✦ High Court of India · 09 Jun 2025

High Court · 2025

Case Details High Court of India · 09 Jun 2025
Court
High Court of India
Decided
09 Jun 2025
Length
2,072 words

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'appropriate Writ Order, direction, more particular one in the nature of Writ of [Vlandamus to call for the records and to declare the orders passed by the Respondent No.4 in endorsement file No.B/29612025 dated 18to3t2025 is arbitrary, illegal and against the Principles of Natural Justice and to direct the Respondents No. 2 to 5 to issue Patta Pass Book and Title Deed in favour of writ petitioner in respect of subject agricultural land to an extent of Ac.6-00 gts. out of Ac.14-27 gts. in Sy.No.'l 271 and land to an extent of Ac.6-00 gts. out of Ac.'10-34 gts. in Sy.No.1274 tolal admeasuring Ac-12-0O gts., situated at Nandigama Village and Mandal, Ranga Reddy District. & lA NO: 1 OF 202!; Petitio r Lrnc err section '151 cpc praying that in the circrmstances stated in the affida\ it iiro'i in support of the petition, the High coL rt rr ay be preased to direct the R()si,,o1Cent. No.4 and 5 not to entertain any :jort 3f registration in respect of writ rorilioner's rands to an extent of Ac.6-00 gts. oul of Ac.14_27 gts. in Sy.No. 1 /7 1 86 to an extent of Ac.6_00 gts. r:ut of /\c.10_34 gts. in Sy.No.'1274, oil il(imeasuring Ac.12_00 gts., covered as per s,)hedule property boundaries o L'rk Adarat Award case No. 149 0f 2022, Dt. 30- )4-2022 situated at Nandigam r '.ri r,l3e & Mandal, R. R. District through Rr;spo ndent No.6 and through his arte'.rt:; lA NO: 2 OF 2025 Petition unci€ r section 151 cpc praying that in the circurnstahces stated in the affidavil flled in support of the petition, the High court m€ y be preased to direct the offic ia FI:;pondents No.2 to 5 to consider the Writ petitioner,s online apprication with I)h;r'ani RC2500001010 and RC250000101.2 da..ed 1510212025, in conseque',*) 3f earrier onrine apprications No. R l23r)0006287 and RC23000062g'3 :ratr:'r 24206-2023 to pass the mutation orde-.r ar,d arso issue e- Patta Pass B tc < ;rnd Ti e Deed in the name of W rit l)etit oner and also incorporate he- in the Revenue Records and made entry i l onrine pahani as Pattedar in 'e:;pect of subject agricurture rand. to an extenl 0f r\c.6-00 gts. out of Ac.14-27 gtr,. n s;'/.No-1271 and to an extent of Ac.6-00 grts. .ut of Ac.10_34 gts' in sy.No -12t1 rotar admeasuring Ac.12-00 gts., fiituated at Nandigama Village 86 Mandat. I?anga Reddy District by deleting the su rjecl land from the Title Deed cr m Ir lss Book No.T05190055102 standing in the name of Respondent No.6, C)r irlrnal pattedar. '-,arr€' Counsel for the pet:tioner: SRI K.CHANDRA SEKHAR REDDY Counsel for the Res6,<>ndent Nos.1 TO 5: C, F6i teVeruUe Counsel for the Rr:sp,ondent No.6: The Court made Ure lollowing: ORDER 7,. 7 1 I HON'BLE SRI JT'STICE C.V. BHASKAR REDDY WRIT PETITIO N No.14165 of 2o25 ORDER: . This Writ petition is frled praying this Court to declare the Endorsement passed by respondent No.4 in File No.B/295 /2025, dated 18.O3.2025 as arbitrary, illegal and against the principles of natural justice and to direct respondent Nos.2 to 5 to issue pattadar passbook and title deed in favour of the petitioner in respect of the agricultural land admeasuring Acs.6.OO guntas out of Acs.74.27 guntas in Sy.No. l27l and, Acs.6.OO guntas out of Acs. 1O.34 guntas in Sy.No. 1274, situated at Nandigama Village and Mandal, Ranga Reddy District.

