Puppala Chinthamani v. The State of Telangana

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 an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declarrng the action of the respondent revenue authorities in issuing pattedar passbook cum title book, dated. 07-10- 2019, and '1-B Namuna, dated 14-10-20'l 9, in regarding with the agricultural lands Ac. 0.07 gts in Sy.No 24311, Ac B 09 gs in Sy.No. 238/1, Ac 0.05 gts in Sy No. 24713, Ac 0 32 gts in Sy.No. 24812. Ac.0.37 gts in Sy No 17511, Ac. I a I e a , )

0.036 gts in Sy.No 184 Ac. 0.27 gts in Sy.No. '1 85/1 . Ac J 17 gts in Sy.No 240l'l , situated at Chilvakuduru Village, Gollapally t\rlandal, Jagtial District, while a suit in O S.No. 129 of 2006, on the file of Honble Senior Civr Judges Court at Jagtial, for cancellation of the said registered sale deeds, dec aratron of tifle and perpetual injunction, without issuing any notice to the petilroner and without conducting any enqurry is nothing but arbitrary, illegal, n rlt and void, and violative of Principles of natural justice and also violative of th: provisions of the Telangana Record of Rights in Land and Pattedar Passboo<s; Act, 1971, and also violative of Articles 14, 19,21 and 300-4 of the Constitution of lndia. Consequently set aside the same, thereby direct the respondr:rrts to mutate the name of the petitroner in regarding with the agricultural lands ,rdmeasuring Ac 1 32 gts in Sy No 175, Ac 1.32 gts in Sy No. 184, Ac. 1 '1 3 ;ts rn Sy No 185, Ac 16.17 gts in Sy No 238, Ac 0,34 gts in Sy No. 240, Ac ) 14 gts in Sy.No 243. Ac 0.11 gts in Sy No. 247, and Ac 1.24 gts in Sy.No. 24€, totat Ac 24.17 gts, situated at Chilvakuduru Village of Gollapally Mandal, Jagtra Drstrict. lA NO: 'l OF 2020 Petition under Section 151 CPC praying that in the circu rlstances stated in the affidavit filed in support of the petition, the High Court nrary be pleased to suspend the entries of the respondent No.6 name in pattedar passbook cum title book, dated 07-10-2019. and 1-B Namuna, dated 14-10-2019 in regarding with the agricultural lands Ac 0.07 gts in Sy.No 243t1, Ac. 8.09 gs, n Sy No 238/1, Ac 0.05 gts in Sy No. 24713, Ac.0.32 gts in Sy No 248t2, Ac r) 37 gts in Sy No. 17511, Ac 0 036 gts in Sy No. '184, Ac. 0.27 gts in Sy No. 185,1, Ac 0.17 gts in Sy.No. 240l1 , situated at Chilvakuduru Village, Gollapally Vandal, Jagtial Drstrict. Counsel for the Petitioner: SRI K.VENUMADHAV Counsel for the Respondent No.1 to 4: GP FOR REVENUE Counsel for the Respondent No.6: SRI PADALA PRAVIN KUMAFI The Court made the following: ORDER , , t a THE HON'BLE SRI JUSTTCE E.V.VENUGOPAL WRIT PETITION No.1991O OF 2O2O ORDER: This Writ Petition is filed seeking u'rit of mandamus or any other appropriate writ declaring the action of the respondent revenue authorities in issuing pattedar passbook cum title book dated 07.lO.2Ol9 and 1-B Namuna, dated

