✦ High Court of India · 19 Mar 2025

High Court · 2025

Case Details High Court of India · 19 Mar 2025
Court
High Court of India
Decided
19 Mar 2025
Bench
Not available
Length
1,694 words

Smt. Alladi Narasawa, Wo- Chinna Narayana, aged about 58 years, Occ. Agriculture, R/o. Ramayampet, Medak District, Telangana State. Sri. Alladi Mahender, Sio. Chinna Narayana, aged about 28 years, Occ. Agriculture, R/o. Ramayampet, Medak District, Telangana State. Smt. Alladi Nagamani, Wo. Chinna Narsimulu, aged about 50 Years, Occ. Agriculture, R/o. Ramayampet, Medak District, Telangana State. Sri. Alladi Ramulu, S/o. Maliaiah. aged about 48 years, R/o. Ramayampet, Medak District, Telangana State. ...RESPONDENTS 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 an appropriate writ, order or direction Pgrticularly in the nature of Writ of MANDAMUS declaring the action of the Respondents 2 to 5 in going to mutate the names of the Respondents 6 to 9 basing on the exparte order dated 02-01'2023 in the revenue records in respect of the land adrleasuring Ac. 01-'10 Gts in Sy. No 1567/E, Ac. 00-06 Gts in Sy. No. 1567/E9. Ac. 00-06 Gts in Sy. No. l567iEg and Ac.00-06 Gts in Sy. Nq. 1567/Eg total admeasuring Ac.01-28Gts, .i$i:1" situated at Ramayantpet Village, Grampanchayat Ramayampet, Ramayampet Mandal, Medak Distflct as illegal, arbitrary, unjust' improper. contrary to law and violative of article 300.1\ of the Constitution of lndia and consequently to direct the Respondents 2 to 5 not to mutate the names of the Respondents 6 to I in the revenue records lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstarces stated in the affidbvit filed in support of the petition, the High Court may be pleased to direct the Respondent No. 2 to 5 to consider the representatiqh of the Petitioner dated 06-06-2023 acknourledged by the Respondent oftiQe a0 16,06-2023 and consequently not to mutate the names of the Rgspondents in re\i'enue records pending dispesal of the writ petition lA NO: 1 OF 2024 Between: ,1. Smt. Alladi Narasawa, Wo. Chinna Narayana, aged about 58 years, Occ. ' Agriculture, R/o Ramayampet, Medak District, Telangana State 2. Sri. Alladi l\rlahender, S/o. Chinna Narayana, aged about 28 years, Occ. {griculture, R/o Ramayampe!, Medak District, Tel?ngana State 3 Smt Alladi Nagarnani, Wo. Chinna Narsimulu, aged about 50 Years, Occ, Agriculture, R/o Ramayampet. Medak District, Telangana State

4. Sri Alladi Ramulu, S/o. Maliaiah. aged apout 48 years, R/o. Ranrayampet, Medak District, Telanqana State. ...PETITIONERS/RESPONDENT No.6 to 9 AND 1 Sri. Nandelli N,4anohar Rao, S/o. Malla Rao, aged about 42 Years, Occ. Business. R/o. Venugopalpur, Sircilla - Rural, Sircillq. Rajanna Sircilla District, Telangana State. ,.. RESPONDENT/PETITIONER 2. State of Telanagana, Rep by its Principal Secretary , Department of Revenue, Telangana State. Secretariat. Hyderabad T.S.

3. The District Collector, Medak District. Medak Telangana State 4. The Revenue D,visional Officer, Medak, Telangana State 5. The Tahsildar, Ramayampet, Medak District, Telangana State 6. The Sub Registrar, Ramayampet, Medak District. Telangana State. ...RESPONDENTS/RESPONDENTS 1 TO 5 l,:...- Petition under section 'r 51 cpc praying that in the circumstances stated in the affidavit fited in suppolt gf^lh9_eeiition, it,. High Courtrnrv L. or"..LJ" vacate the interim orders dated 20-06-2023 passed iri ttre wp No'154g;t2ori counsel for the Petitioner: sRr. GANESH BHUJANGA RAo VADDURT Counsel for the Respondent Nos.1 to 5: Gp FOR REVENUE Counsel for the Respondent Nos.6 to 9: SRI M.M ALI The Court made the fo owing: ORDER !::. ,(, ',1 ORDER: THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.15495 of 2023 This writ petit1on is filed seeking following relief: "For the reasons statel in the accompanying affrdavit, the- Petitioner -)rays that the Hon'ble Court may be pler:.sed to issue an appropriate writ, order or direction particularly in the nature of Writ of MANDAMUS declaring the action of the Respondents 2 tc 5 in going to mutate the names of tht llr:spondents 6 to 9 basing on the exparte order (lat:d 02-01-2023 in the revenue records in rrrspect of the land admeasuring Ac. 01-10 Gts in S.',. No. 1567/E, Ac. 00-06 Gts in Sy. No. 15i67/E9, Ac. O0-O6 Gts in Sy. No. 1567/D9 and A<. 00-O6 Gts in Sy. No. 1567/E9 total admeasuring Ac. 01-28cts, situated at Ramay.rmpet Village, Grampanchayat Rarnavanr)et, Ramayampet Mandal, Medak District as illcgal, arbitrary, unjust, improper! contranr ro larv and violative of article 300-A of the Consti:ution of India and consequently tc drrcrct the Respondents 2 to 5 not to mutate the names of the Respondents 6 to 9 in tle revenue records and pass such other order or' trders as this Hon'ble Court mal.deem f t and expedient in the facts and circumstances of tlLis matter." )

