COMMON ORDER THE HON'BLE SRI JUSTICE C v. BHASKAR REDDY WRIT PETITION Nos

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 appropriate writ or order or Direction more particularly one in the nature of wRlr oF MANDAMUS declaring the action of the Respondents No.2 and 3 in entering the name of Respondent No 4 in respect of land in Sy.No.1062rA3, admeasuring Ac. 4-00 Gts and land in Sy.No. 1o63rAAt1, admeasuring Ac. 3-00 Gts, situated at Burkapur Viilage ord, Kodangar Viilage and Mandal, Vikarabad District in Dharani portal vide Transaction Nos.2300335i 33 and 2300335139, dated 01r0s12o23 on the basis of ex-parte Judgement and Decree passed in 0.s No.38 of 2021, dt.1srogt2o2z passed by the Junior civir Judge, at Kodangal, Vikarabad District as being illegal and arbitrary and .{ a,r consequently direct the Respondents No.2 and 3 to enter the name of petitioner in the Dharani Portal (Revenue record) in respect of and in Sy.No 1062tA3, admeasuring Ac 4-00 Gts and land in Sy No..1063/4,4/ 1 . admeasuring Ac. 3-00 Gts, situated at Bulkapur Village old, Kodangal Village and lVlandal, Vikarabad District IANO:1O F 2023 Petition under Section 151 cpc praying that in the r:ircumstances stated in the affidavit fited in support of the petition, the High Court may be pteased to direct the Respondent No.3 not to entertain any deed or document submitted by Respondent No.4 in respect of Sy.No.1062 /A3, admeasu ring Ac 4_00 Gts and land in Sy. No. 1063 / AA/ 1, admeasuring Ac. 3_00 Gts,, situated at Bulkapur Village old, Kodangar Viilage and Mandar, Vikarabad Distr ct pending disposar of the Writ Petition Counsel for the Petitioner : SRI A.NAJEEB KHAN Counsel for the Respondents: ASST. Gp FOR REVENUE W.P.No.'1778 7 0F 2025 Between: + G. Sravanthi. W/o Late G .tanardhan Reddy, aged about 36 y-.Ars. Occ_ Agrrculture, R/o H No IB-34. Barkanrrr.viiild ob, i6bli6i-firrg" a',a {r;;iai,'",.!l"iuv Residing at H.No 4-5-14. Nehrtd;j, i;ndJijiiiliaiao oistrict AND ...PET|T|ONER Revenue Deparrmdnt. S"ci&riili, uvil;;"b;o""' '1. The State of Telanoa.na Rep by its principal Secretary to Government, 2. The District coilector,. Vikarabad District, office at Integrated District offices 3. The Tahsildar, Kodangal Mandal, Vikarabad District, Telangana State. Comptex, parigi Road, Vikarabad feir"d; Si;te Petition ...RESPONDENTS under Article 226 of lhe Constitution of lndia prayrng that in the stated in the affidavrt filed therewith, the tligh Court may be circumstances pleased to issue an appropriate writ or order or Direction more particurarry one in the nature of wRrr oF MANDAMUS decraring action of the Respondents No.2 and 3 not entering the name of the petitioner in respect of land in Sy No.1062/43, admeasuring Ac.4-00 Gts and land in Sy.No.'1063/4A/1 , admeasuring Ac 3-00 Gts, situated at Bulkapur Village old, Kodangal Village and Mandal, Vikarabad District in the revenue records as illegal and arbitrary and consequently the direct the Respondents No.2 and 3 to enter the name of the petitioner rn respect of land in Sy.No.1062/43, admeasuring Ac 4-00 Gts and land in Sy No.1063/4,4/1 , admeasuring Ac 3-00 Gts, situated at Bulkapur Village old, Kodangal Village and Mandal, Vrkarabad District in the revenue records. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondents No,2 and 3 to consider representatron of the petitioner dated 24.12.2024 pending disposal of the Writ Petition. q t, Counsel for the Petitioner : SRI A.NAJEEB KHAN Counsel for the Respondents: ASST. GP FOR REVENUE The Court made the following: COMMON ORDER THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION Nos. 18069 of 2O23 &, 17787 of2025 COMMON ORDER: I Wrir petirion No. 18069 of 2023, under Ar:ic: [e 226 of the Constitution of India, is filecl by the petitioner, sceking the following relief: "... lssur: an approprictte Wit or Orrler or Direction more particttlarlq one tn the nature of WRIT oF MANDAMiSe"i"i"r" in action of the Respondents No 2 and 3 in enteinq the name ifiJ.ionaunt No. 4 in respect of land in Su.No. 1062/ a3 a.dmeasuinq'i"i:OC Cts ttnd_ tand in Sq No 1063/4A/ I admeasuinq Ac 3 0O Ci",itui"I at Butkapur V^i.llctqe old Koclanqal Vittaqe en.) MandaL Vilrir"i, a District in Dharani porlal ,icte Transac.tion wos.ZSOOSSS I ii' iia ZsOOSSSISg dated ot/05/2023 on the oJ .rpo-i" J)lal"1Zr, ond Decree o11s2e! itr os.rr'o 38 qf 2021 (tt ts/os/2o2; ;;;; Ciuil Judqe ot Kod.anqat Vikarabarl Oi"tiit'a" "iint bt1 tht: Junior i e(tdL and 1r?toiy and consequentQ1 direct tne n"sporiJnl",l,,, : and 3 to enter the natne of petitioner, in the Dharanj' po;;;I" i.),"r,r,= record in respect of tand ln Srr Ir'o jO62/ A3 oa^"orrriiq i".i]OO C;," and lancl in sv No 1063/AA/ 1 admeasuing ac 300 Gts siiuiec, at Burkapur village old Koclangar virage arui Manclar vitcaroiai ii.-"tr.rt..., -ba"o