14.lO.2Ol9, in regarding with the agricr-rltural lands Ac.O.07 gts in Sy.No.243/1, Ac.B.09 gts in S_r,.No.238/1, Ac.0.05 gts in Sy.No.247/3, Ac.O.32 gts in Sy.No.24Bl2, Ac.0.37 gts in Sy.No. 175l 1 , Ac.O.036 gts ln S1.'.No. I84, Ac.0.27 gts 1n Sy.No. 185/ 1, Ac.0.17 gts 1n Sy.No.240/ 1, situated at Chilvakuduru Village, Gollapally Mandal, Jagtial District, while a suit in O.S.No. 129 ot 2006. on the file of Hon'ble Senior Civil Judges Court at Jagtial, for cancellation of the said registered sale deeds, declaration of title and perpetual injunction, without issuing any notice to the petitioner and without conducting any enquiry is nothing but arbitrary, illegal, null and void, and violative of Principles of natural justice and a-lso violative of thc provisions of the Telangana Record of Rights in Land and Pattedar Passbooks AcL, 1971, Page 2 of5 EVV,.J r\r.P. No.19910 oI 2020 arrd also violative of Articles 14 , 79 , 2 1 ar-r,1 3OO -A of the Constitution of India. Consequently set as,l(le the same, thereby direct the respondents to mutate tLLe name of the petitioner 1n regarding with the agric:uLltural lalds admeasuring Ac. 1 .32 gts ln Sy.No.175, Ac:.1.32 gts 1n Sy.No. 184, Ac. 1.13 gts 1n Sy.No.185, Ac. 16. I7 gts Sy.No.23B, Ac.0.34 gts in Sy.No.240, Ac 0.14 gts IN Sy.No.243, Ac.O.11 gts 1n Sy.No.247, and Ac. 124 gts 1n Sy.No.248, total Ac.24.17 gts, situated at Chilvakudurru Village of Gollapally Mandal, Jagtial District.

2. When the matter was taken up for cor: sideration, the learned counsel lor the petitioner fairly subnritted that civil Court proceedings pending on the file of learred Senior Civil Judge court at Jagtial, in O.S.No.129 of 2006, have been dismissed and against the said order, petit'.oner has filecl appeal suit vide A.S.No.7 of 2025 is pending belbre the Court of Principal District Judge at Jagtial. Thereforr:, he submits that the relief sought for in this writ petition rvould depend upon the outcome of the appeal suit as per Section B(2) ol Telangana Record of Rights in Land and Patte d ar Passbooks EVV,J W P No.199 L O of2O2O Page 3 ol5 Act, ),97 I (for short the Act') and seeks to pass appropriate orders.

3. On the other hand, learned counsel for the unofficial respondents, submitted that the cause in the writ petition does not survive, as the petitioner's suit is already been dismissed and pending the appeal suit, the petitioner has filed this writ petition. Hence, he submits that the proceedings in appeal suit does not having an1, bearing on this writ petition and seeks to dismiss the writ petition.

4. The learned Assistant Government Pleader for Revenue for respondent Nos.l to 4, submitted that unless there is a { { specific direction by the civil Court, the respondents are handicapped in passing any orders. Hence, seeks to dismiss this writ petition

5. Having heard the learned counsel for the petitioner, the Iearned counsel appearing for the unofficial respondents, and the learned Assistant Government Pleader for Revenue, and on perusai of the material available on record ald upon taking into consideration the fact that appeal suit is pending Page 4 of5 tiVV,J 'V P. No. 19910 ot 2020 before the concerned Court, this Court is rlot inclined to pass any orders at this stage. However, upon adjudication of the appeal suit, the official respondents are cli:ected to take necessary steps in accordance with law.

6. With the above direction, this Writ Petitic,n is disposed of. No costs. As a sequel, miscellaneous petitions, if rrny, pending, shall stand closed. \ To, //TRUE COPY// NA KRISHNA REG TANT \ECTION OFFICER

1. The Principal Secretary to the Revenue Department! {iecretariat Buildings' Hyderabad, State of Telangana.

2. The Additional District Collector, (ROR) Jagtial, Jagtial l)istrict' 3. The Revenue Divisional Officer, Jagtial Division, Jagtial F'roper and District' 4. The Tahsildar, Gollapally lvlandal, Jagtial Proper and Drslrict' 5. One CC to SRI K.VENUMADHAV, Advocate [OPUC] 6 One CC to SRI PADALA PRAVIN KUMAR, Advocate [Ot']UC] 7. Two CCs to GP FOR REVENUE' High Court for the S;tate of Telangana at Hyderabad [OUT]

8. Two CD CoPtes BSR BS ^\B,' HIGH COURT DATED:2910812025 ORDER WP.No.19910 of 2020 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS $ J (l o 0 a t r.li Ji :tl€ ,a' a.,l'' {6n0rM 't '(.. i .a\ t D['sPAi CH6C