DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE E v. VENUGOPAL WRIT PETITION NO

THE HON'BLE SRI JUSTICE E. V. VENUGOPAL WRIT PETITION NO: 22497 OF 2021 Between: Kunduru Jagan Mohan Reddy, S/o. Venkat Reddy, Age 67 years, Occ Agriculture, R/o. Meedikonda village, Station ghanpur Mandal, Jangaon District ...pETrroNER AND

1. The State of Telangana, Rep. by its Principal Secretary (Revenue) Secretariat Buildings, Hyderabad.

2. The Special Tribunal Jangaon District, Rep., by its Presiding Officer the District Collector, Jangoan District, Collectorate buildings, Jangoan. 3 The Addl. District Collector and Member of the Spl. Tribunal Jangaon, 4. The Revenue Divisional Officer, Jangaon, Jangaon District. 5. The Tahsildar, Raghunathpally Mandal, Jangoan District 6. Kunduru Pradeep Kumar Reddy, S/o. Late Janrdham Reddy, Age 54 years, Jangaon District. Occ Ex-Service Men from Army, R/o. H.No. 6-11, R/o. Besides Venkateshwara Temple, Swaroop Nagar, Uppal Ranga Reddy District. 7 Kunduru Sri Ranga Reddy, S/o. Late Janardhan Reddy, Age 60 years, Occ Ex-Service lr/en, R/o. Meedikonda village, Station Ghanpur [Vlandal, Jangaon Dlstrict B. Kunduru Venu Gopal Reddy, S/o. Late Janardhan Reddy, Age 45 years, Occ Village Revenue Officer, R/o. Meedikonda village, Station Ghanpur. Jangaon District 9 Kunduru Varshitha Reddy, Wo. Venugopal Reddy, Age 30 years, Occ Household, R/o. Meedikonda Village, Station Ghnapur Mandal, Jangaon District. '10. Rangu Sridhar, Sio. Yadagiri, Aged 40 years, Occ Business, R/o. Behind Bharath Petrol Bunk, Near Bharatiya Janatha Party Office, Station Ghanpur, Jangaon District 1 1. Surabhi Renuka, Wo Venkat Reeddy, Age Unknown, Occ Unknown, R/o.H.No. 30-3123, Thirumal Nagar, Kanajiguda,Thirumalgiri, Alwal lr/andal, Medchal- Malkajgiri District ...RESpoNDENrs Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Courl may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Certiorari by calling for the records relating to and connected wrth Case No. E3174612021 dated 2410612021 in revision No.82134112020 of respondents no 2 and 3 and quash the same with a consequential direction to respondent no comply with the orders of respondent no. 4 in Case No 11109812017 30t01t2017

5.td lA NO: 2 OF 2021 Petition under S;ection 151 CPC praying that in the cirr;umstances stated in the affidavit filed in support of the petition, the High Court mery be pleased to stay all further proceeding:; in Case No. E3174612021 dated: 24 06.2021 in Revision No. B2l341/2020 of respondents no. 2 and 3 confirming the rrders of respondent no. 5 with consequential direction to respondent no. 5 not tc,entertain or receive any document creatrng any 3rd party interests in lands in Sy.No. 2361A & 237 admeasuring an ext()nt of Ac. '19-30 gts situated at Ashwarapalle Village, Raghunathpalle Mandal. Jangoan District that may be presr:nted by respondent no. 6 to 11 pending dis,posal of the above writ petition lA NO: 3 OF 2021: Between: Kunduru Praceep Kumar Reddy, S/o. Late Janardhan Reddy, Age 54 years, Occ Ex-Servir;e \,4en, R/o. H.No. 6-'1 1, R/o. Besides Venl(ateshwara Temple, Swaroop Nagar, Uppal Ranga Reddy Diskict, ...PETIT|Ol. E:TIiRESPONDENT NO.6 AND '1. Kunduru Jagan fvlohan Reddy, S/o. Venkat Reddy, Age 67 years, Occ Agriculture, R/c Meedikonda village, Station ghanpur Mandal, Jangaon District. Buildings, Hyderabad. 2, rhe state or ret,ansana, Rep. by rts Principat Se"r",&tii3)3"U'.t:itJir}:? 3. The Special Tribunal Jangaon District, Rep., by its Presic ing Officer the District Collector. Jangoan District, Collectorate buildings, Jangoan. 4. The Addl District Collector and Member of the Spl. Tribunal Jangaon, Jangaon District

5. The Revenue Divisional Officer, Jangaon, Jangaon District. 6. The Tahsildar, Raghunathpally Mandal, Jangoan District 7. Kunduru Sri Rarga Reddy, S/o. Late Janardhan Reddy, ,\ge 60 years, Occ Ex-Service Men. R/o Meedikonda village, Station Ghanp ur Mandal, Jangaon District B. Kunduru Venu Cropal Reddy, S/o. Late Janardhan Reddy, r\ge 45 years, Occ Village Revenue Officer, R/o Meedikonda village, Statiorr Ghanpur, Jangaon District

9. Kunduru Varshitra Reddy, Wo. Venugopal Reddy, Age :]0 years, Occ Household R/o. Meedikonda Village, Station Ghnapur Mandal, Jangaon District.