2. It is star erd that the petitioner is the absolute orvner and possessor of land aclnr:asuring to an extent of Acs. 01.10 guntas in Survey No.1567/E, Acs. O0.05 guntas in Survey No. 1567/E9, Acs. OO.Ci6 guntas in Survey No.1567/E9 rlnd Acs. 00.06 guntas in Survey No.15€;7/tr9, admeasuring Acs. t)|.28 guntas, situated at Ramayaml:ret Village, Grampanchayat Ramivampet, Ramayampet Mandal, Medak Dist.rict, having purchased the same fr,rm one Smt. Satvinder Kaur Abboveja, w /o. S.Manjit Singh Abboveja under registered sale deed uide Document No.449 of 2074 dated 07.O2.2014. It ir; further stated that respondent Nos.6 to 9 instituted a suit in O.S.No.3O oi 2O2l on the file of the Principal Junior i)ivil Judge- cum-Judicial Magistra.te of First Class at Medak and obtained an order and decree in their favou r on O2.O1.2O23 and under the guise of th.: said order and decree dated O2)..()1.2O23, respondent Nos.6 to 9 have approached the 2 CVBR, J W.P.No.15495 of 2023 District Collector for mutation of their names in the revenue records rn respect of the lands in Survey No.1567/E. The grievance of the petitioner is that he has made a representation dated 06.06.2023 to respondent Nso.2 to 5 to stop the mutation of the names of respondent Nos.6 to 9 pertaining to land in Survey No.1567/E, but they have not considered the same. Hence, the present writ petition.

3. Learned counsel for the petitioner vehemently contended that I even before service of the summons, O.S.No.3O of 2027 was decreed uide order dated O2.O1.2O23 and having come to know about the said fact, the petitioner has filed an application under Order IX Rule 13 CPC seeking to set aside the ex pdrte decree dated O2.Ol .2023. It is further contended that pending adjudication of the application being hled under Order IX Rule 13 CPC, the respondent Nos.2 to 5 are making efforts to mutate the names of respondent Nos.6 to 9 in the revenue records relying upon the ex parte decree dated O2.O1.2O23. Therefore, the petitioner made a representation dated 06.06.2023 to respondent Nos.2 to 5 not to entertain any application submitted by respondent Nos.6 to 9 for mutation of the names of respondent Nos.6 to 9 in the revenue records basing on the ex parte decree dated

02.ot.2023.

4. Admittedly, it is stated' that the Court below has granted ex parte decree dated O2.O1.2O23 in O.S.No.3O of 2021. It is further contended that the petitioner has filed an application under Order IX Rule 3 CVBR, J W.P.No 15495 of 2023 13 CPC seeking to sc:t aside the ex parte decree dated 02.01.201,13 after lapse of more than two ycars. The petitioner is not in a position to pl.,rce any order of the Court below ,ell,rwing the application filed under Order IX Rule 13 CPC staying the operatio'-r of the judgment and decree dated O2.O1.2O23. ^fhe \ revenue authorities are not conferred with any power to decide the validity or otherwise of an5r jr:dgment or decree except enforcement of the said judgment and decree dated 02.O7.2023 as per provisions of the Telangana Rights in Land anc Pattadar Passbooks Act, 2O2O and Rules made thereunder. I, I

5. Considered the submissions of the learned cour:sel for the respective parties an.i perused the record.

6. In vieu. of above submissions, leaving it open to the petitioner to take appropriate steps, for restoration of the application filed ur der Order IX Rule 13 CPC within rr period of four (04) weeks from today and in the event of such an applical-ion being restored to file, the petitioner is permitted to submit a represent.atron to respondent Nos.2 to 5 by duly e nclosing the restoration orders and if the petitioner fails to file any apphcation for restoration within tir,: time specihed above, respondent Nos.2 to 5 are directed to pass orders on the application submitted strictly il accordance with law, after issuingq notice to the petitioner and all other interr:sted parties and pass appropriate orders. \ \ a : 4 CVBR,J (: W.P.No.15495 of 2023 7 With the above observations, the Writ petition is disposed of. There shall be no order as to costs. Miscellaneous applications pending, if any, shall stand ciosed //TRUE COPY// SD/-A. SRINIVASA REDDY ISTANT REGISTRAR SECTION OFFICER The Principal.secretary , Department of Revenue, Telangana State, Secretariat. Hyderabari T. S. The Diskict Collector, Medak District. Medak Telangana State The Revenue Divisional Officer, Medak, Telangana State The Tahsildar, Ramayampet, Medak District, Telangana State The Sub Registrar, Ramayampet, Medak District. Telangana State. One CC to SRt. GANESH BHUJANGA RAO VADDURT Advpcate tOpUCJ One CC to SRI M.M ALt Advocate tOpUCl a. to'GP FoR REVENUE ,High court for thq state of relangana. ,'#ff Two CD Copies- To, 1 ,2 J 4 E o. 7 o. o KKS BS g HIGH COURT DATED:1910312025 ORDER WP.No.15495 of 2023 1HE SIe J o k t 15 APH Afr z a ofsF,r.rcu€ o DISPOSING THE WRIT PETITION WITHOUT COSTS ,,g10 W

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