1. Smt. Thaduri Swarnalatha v. 1. 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 writ, order or direction more particularly one in the nature of writ of Certiorari calling for the records pertaining to proceedings of the respondent no.2 in case no.F21277912O23, dl. 1010412024 and quash the same by allowing s the petitioners appeal further to set-aside the proceedings no. ROR/161 2t2O1O, dt.23lo3l2j10, and all consequenttal entries made by virtue of these proceeding, including Dharani , as being arbitrary, illegal, unconstitLt rnal and violative of Principles of natural justice and consequenfly directing t. restore the revenue entries as were in existence prior to proceeding of ROR/1612/2010, dt.23t03/2010. lA NO: 2 OF 2024 Petition under section 151 cPC praying that in the cir ;umstances stated in the affidavit filed in support of the petition, the High Cor r may be pleased to permit the petitioner to take out substituted service of n r ice on the unofficial respondents by way of publishing the same in any local Newspaper Mothkur Yadadri District, in the interest of justice. lA NO: 1 OF 2024 Petition under section 151 cPC praying that in the crr ;umstances stated in the affidavit filed in support of the petition, the High court nri y be pleased to stay the entries made in revenue records pursuant to the orders proceedings no.ROR/1612/2010, dt.2310312010in respect of the tand bearing Sy No.569 admeasuring Ac.2-00 gts and Sy No.557 admeasuring Ac.4_00 gts total admeasuring Ac.6-00 gts situated atArlothkur Revenue \ illage and Mandal, Yadadri-Bhongir District pending disposal of the above writ f,( tition. Counsel for the Petitioner : SRI D.JAIPAL REDDY Counsel forthe Respondents No.1to4: GP FOR REVENUE Counsel for the Respondents No.5to8 : -- The Court made the following: ORDER -.,'d&;r a 1 ORD ER: THE HON'BLE SRI JUSTICE E.V.VENUGOPAL IIIT PETITION No.16433 of 2024 This Writ Petition, under Article 226 of the Constitution ol India, is liled sccking thc follou'ing relief "...ro issue an appropiote uil, order or drrecton; more particulorlg one in lltc nolute L)f trnl of Cctltotdn: fl b4 quaslrurq llt? ptocec(li,rqs r/r ('asc No.l.'2/ 2779/ 2023, tltded 10.04.2024 possetl b4 resltorttlenl No.2 ancl also to set aside tle proceeclirrgs No.ROR/ 161-2/)OlO, dated 23.03.2010 ond also to declare c l tlrc consetluel tal etLlries rnttrle by ui-lue of llrcse proceeditgs, includirrgt Dlruroti, tts ilk<1a1, orbittitnl, itncoislitulional; b) by direclitcl llrc Rcspon(leits Lo rcslore llte rcvenue entnes as tuere in exlsletrce pnor lo proceedor1 ROR/ 161 2/' 20 I O, dated 23.03.2O I O; ancl c) poss sLtclt otler order or orders es llis on'ble Court deenls fl and propet ut the circuotsteices of llrc case..-"

2. lt is the case ol the pctitioners that petitioner No.1 is the absolute owncr and posscssor of land admeasuring Acs.2.00 guntas in Sy.No.569, situated at MothkLrr Revenue Village and Mandal, Yadadri - Bhongir District. Petitioncr No.2 is the absolute owner and possessor of land admeasuring Acs.4.O0 guntas in sy.No.557, situated aL Mothkur Re vcr-rue Vill.igc ancl Mandal, Yadadri - Bhongir District. They havc succeedcd thc subject propcrty. Thcir namcs werc also mutated in thc revenuc rccorcl. 2

3. While the things stood thus, rcspondent No.:, I creirr has filcd a suit in O.S.No.63 of 2006 on thc filc of thc lt:itrr ccl Junior Civil Judge, Ramannapet, against the pctitioncrs lor spt'r' lic pcrlormance o[ agrecmcnl of sale datcd 03-03. 199 I Thc saicl sr ] \t/as clismissed for default on 18.03,2O 13. Petitioncr N<>- I hcrcin I : s filt:d a suit in O.S.No.13 of 2OO7 on the file of thc Icarnetl ..lr-r I or Civil Judge, Ramannapet, against respondcnt No.5 for pcrpel'tlir injunction and later. the said suit rvas dismissed as u'ithdrau'n rvitl r Iiberty to file a fresh suit on thc samc cause o[ action.