10. Rangu Sridhar. (i/o. Yadagiri, Aged 40 years, Occ Business, R/o. Behind Bharath Petrol Bunk Near Bharatjya Janatha Party Offio: Station Ghanpur, Jangaon Drstrict n + * 6 6 + n t lt. 'l 1. Surabhi Renuka, Wo Venkat Reedd R/o.H.No. 30-3/23, Thirumal Nagar, ltrledchal- tvlalkajgiri District y, Age Unknown, Occ Unknown, Kanajig uda,Thirumalg iri, Alwal lvlandal, y ...RESPONDENTS/RESPONDENTS Petition under Section 151 CPC praying that in the circumstances stated rn the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim stay granted by this Hon'ble Court in lA. No. 2 of 2021 in W P.No 22497 of 2021 daled 1210912021 and dismiss the above Writ Petition with exemplary costs in the interest of lustice Counsel for the Petitioner: SRI D. V. CHALAPATHI Counsel for Respondent Nos. 1 to 5: SRI HINGOLEKAR RAKESH KUMAR, AGP FOR REVENUE Counsel for Respondent Nos. 6 to 11: SRI K. MURALIDHAR REDDY & SRI ASHOK REDDY KANTHALA The Court made the following: ORDER * + 4 a a I I I I HE HON'BLE SRI JUSTICE E.V.V:INUGOPAL WRIT PETITION No.22497 of 2O2l ORDER: Thc prcsent vvrit petitior-r is filed by the petitrrrner under Article 226 of the Constitution of Indizr with the following prayer : ". .. . Seeking issuance of a wi| order or direction more parliatlarly one in tlte nature of uit of certiorai bg calling for the ro-cords relating to and connected tuith Case No.li3t 716/ 202 1 , dated 24.06.2021 irt Reuision No.B2i 341/ 2O2O of the respondent Nos.2 anc' ll and quash the same uith a consequential direction to ttle respondent No..:t to compl!! tuith the orclers of respondent No.4 in Cose No.1/ 1O9B/ 2017, dated 30.01.2017....'

2. Fteard Sri DV Chalapathi Rao, learnr:d counsel for the petitioner, Sri Hingolekar Rakesh Kumar, learned Assistant Government Pleader appearing on behalf of learned Government Pleader for Revenue Sri K.Muralidhar Reddy anrl Sri Ashok Reddy Kanathal, learned counsel lbr the respondent Nos.6 to I 1.

3. The case of the petitioner, in brief, is that his grandfather, Late Sri Kuncluru Papi Reddy, was the original patladar of agricultural lands in Sy.No.236 to an extent of Ac.22.O8 gts., and Sy.No.237 to an extent of Ac. 18.3 I gts., situated at Ashvraraopally Village, RaghunathpzLlll' Mandal. Upon his demise, the propertlr was succeeded jointly by his sons, Sri Kunduru Venkat Reddy (petitioner's father) and Sri Kundum Ranga Reddy, who partitioned tht: same under a 7 I ['agc 2 ol 5 registered deed dated 1O.12.1964 bearing Document No. 1634 of 1964 on the ftle of SRO Warangal. Upon the death of Sri Venkat Reddy on

15. I I . 1973, the petitioner and his elder brother, Sri Kunduru Janardhan Reddy, succeeded to his share. After Janardhan Reddy's demise on 30. 10.2010, respondent Nos.6 to 8 (his sons) became entitled to his share. Thus, the petitioner and respondent Nos.6 to 8 are entitled to equal half shares in the ancestral property. The petitioner was issued Pattadar Passbooks by respondent No.5 for the land to an extent of Ac.2.33 gts., in Sy.No.236 and Ac.7.39 gts., in Sy.No.237. Respondent Nos.6 to 8 objected and the matter was taken up suo motu by Respondent No.4 vide Case No.I/634/2OO9 under Section 5(5) of the ROR Act. By order dated 27.O3.2O10, the passbooks were cancelled and the matter remanded for de-nouo enquiry. (a) The petitioner's revision under Section 9 before respondent No.3 was dismissed on 10.12.2O2O. Respondent No.5 thercafter mutated the land in Sy.Nos.236/A and 237 in favour of respondent Nos.6 to 8 and also included land to an extent of Ac.17.32 gts., in Sy.No.229, based solely on their statement, despite the fact that the land stood in the name of Sri Mera Venkataiah and no registered deed exists in favour of the petitioner's father. Aggrieved, the petitioner filed Appeal No.t/ 1098/2017 before Respondent No.4. The appeal was allou.cd on 3O.O1.2O2O, directing equal mutation in favour of both the I'ag. -l ol'5 petitioner an(l respondent Nos.6 to 8 and observing that the Tahsildar acted beyond jurisdiction in mutating the property without consent or civil Court decree. Respondent Nos.6 to 8 Ii ed a revision in 82l34l l2O2O before respondent No,3 and post-enirctment of Act 9 of ZOZO, tn matter was transferred to the newly constituted Tribunal viz. respondent No.2l, which directed the parties to apprc,ach the civil Court. The petitioner sought a hearing per this Court's orders in WP (PIL) No.2O of 2021. However, respondent No.2, without- considering the petitioner's conlentions or reasoning of the appelllte order, quashed the order date,d 3O.01.202O citing res-judicata, which is wholly erroneous and <;ontrary to law. The proceedings ar€ not barred by res- judicata and the Tribunal has no civil Court powers under Section 1O of the ROR Act. During pendency of the appeal and revision, respondent Nos.6 and 7 executed sale deeds in lavour of resp,rndent Nos.9 to l1 covering portions of Sy.Nos.236/A and 237, with mr.lalide intent. These transactions are aimed at defeating the petitioner's legitimate rights and respondenl Nos.6 to 11 are attempting to firrther alienate the lands, causin€a grave prejudicc to the petitioner. The impugned order of respondent No.1) suffers from legal infirmity, is arbitra.ry and is liable to be set aside.

