High Court · 2025

Petition under Article 226 of Ihe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents No. 2 to 4 in effecting mutation and issue proceedings of patta creating third party interest in respect of the land measuring 39 guntas in Sy. No. 39 situate at Thorrur Revenue Vi'age and Manrlai 'rf lr,4ahabubabad District whire the matter stood as sub_judice before the civir /\ppe r arte court without considering the obiections raised by the petitioners is bacr' i'er<,;rl, void, arbitrary, against the princiores of rraturar justice and violative of S,ro:irn 8(3) The Telangana Record of Rights ir Land (Bhu Bharathi Act) Act, 202[ as wefi as the Articre 300-4 of the constitutio]r of the lndia consequen y dire,ct tire respondents 2 to 4 not to carry out any amr:rn(6sn15 1o, record of rights irr resf €)ct of land measuring 3g guntas in Sy. \c tl9 situate at Thorrur Revenue Vi,:rrlr: and Mandar of Mahabubabad District pen Jrite dispute before Civil Appeltate (lo urt. IA NO: 10 F 2025 petition under siection 151 cpc praying that in the circumstances stated in the affidavit filed in sLrprport of the petition, the High Court mav be pleased to direct the respond()n's 2 .o 4 nor to proceed witn carrying out any am, rndment for the record of rights a,'fecting the interest of the petitioners pending distr:osar of this writ petition. Counset for the petitior,,rn:.:Il [:il1.r1.. the Responrrent Nos.1 ro ;;;Hii.iiirNDER, AGp FoR Counsel for the Resporrclent No.5: -_ The Court made the, f,ollowing: ORDER VEM_UGANTI MAHESH KUMAR HOIT'BLE SRI JUSTICE C.V. BHASIAR REDDY ITION IYo. 17442of2(}25 ORDER: pattadar passbooks It is stated that the petitioners are the owners and possessors of the land admeasuring Ac.O.39 guntas in Sy.No.39, situated at Thorrur Village and Mandal, Mahabubabad District, havrng py166ased the same through registered sale deed bearing document No.4g4g of 20lg,dated 19.06.201g from one Karne Somaiah. It is further shted that the names .of petitioners were incorporated in the revenue records and they were issued pattadar passbooks for their respective shares under the provisions of the Telangana Rights in Land and Act, 2O2O (for short ,the Act 9 of 2O2O,,) uid_e passbooks bearing Nos.T25l6O 1O 1933; T25760(01932; T251601O1936; T25t6OiOt931 and T25?6r It is further srared thar, when disput"" zer the subject property, the vendor of the petitioners has instituted a suit for declaration and perpetual injunction uzde O.S.No. l2S of 2O1O on the file of the VI Additional District Judge, Mahabubabad and the said suit was decreed uide judgment and decree, dated 02.06.2012 and since no appeal is filed, the said decree has become final. It is fu:rther stated that in the year 2022, ";;":o'n"o 1 2 C]VBR. J \\rl1 7442 2025 responcl,rr t r'Jo.S hled OS.No 1 of 2022 on the file of the Principat )r;-r-it--t Judge, Mahabubabad, againsl th': pe:itroners seeking d:r'liL-ation of title and perpetual injuncti:n i'nd also cancellati,)rl (,f decree passed in O'S No 125 of 'ro1(t lt is furthersta:lthatafterreceiptofthenotices,thepe-rtioners, being the rl:ft:ndants in O S No I of 2022' hle'l arr zLp plication . seeking for rej'lcf i()n of the under or-l:r VII Rule 1 1 of C P'C plaint in (l .S.No.l of 2022' It conside ri:.1r1 lre material ltled in Support of the saic: ap.>lic3tion, the plainr. iil,:d in O.S'No 1 of 2022 was rejcrcterl rrir le order' dated I5 ( il :)O23 in I.A No 513 of 2022 and aggr iei'e d by the said orft rrrspondent No'S herein filed an appezrl bcfore this is further s:ate(l t.L:1t, after Courtyi,ll:4..S'No.|g3of2023,whereinthisCourlhal;granted interim r,r:t:t directrng the petitioners not to creilt€' rnv third party riqh.s The grievance of the petitioners is 'hat pending adjudi<:a i rr of the appeal before this Court' ilt tLte ir stance of responCt r I I o 5, respondent No 4-Tahsildar is ma<ul9 efforts to mutat( . r r1 : Llter the revenue records' (lc n:;iclered the submissions made by the lerrri-re 11 counsel 2. for the r,t lilioners and Sri L'Ravinder' learr'ecl Assistant GoVerlInIt.]ltPleaderforRevenueappearingfcrr,:spondent , 3 CVBR, J Wp 17442 20)5 Nos.l to 4 and with their consent, this writ petition is being disposed of at the admission stage. in view of the nature of relief sought for in this writ petition, issuance of notice to the unofficial respondent is dispensed with.