2. Wrir petirion No.17787 of 2025, under Constitution of lndia, is filed by the petitioner, reliei Articlt' 226 of the seeki: r5J the following "...to issue an appropiate lt/rit or Order or Direction more pttrticularlt) one in the nature of WRIT OF MANDAMUi;;;"rl;o cctton of the Respondents No.2 and 3 not entennq ,h.;;';;;';he pctltioner in r.esp.egt 9f land in Su.No. jO62,/A3, ,'d^easrrtia- e.. c O0 Gt" ond -i"06 l?n! in Su No. t o63/ AA/ 1, .acl*rosrrtnq ii. 2", sluated at "i",ri"t, Bulkapur Vi aqe otd, Kod.anqet VrU"; ;"; 'ftteiai Vikarabad District in the reuenue recorcls as aid. artntraru and consequentlq the direct the Respond.ents No.2 i"a S r, t?nter the name of the petttioner in- respect .f i"ii il'*sr.lr, to62/A3, admectsurinq Ac. 4_oo .Gts and ti";' " i" ' ;r:;. , 063/ AA/ t, admeasuinq Ac. 3 OO Gts, ,siLuated ", i"*"L"', \,tuctqe, old., Kodanqal Villaqe and Mandat, Vikarabacl O*iii"i" t,tc reuenue records and pass. .. " 2 CVBR, J wp 18069 2023 & t7787 2025

3. It 1s stated lhat the petitioner is the owner and possessor of agricultural land in Survey No.1062/A3, admeasuring Ac. 4_00 guntas and land in Sy.No. 1063lAAll, admeasuring Ac.3_00 guntas, thus total admeasuring Ac.7-OO guntas situated at Bulkapur Village old, Koclangal Village and Mandal, vikarabad District. It is further stated that the petitioner's name is incorporated in the revenue records and issued pattadar passbook No.To707007 196g uide Khata No.3064. rt is the case of the petitioner that he is receiving various incentives as absolute pattadar of the lands for cultivation of the said lands. The grievance of the pelitioner is that at the instance of respondent No.4 in w.P.No.18069 of 2023 disputing the right and title of thc petitioncr over the subject lands had instituted a suit uide o.S.No.3g of 2021 on the file of Junior Civil Judge, at Kodangal, for declaration and consequential injunction over the subject lands, for which paftadar I pass books have been issued in favor of the petitioner. ,

4. Sn A.Nazeeb Khan, learned counsel for the petitioner, vehemently contended that in the suit, respondent No.4 had deliberately furnishcd arr incorrect address of the petitioner, thereby obtained an ex parte decree dated 75.09.2022, as if due service of summons had been effected. Relying upon the said ex porte lud.gnen t and decree, the respondent No.4 allegedly managed to secure the issuance of pattadar pass books and title deeds from the revenue authorities in respect of the lands situated in Survey Nos. 1062/A3 and 1063/AA/ 1. Upon coming 3 CVBR, J tao69 2023 &, t7787 2025 v'P to know about the mutation proceedings initiated basing on the said ex parte decree, the petitioner hled an application under Order IX Rule 13 read with Section 151 of CPC in the suit seeking to si't aside the ex parte decree dated 15.09.2022. Learned counsel for the petitioner further submitted that the petitioner had also applied for a land survey through Mee-seva, but when the authorities failed to conduct the survey, he approached this Court by way of W.P.No.l3267 of 2023, seeking directions to conduct and demarcate the land. This Court, by order dated 27 .O3.2O23, disposed of the said Writ Petition with a direction to the survey authorities to consider ttie petitioner's application, conduct the survey after issuing notice to the affected parties, and if inclined to reject the request, assign specific reasons. Learned counsel for the petitioner further contended that while application under Order IX Rule 13 of CPC is pending for adjudication, the respondent No.4 has been attempting to alienate r the subject property to third parties. Consequently, the petitioner was ionstrained to approach this Court by hling W.P.No.18069 of 2023. Clonsidering the factual matrix and the pendency of the petitioner's application to set aside the ex panie decree, this Court passed an interim order restraining the Tahsildar and the Joint Sub-Registrar, Kodangal Mandal, Vikarabad District from . entertaining any document or deed presented by responclent No.4 in respect of land in Suwey No.1062/A3r, admeasuring Ac.4-OO guntas and Survey No.1063/AA/ 1, admeasttring AC.3-00 4 CVBR. J wp 18069 2023 &, 17787 2025 gunlas situated al Bulkapur Villagc (Old), Kodangal Village and Mandal, Vikarabad District