4. Learned counsel for the petitioner subrrits that aggrieved by the order passed by the Special Tribunat in Cas,: No.E3 /746 /2Q21, Page { of5 dated 24.06-2O2 1 in Revision No.B2/34 1 I 2O2O the revision petitioners had approached the competent civil Court seeking to partition the property among the petitioner and the unofficial respondents the same is pending adjudication. He further submits that pending proceedings before the Special Tribunal, the property has been alienated to the unofficial respondents, creating multiplicity of the litigation.

5. Learned counsel for the unofficial respondents submits that the matter is already seized by the Civil Court, where a suit has been instituted in O.S.No.24 of 2O2l before the learned Senior Civil Judge, Jangaon. It is further submitted that neither the Special Tribunal nor the Civil Court has granted any stay and there is no legal bar preventing the unofficial respondents from enjoying the benehts of title and possession or from proceeding further in accordance with law. Hence, no act of improprie[z or travesty can be attributed to them.

6. Learned Assistant Governhent Pleader, representing learned Government Pleader for Revenue submits that the trial Court having gone through the orders passed by the respondent Nos.3 to 5 and after having granted necessary opportunity as required and in compliance to the orders passed by the Hon'ble Division Bench in WP (PIL) No. 20 of 2O2l conducted the proceedings and passed appropriate orders which does not warrant any further consideration by this Court and hence, the present writ petition is liable to be dismissed. I l)asc 5 ot 5

7. Upon hearing the learned counsel for the parties and on a careful perusal c,f the material available on record, it is evident that the petitioner has already instituted civil proceedings, v'hich are presently pending adjuclication before the competent civil Corrrt. ln that view of the matter, this Court, without expressing any opini,tn on the merits of the case, grants libertlr to the petitioner to avail appropriate remedies as available under law, including filing a suitable aplt[cation before the trial Court for ventilating their grievance in respect of the subsequent alienations. In the event such an application is fil,:d, the trial Court shall consider and dispose of the same strictly in accordance with law, after afforcling due opportunity to all concerned anrl pass appropriate orders thereon.

8. WitLL the above observations, the prese r-r t writ petition is disposed of- No costs. As a sequel thereto, miscellaneous applications, if any' pending, shall stand closed. SD/-AHMEtJ ABDULLAH KHAN ASS STANT REGISTRAR //TRUE COPY' SECTION OFFICER i Hyderabad. Jangaon Dislric:. Jangoan District, Collectorate buildings, Jangoan. . The Principal Secretary (Revenue) State of Telangana S ecrelariat Buildings, . The Presiding Crfficer/District Collector, Special Tribunal Jangaon District, . TheAdditional t)istrict Collector and Member of the Spl. Tribunal Jangaon, . The Revenue Divisional Officer, Jangaon, Jangaon District. . The Tahsildar, Iiaghunathpally Mandal, Jangoan Districl . One CC to Sri tr. V. Chalapathi Advocate [OPUC] . Two CCs to GP For Revenue, High Court for the State cf Telangana. [OUT] . One CC to Sri lshok Reddy Kanthala, Advocate (OPUC) . One CC to Sri F.. Muralidhar Reddy, Advocate (OPUC) 0. Two CD Copies T I 4: ,r To, 1 2 3 4 5 6 7 8 9 1 MBC BS & + <. t ? 1' I I{IGH COURT DATED: 09/09/2025 Lj.. l* r /d ,.€ Is $ t\- 11 ORDER WP.No 22497 of 2021 DISPOSING OF THE V!'FIIT PETITION WITI"IOUT COSTS