3. In view of the submissions made by the learned counsel lor the respective parties and since it is the case of the petitioners that appeal suit is pending before this Court. uide A.S.No.l93 of 2023, wherein this Court has granted an inteiim order not to alter or amend the revenue records and admittediy, as pattadar passbooks have already been rssued in favour ol the petitioners, respondent No.4 do not have any power or authority Lo alter or amend the records, more particularly a notice has to be issued to the persons, whose names have been reflected in the revenue records before carrying any amendments/ alterations or corrections of the revenue records, as per the guidelines issued by Full Bench of this Court in ChinnoLrn Pandurangann u. Mand.al Rerrenue OfJicer, Seritingampallg Mand.al d.nd othersl, wherein it was categorically held that before correctron/ amendment/change of the revenue records, a notice has to be issued to the interested persons, whose names ' AIR zooe A?'t5 \ \ -E 4 CVBR, J \\'p 17442 2025 are refle( trti in the revenue records' Therefol-e, il'r t.h: event of any al)pli r.'tion being hled by respondent \o 5 se:king for mutati,)r ;f -ris name in the revenue records, respon'Lent No'4 is dire'cle:. to issue a notice to the petitioners rlnd after consid,:r r 1-t thcir objections, pass appropr ate' orcrers duly taking n tl r: of the orders passed by this Courl iu A. S N o l 93 of I rso the entitlement of the petiti')ners a:l per the ,r-the Telangana Bhu Bharati (Recorcl of Rights in 2023 ;tr d provisiotrs Land) .\( t : ()25 ancl the Rules made thereundr:r' 4 ',V t: t 1e above observations, this Writ P:titi'ln ir'; disposed of. Th:re l;l.r all lle no order as to costs

5.\ sequel, the miscellaneous petitions pe nr1r;rg, if any' shall s t: r rl t:losed r/rRUE coPY/' SD/- K.BHIIVANI SWAMY ASSISTANT REGISTRAR .="ild( oFFlcER To

4. 5 6 7 PSK. The Princ,ipa S ercretary, (Revenue) Secretariate Building' Saift:bad Hvderabad :it;11e of Telangana. Man"auubabad District' Collectorate Con) plex' i#"Dti;;; ij o ir ""ior' ,"6u5r56lrar j l'own and District tiil'Ei"*,i rlr'rlriisronar off iier, Thorrur Revenue Divr sion' Thorrur' Mahabuhabari [)istrict District' ili'1;ftilii;;;i rtnorrut R"reli,e Mandal rhorrur Town anrj Mandal NIahabuh,aba,i [)istrict. r',,tuonr'rl MAHESH KUMAR, Advocate [o :)UC] ii;;tc',,;'sli Yffi 6E.i,;d, F-on-nEveNrlE, High court for the State of T,:langana, at Hyderabad. lOtJTl Two CD CoPie s -vr Nl HIGH COURT DATED:24106t2025 ORDER WP.No.17442 of 2025 CI} TODAY .-a -. iil -.41/-t .,) \r ,sh _) L'.r ?i tll\2025

2. \: \-. J. DISPOSING C}F THE WRIT PETITION WITHOUT COSTS .\u o