4. While so, in tl'rc ycar 2019 Sttrt(: (lovct-rtrnt t thirs lzrunched Land Purilication Program, in u'l-rich, pctitiotrcrs l.tc application before respondcnt No 4 lor mutzltior] ( I ' in havc filcd an I hc ir n;.rmcs in the revenue record and for issuance of pattadar llrt; of lhe subject property. Respondent No 5 filcd ' l stating that he is in possession of the subjcct propt r' validation proccedings issued uirle I3-B arrd I Il (l r t name was incorporated in thc r<:venuc rccorcls I Irook in rcspect lcction pe tition r brrsing on the -t rlit;ate and his ; pr rtladar and possessor and rcquested not to issue 11gur p2ltarl:tr r;rss book cum- title deed in lavour ol the petiliottcrs.

5. lt is statecl that pel-itioner No.1 submittcd :r11 ir ,plit'zltion under the Right to Information Act lor issuancc of nccc; :rry documents including Sadabynama Form No- 1O; Sadatryrlam:t I' rrn Nos.l 1 and & W.l -) ,, 12, Copies of 13 A, l3-B and 13-C ccrtificates etc. Respondent No.4 furnished memo No.C/l}l9 l2OI9 dated 03.08.2019 stating that no such record is available in tl're office and no transfer proceedings were recordcd in the nzrtnc of rcspondcnt No.S in the rcvenue records. On receipt of memo No.C/1019/2019 dated O3.O8.2019, petitioner No.1 filed an appeal bcfore respondent No.3 to cancel the false, fictitious entries and pattadar pass books and title deeds issued to resPondent No.5.

6. In the meann,hile, the Specilrl Triltr-rnals wcre constituted uide G.O.Ms.No.4 Revenue (Assignment-l) Department dated 12.Ol.2O2l and as such, the mattcr pcn(ling bc[ore respondent No.3 r,r,as transferred to the Special Tribunal - rcspondcnt No.2 under Section 16 of the Telangana Rights in Lancl and Pattadar Pass Books Act,

2020. Respondent No.2 heard the m.rttcr.lnd passed order vide Case No.F2/ 1529 l2O2l dated 06.02.202 l. Thereafter, in pursuance of the order passed by a Division Bench of this Court in PIL.No.20 of 2O2l and orders of this Court in WP.No. I1it95 of 2021, the matter was heard afresh and respondcnt No-2 passed the impugned cryptic order dismissing the appcal filed by tl-rc petitioners.

7. It is submitted that the Specierl Tribunal did not consider the case of thc petitioners in proper pcrsl:ective and in spite of petitioners bringing tr1!hc noticc ol the rcsltondcnt No.2 that as per -/' t 4 thc RTI information vide mcmo No.C/ 1O19/20 19 I rtcd 03.08.2019 thc l3-B anci 13-C proceedings vidc No.ROR/ 1( l3l2006 arc not available, the impugncd ordcr was passed