2. It is stated that the petitioner is the owner and possessor of the agricultural land admeasuring Acs.6.00 guntas out ol Acs.l4.27 guntas in Sy.No. l27l and Acs.6.OO guntas out of Acs. 10.34 guntas in Sy.No.1274, situated at Nandigama Village and Mandal, Ranga Reddy District, having purchased rhe same through registered sale deed bearing document No.5g56 of 20o5, dated 01.12.2005. It is further stated that when dispute" ^.o". between the petitioner and respondent No.S herein, the petitioner had instituted a suit for declaration and consequential relief urde o.S.No.S2 of 2or4 on the file of the II Additional District Judge, 2 CVBR, J \r'p 14165_2025 Mahabu br ra1lrr r and during pendency of the said suit, the matter was sett Ie I a nricably and the suit was referred to .,ok Adalat and an awar l, Ca .t:d 30.04.2022 was passed by the Lok Adt'lat in Case No. 149 o[ .:-(t)2. It is further stated that ttre petitirner made applicat ors cated 12.10.2022 and 14.1O.2O22 belore :espondent Nos.2 to 5 her:in seeking for mutation and consequentir issuance of pattarlar' prrssbook and title deed by. virtue of Lot Ad rlat Award, dated 3().()4 '.',r)22. The grievance of the petitioner is tlrat without taking i'.rt:r ccnsideration of the award being pass.ed ty the Lok Adalath. t'ee '-espondent authorities are making trffort-s to issue pattadar 1:ar;;rooks in favour of third parties. Hencr:, this writ petition.

3. Cr,n,rirlr:-ed the submissions of the learned r:oursel for the petitiont r; Sri L.Ravinder, learned Assistant Govet nmr:nt Pleader for Rev:r ur: appearing for respondent Nos.l o li and Sri J.Prabhirkirr, Iearned Senior Counsel appearing ior :espondent No.6 anrlrr.itlL their consent, this writ petition rs be ing lisposed of at the ar lrrrissi,)n stage. Le anc:cl Standing Counsel appearing for resporrdent No.6

4. had sulrnritt,r,l that as per Section 2l of lhe Legrrl Services Authcirit ie:: Ac l, 1987 Act, every award shall be dcemr:d to be a 3 CVBR, J Wp 14165 2025 decree of a Civil Court or, as the case may be an order of any other Court and as such, the petitioner has to file a petition before the competent Court seeking enforcement of the said award. Learned Senior Counsel further submits that since the petitioner is having an efficacious alternate remedy, the present writ petition filed is misconceived and prayed to dismiss the writ petition.

5. A careful examination of the facts would reveal that the petitioner had purchased the subject property through registered sale deed bearing document No.5856 of 2OO5, dated Ol.I2.2OO) and when disputes arose over the subject property, she filed a suit for declaration ald consequential relief urde O.S.No.S2 of 2Ol4 on the llte of the II Additional District Judge, Mahabubnagar. During pendency of the said suit, the matter was settled an award, dated 3O.O4.2O22 was passed by the Lok Adalat. in Case No.149 of 2022. It is the case of the petitioner that when the respondents mutated the subject lands in favour of respondent No.6 and issued Title Deedcum-Dharani Patta Passbook No.TO519O0551O2, she hled online applications vide Nos.RC23O00O6287 and, RC2300O06288 dated 24.06.2023 seeking correction of entries in the revenue records and for issuance of e-Patta Passbook and Title Deed, but even after receiving the said applications, when the respondent \ 4 \ CVtsR, J \\'p t4165 2025 authori rr s iLilve not taken any action, she filr_.ct \/.p.,,,Io.3415g of 2024 bcfctre thts Court and the same was disposeC ol vide order, dated o 1. '.r..)-o24 directing the respondent authorities to examine the app icar or.rs submitted by the petitioner and p;rss rppropriate cirders, n ar:r:ordance with law within a period of eight (Og) weeks from the d,rte ,tf receipt of a copy of the order. Fu rthe r, in terms of the o..d(r - dated 04.12.2024 passed by this Court in W.P;No.34 lS? of 2024, respondent No.S_the Tahsrlcar I as passed, an orde- rrrr (, proceedings No.B/ 95/2025, <Jatc 7 12.O2.2025 informin5, tltr: :etitioner to submit an application in l)ha;.ani portal in TM-24 (Corrrt case, ppB) module, so as to enable rim to submit a report ,o tll r District Collector. The petitionr:r a rso ;ubmitted applicatioes ,r cle Nos.CI2SOOOO564O and CI2SOOOT)56.,5, dated 74.02.2025 to block the slot booking for registration in respect of subject a5,rir:u1,rtral land, but the same was not consid:red, she filed W.p.vc,.4i!)5 ol 2()25 and this Court by an ordr.r, dated t8.O2.iOZ,; rlrre c tcd rhe respondent authorities therei I ro examine the petitio,ter.,s z pplications and if the said appiicatic,ns :omplied with ;ll tht rr:qLurements of the provisions of the .I.elangan in Ldnd ard praLradar passbooks Act, 2O2O and rLlso the circular instructionr; r;sr r:d by the CCLA vide Circular No.I of 2021, dated 15.OL.2021 : nrl Circular No.1 of 2024, d,ated 28.0.2.2024. the a Rights I --------'--7. 5 CVBR, J Wp 14165_2025 respondent authorities shall consider the said applications, by putting the petitioner and all affected parties on notice and- pass appropriate orders, in accordance with law within a period of eight (08) weeks from the date of receipt of a copy of this order and communicate the decision to the petitioner. In compliance with the orders passed by this Court in W.P.No.4795 of 2025, dated

