; -Xr.r, ) HIGH COURT DATED:3010412025 \ \ ORDER WP.No.13720 of 2025 RL) 1HE S I,1 ,6 * o.) 9,+ 16,rur 26 fl\( a Dr-^ DISPOSING OF THE WRIT PETITION WITHOUT COSTS t\ crd"b 5