8. Challcnging tl-rc said order, pctitioncr lilc<l ir \ /r-it l)t:titior-r uide W.P.No.23394 ol 2021. Vide Order datcd 03.03i )23. this Court allowed the said writ petition and it is rclcvant t() r ( t(: the same and it is cxtracted 'lrliort ls "11. Itr vierv oI thc above obseruatlot]s. tht: rr.tr' allorrccl Tlre impugned ordcr datctl O'2.O7.2O21 t ;( l asr(lc and thc mattcr is remitted back to lhe rcsl)()ri ( tl N() 2- Spccial Tribunal. The rcspondent No.2-Spccral 'l r )rlr);rl rs dircctcd to disposc o[ the matter bv issttttrg r],)'r ( to llrc petitioners and respondent No.5 alr(l grvrnll 'i rsotl:tlrlc opportunitl' o[ hearing. 'l'he respondcnt No.2 sll,r I ottsrtlcr the follorving issues before conducting cntltrir-r': (l.tl.(l i) Whether Forms 1O and Form-ll arc submrtttr ,\ th. respondcnr No.5 sccking rcgulartT-ation of unrcgrstr', rl sit t' dccd clatcd 03 03 1991 an(l l3 8 and l3-C ccrtrfitrr r. ii) Whcthcr procccdrngs No.lioR/ l(r I{i/2(X) , 23.O3 20lO arrc gcnuirtc and valid. iii) Whcthcr any noticc was rssued Lo thc pctitront'r s \\ n( r s of lhc propcrty, undcr Rulc 22 of thc R()R lluk's l,cI r ,rrrlt r of rcgularization rvas passecl undcr Sccti()rl .)A () I A l' Rishts in Land and Pattadar ['ass Books Act. I (]7 l iv) whcthcr procccdings No.ROR/I618/2{tu'r (litl( (l 23.O3.2010 and l3-B and l3 C ccrLificittcs ar. D(]l ! rl:rl)lc informecl under Mcmo.No.C/ I O I(l/20 I (r (i;tt(rl 03.03.2019 isstLcd by thc Tahsildar, N4olhkur Mzrrr(', whcther respondenl No 5, lvho hits with(,r l, Ir lht' v) suit for spectfic performancc Ir O.S.No.63 ol 2()(ll rn l)( permilted to claim rights ovcl thc stll)jcct Pr'ol)(rl\ rr llr{ ) strength o[ alleged valid.rtion cenificates issucd under Section l3-B and l3 C

12. Apart from the abo\.e points, the respondent No,2 shall also consider the grounds/ aclditional Brounds, if any raised by the petitioners, in appeal filed challenging the Memo No.C/1019/2019 dared 03 08.2019 and seeking correction of illegal entries in rr:spect of land admeasuring Ac.2.00 guntas in Sy.No.569 ancl Ac.4.00 guntas in Sy.No.557, total admeasuring Ac.6.0O guntas, in Mothkur Village and Mandal.

13. The enquiry shall bc completed by the respondent No.2 within a period of tivo (2) months from the date of receipt of a copy of this order- ['ending disposal of the appeal by the respondent No.2. the respondent No.5 is directed not to create any third party intelest in respect of tlre subject lands. The miscellaneous petitions pencling, i[ any, shall stand closed. There shall be no order as to costs,"

9. In compliance with the aforesaid order dated 03.O8.2023 and after following the due procedure laicl down under the law, respondent No.2 has passed the impugned order dated 08.1O.2025 observing that it is not inclined Lo consider the request of the petltloners for setting aside 13 B certificatc/ mutation proceedings issued in respect of Sy.No,557 admeasuring Acs.4.OO guntas and Sy.No.569 admeasuring Acs.2.OO guntas, total land admeasuring Acs.6.O0 guntas, situated at Mothkur Village and Mandal, ancl both the parties are advised to seek lhe relief belore the Compe[ent Court of Law. 6

10. It is thc case of the petitioners that they hate subject property and they have been in possessio.l propcrLy sincc long time. Whereas, it is the case o1" that he has been in possession of the subject pr name was also mutated in thc revenue recorrl passbook was also issued. The parties to this r'' inviting this Court to adjudicate upon the issues lr title, anci possession of the subject property. In vicv disputes with regard to right, title and possessiort property, writ pctition is not the appropriate remctl' inter se dispuLes between [he parties, especially ir succeccled the of the subject spondent No.5 r1lertl, ar-rd his and pattadar it petition are Iating to right, o[ thc serious of tl'rc subjecl to rcsolve the :he a.bscrrce o[ examination of the documents relating to title and p t ssession ol the respective parties. The questions as to who is the r i 1l-r tful or.vner of the land in question; who is in possession of the sr bject properly, and if so, since when, how, and under whaL circr mslances they claim to be in possession; whether such possession c rn be regarded as legal vis-a-vis the true owner, etc., are materia I arose for consideration in this writ petition. This t questions that )ourt is of Lhe considercd vicw that these are pure questions ol f only be appropriately addressed by a civil cour- Lct, which can in ar properly instituted civil suit, based on the evidence adducr:tl by the parties, and not in a r,"rit pctition filed under Articlc 226 o1' ) c Constitution l>- of India. [t has been consistenLly held by this Court: Lrd tl-re Hon'ble \ 7 Supreme Court that a regular civil suit is thc proper remedy for the adjudication of disputes relating to property rights.