18.02.2025, respondent No.5 had submitted a report, dated 2I.O2.2O25 and basing on the said report, respondent No.4 had issued the impugned endorsement, dated 18.O3.2025 directed the petitioner to file an Execution Petition before the competent civil Court for enforcement of the Lok Adalat Award, in accordance with the law. As per Section 21 of the Legal Services Authorities Act,

1.987 {for short "the Act"), every award shall be deemed to be a decree of a Civil Court or, as the case may be an order of any other Court. It is seltled law that for implementation of the deci'ees o[ the civil Court or the award passed by the Lok Adalath, the decree holders are entitled to take appropriate steps for institution of the Execution Petitions. Since it is the case of the petitioner that he has already obtained an award in Case No.149 of 2022 and the writ petition is not a remedY ( \ 6 CVBR, J Wp 14165 2025

6. ln i,ir:r,,. of the lact that the petitioner il; having an eFficacious alter ra -ii'r' remedy of hling an application befirrc .he competent civil C:n: r t seeking enlorcement of the Lok Adale t Award, this Court dr-',;-r-rs it appropriate to dispose of his u,rit petition relegrr n11 the petitioner to hle appropriate app[.catirns before the comFel:rLt civil Court seeking for enforcement of tle Lok Adalat awar I in execution proceedings and in th : e,rent of such appli:a iorr being submitted, the Executing Courr is directed to exam in l I r e same and pass appropriate ord<:rs i n ac cordance with law, rs e;<::ditious as possible. It is left open to al. the parties to raise al t[ r:ir contentions before the ExecutinE{ C ]urt

7. V,'itl the above observations, this Writ Petirion is disposed of. Thert seerll be no order as to costs.

8. A s rr sequel, the miscellaneous petitions pe lding, if any, shall s trrrLrl closed. //TRUE COPY// I SD/-P, PONNA KRISHNA IS TANT REGISTRAR {Asis I u ,sicrtoru oFFlcER ,.I -1 To \ Hvder,rba J. Government of Telangana'

1. The P-in: tr,al Secretary, Revenue Department' S&retariet Buildings' ' ,. r# ij ;i ;i i;b;i;, R;;si n"oEv District' At Konsarak rlan' 3. The A jdit onal District ci'riBi6i]ir:i"gin"ogv Distriot' A1 Kongarakalan' ;. iii;'s,;;;l:,i crra" a"priv"C9rr.i"1*.;C'fq'- R'evenue Divisional officer' s. iiiS t,i;5 r lli j"|i'i"i"t s"ro n"s,3t,ui, Nandisam Mandal' Ransa Reddv 6. 5ft1'a,C t: SRI K.CHANDRA SEKHAR EEDD-Y, Advrcat"> tglqcl ;. iil a,Cr'itci Fon neVErrruE, High Court for the iltat€: of Telangana' at ShiCr- a(l:rr Division, Ranqa Reddy District' Districl.. Hyderabe cl, [OUT] Twr, C)D O:Pies 8 PSK. GJP s HIGH COUIRI' DATED:0910ti12025 ORDER WP.No.14'l6li of 2025 .:1 ,ac st' ,)i' A 14: / 6( ',1 21Jt'r,l 2m L) L <r::l !'r l DISPOSIN13 If,F THE WRIT PETITION WITHOUT COSTS ^"i4Mn ffi,r

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