5. Learned counsel for the petitioner further contended that during the pendency of the application filed under Order IX Rule 13 uide LA.No.1O3 of 2023 in O.S.No.38 of 2021, the sole plaintiff/ rcspondent No.4 expired. In view of the death of the sole plaintiff, the suit stands abated. Therelorc, thcre is no case pending on the file of the trial court, nor is there any cause for conlinuation of the proceedings, and hence thc petitioncr is cntitled to the relief soughl. He also submitted that a representation was made requesting restoration of revenue entries as they stood prior to the institution of the suit, and further prayed for grant of an ex parte dccree in O.S.No.38 of 2021.

6. On the other hand, lcarned counsel for respondent |io 4 submitted that during [he pendency of W-P.Nq. 18069 of 2023' respondent No.4 expired, and he has been instructei by the alleged successors-interest of respondent No.4, pursuant to filing an application to bring them on rccord as legal representatives. However, this claim is seriously disputed by the petitioner, who contends that respondent No.4 died issueless and left behind no legal heirs entitled to represent him.

7. The grievance of the petitioner is that basing on O.S.No.38 of 2021, mutation of decree obtaincd in the ex pdrte name of the respondent No.4 has been effected in the revenue records 5 CVBR, J wp tao69-2o23 & 17787 2025 Consequential orders have also been passed, dcsprte tlie admitted fact that the suit, as against respondent No.4, stood abated upon his death. Therefore, the petitioner is entitrcd to seek mutation c r restoration of the entries that existed prior to the institution of the su it However. in the opinion of this Court, such issues cannot be adjudi,:ated effectively in the absence of the impleadmen[ of legal heirs ol- respondent No.4, who are necessary parties to contest the matter.

8. As per the provisions of the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025, any person aggrieved by the r ntries made in thc revcnue records, including correction, amendment, rr mutation o[ entries and the consequential issuance of pattadar prrssbooks, is entitled to make an application under Rule g. In additior to Rule g, the Revenue Divisional Olficer (for short ,,RDO,,) is empou,ered to examine the claims of all the concerned parties and pass approprla tc orders after due enquiry. \

9. In the absence of any decree standing in the name ol. respondent No.4, and in the absence of any application filed by responrlent No.4 or their successors- in- in terest seeking restoration or the al).rted decree, thev have no right to rely upon the ex parte dccrec lbr cliriming any entitlement to be recorded in the revenue records.

10. In view of the above, the petitioner is permittecl to make an appropriate application in the Bhu Bharati portal in acc,rrclance with the applicable rules. In the event ol.such applicarion beitrg submitted I ! -1 \-1 - wp lao69_2o23 & t7787 2025 by the petitioner, duly enclosing the orders issued by the Competent Court declaring that the suit instituted by rcspondent No.4 is abated, along with all supporting documents, the RDO shall conduct an independent enquiry by issuing notice to the legal heirs of respondent No.4 and any other persons claiming interest over the subject property, and pass appropriate orders on merits for restoration of the revenue entries that existed prior to the institution of the suit, in accordance with law. In the event, the respondents produces any order of the competent court such as restorarion of the suit or any interim orders restraining the RDO from entertaining the application, the RDO shall consider and examine the same before proceeding further. pending passing of the final order by the RDO, status quo existing as on date shall bc maintained in respect oi the subject land until the disposal o[ the application. The petitioner is directed to file an appropriate application before the RDO within a period ol two (O2) weeks from the date of receipt of this order. 11 With the above directions, both the Writ petitionsr are disposed of There shall be no order as to costs. As a sequel, miscellane ous applications pending in these petitions, if any shall stand closed. //TRUE COPY// SD/-MOHD. ISMAIL DEPUTY REGISTRAR SECTION OFFICER I To, '1 . The Principal Secretary to Government, Revenue Department, Secretariat, State of Telangana, Hyderabad 2 3 4 5 t) The District Collector, Vikarabad Diskict, Telangana State. The Tahsildar and Joint sub Registrar, Kodangar Mandar, Vikarabad District, Telangana State. One CC to SRI A.NAJEEB KHAN, Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court for the .State of Telangana Two CD Copies. BSK BS W ,/ i HIGH COURT DATED:0710712025 I t ,,.jr ?, I .-)( \-1 :\ 1 i \ :. 09 SrF,.l25 \., {\, COMMON ORDER WP.No.18069 of 2023 & WP.No.17787 of 2025 I DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS q q