11. In Mohan Pandeg us. Ilsha Rani Rajgariar the Hon,ble Supreme Court observed as follows: "6: xxxx..... It ho-s repeatedlA been held by this Couft as also bq uaious High Courts that q regular suit is the oppropriate retteclry for settlement of disputes relating to propeftA rights bettueen priuctte. persons ond thi:rt the remedg under Article 226 of the CotLstitution shell iot be auaitable except u,here uiolation of soLne stotutonJ dutll on llte pan t)f a statlttorlJ authoitg is alleged. And in such a case, the Coufi tuill .ssue appropriate direction to the authoritA concenTed. If the real gneuance of the resportdent is against the initiotion o.f cintinctl pro<:eed{rtgs, antl the orders passed and steps token thereotL, she /7rusl auail of the remedtl under the generol latu includinq Lhe Cirninal Pro<:r,.dure Co<je. I.he LIr h utl cannot allou, the constitutional unsdicliorr to be used (,r decidtrtq for which remedtes. under lhe qerrcral laut, ciutL or cintinal, disputes, are auaiLable. It is not intended to replace the- orclirta ry remedies b wau of a suit or aDDlicati on auailqble to o /itioottt. The itnsdictiotl is sDecial qnd extraordinant and should not be exercised cctsuallu or lig htlu.' (emp ha sis su p plie d ). \ \

12. ln Duarka Prasad. Agarual a. B,D, Agqruta.p, Line Hon,ble Supreme Court observed as follows: "The High Court uhile exercistrtg o poLuer of juclicial reuieut is concerned Luith i\egalitA, iTattonalitg ancl proceduraL impropnety oJ an order passed bg the State or a statutory authoitlJ. Renedy under Afticle 226 of the Constitutiott of lndia cannot be inuokecl for resolutton oJ a priuate Latu dispute as corLtro distinguished from a l I '(1992) rlzoo:t1 4 SCC 61 6 SCC 230 '\ --5 \r\,\ -- 8 dtspute irwolutng publtc laLU charqcter. If is also well-s€t ed tlrut a LUit remedll ls not auailabLe for resolution of a propetlA or e .i l.e dispute." i3. [t is ...r,ell scttled law that this Court is not h.r\ ng.jurisdicLior-r to delve into the disputcs and come to a conclusio r with regard to right, titlc and possession of the parties in respcr I of tl're subject property in thc absence o[ determining the vatidiq )r otherwise of their entitle mcnt being decided at the first instancc.

14. In vieu, ol the above, this Court without goinil .lrto thc merits of the case, deems it appropriate to relegate thi petilioners tc) approach thc competent Civil Court and seek applr priatc relicf in accordance with law.

15. Accordingly, this Writ Petition is dismissed As ar sequcl, the miscellaneous petitions pend I g, if any, shall stand closed. No ordcr as Lo costs. //TRUE COPY// I\/, JAWAHAR REDDY IS TANT REGISTRAR S \ sEcTloN OFFICER To,

1. One CC to SRI D.JAIPAL REDDY, Advocate lOPUCl 2. Two CCs to GP FOR REVENUE, High Court for the Stil I of Telangana

3. Two CD CoPies BSK GJP \ HIGH COURT DATED:0811012025 ,a1' ,l',t"<:' i".. L:.1 l'',. ll \. t:'l l.iln :i {- i. a/ 2,' ORDER WP.No.16433 of 2024 DISMISSING THE WRIT PETITION WITHOUT COSTS b