Karra Sripathi Reddy 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 an appropriate Writ, order or direction more particularly one in the naturSe of Writ of TUANDAMUS declaring the action of the respondents 2 to 4 in proposing to mutate the name of 6th respondent pertaining to the agricultural land in an extent of Ac.2.26 guntas (as per the version of R.6 an extent of 4c.2.28 guntas) of Sy.No.45/B, in an extent of Ac.0.30 guntas of Sy.No.46/4/A/8, in an extent of Ac.0.1450 guntas of Sy.No.g0iAlB, in an extent of Ac.O.03 guntas of Sy.No.111lA/B and in an extent of Ac.0.0150 of sy.No.441lc/B situated at Porandla Village, Thimmapur Mandal, Karimnagar District, without following due process of law as illegal, arbitrary and violative of articles of 14,21 and 300-4 of Donstitution of lndia besides violative of principles of natural justice and consequently dire:t the respondents 2 to 4 not to mutate the subject property without following due process of law in favor of 6th respondent lA NO: 1 OF 2025 Petition uncler Section '1 51 CPC praying that in the circumstances stated in the affidavit file(l in support of the petition, the High Court may be pleased to direct the respondents 2 to 4 not to mutate the agricultural land in an extent of Ac.2.26 guntas (as per the version of R.6 an extent ol Ac.2.2B guntas) of Sy.No.45/8, in an extent of Ac.0.30 guntas of Sy.No.46/A/A/B, in an extent of Ac.0.1450 guntas of Sy.No.80/A/B, in an extent of Ac.0.03 guntas of Sy.No.'1 11/A/B anr: in an extent of Ac.0.0150 of Sy.No 441lClB situated at Porandla Village, Thimmapur [Vlandal, Karimnagar District in favor of 6th respondent, pending disposal of the Writ Petition in this Hon'ble Court Counsel for the Pet'tioner: SRl. VADLAKONDA RAVI KUMAR REDDY Counsel for the Re:;pondent Nos. 1to4: SRI L. RAVINDER, AGP FOR REVENUE Counsel for the Respondent Nos.5&6:- The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No. I84O1 of 2025 ORDER: It is stated that the petitioner's father by name Karra Raji Reddy was the absolute owner and possessor -of the agricultural land admeasuring Acs.2.26 guntas in Survey No. 45/B; Ac.O.30 guntas in Survey No.a6/A/ A/B; Ac.O.1450 guntas in Survey No. BO/A/B; Ac.0.03 guntas in Survey No. 111/A/B and Ac.0.150 of Survey No.a4 lB / C situated at Porandla village, Thimmapur Mandal, Karimnagar District. It is further stated that the name of the petitioner's father was incorporated in all the revenue records and pattadar passbooks and title deeds have been issued in his favour and during his life time, the petitioner's father had received various incentives sanctioned by the Government as investment subsidies. It is further stated that after the death of the petitioner's father, the property was mutated in the name of his mother and taking advantage of the mother's illiteracy, his elder brother i.e., respondent No.5 is now making efforts to mutate the entire property in his name and in the event of he succeeded his attempts the petitioner and other co-sharers would be put to great loss and hardship. Hence, this writ petition. 2. Considered the submissions of Sri Vadlakonda Ravi Kumar Reddy, learned counsel for the petitioner and Sri L.Ravinder, t. I 7 CVBR, J Wp_184O1_2025 \ learned Assistant Government Pleader for Revenue appearing for respondent l,los.1 to 4 and with their consent, this writ petition is being disposed of at the admission stage. In vieu, of the nature of relief sought for in this writ petition, issuance of notice to the unofficial resgrondents is dispensed with.

3. Sri Vacllakonda Ravi Kumar Reddy, learned counsel for the petitioner has vehemently contended that soon after coming know about the properties being mutated in the name of the mother of the petitioner and the application submitted by his elder brother i.e., respondetrt No.5, the petitioner had instituted a suit for declaration of litle and consequential relief of perpetuai injunction uide O.S.No.583 of 2024 on the file of the Junior Civil Judge, Karimnagar, claiming that the entire property has been given to him by his father on oral pa-rtition.

4. As seen from the record, there are inter se disputes between the petitioners ald other co-sharers over the sub.ject property' As per Section 59 of the Telangana Land Revenue Act' 1317 Fasli states as follows: "59. On the death of a Pattadar of Khalsa- land the ttame of the person rvho is lawfully entitled under a will and if there be no such person, of the nearest heir, and if thele are several heirsi of equal degree, of the one who by custorn has the right oi primogeniture shall be entered in the register by the [Collector] and the names of the remaining heks shall be entered as Shikamdars' But' if at any time' any '.. To, 3 CVBR, ] Wp_18401_202s person produces against claimants of a patta a decree of a competent Court as regards his right of preference, amendment in the Government records shall be made in accordance with the decree."

5. A careful exarnination of the above provision would makes it clear that after the death of the original pattadar, the name of the elder of the family has to be recorded as "pattadar" as a custom and the remaining co-sharers' names have to be recorded as "shikamdars" or "issadars. If the petitioner is having any claim over the property held by his father as co-sharer or the property was already given to him in oral partition, he is at liberty to obtain necessary orders from the competent Court in pending suit i.e., O-S.No.5B3 of 2024. Since there are inter se disputes among the co-sharers the writ is not the appropriate remedy to grant any relief.

6. For the aforesaid reasons, this Writ Petition is disposed of, leaving it open to the petitioner to obtain necessary orders in pending suit. There shall be no order as to costs. 7 . As a sequel, the miscellaneous petitions pending, if ar:y, shall stand closed- /iTRUE COPY' SD/. M. NAGAMANI SI TANT REGIS CTION OFFICER 1 The Princioal Secretary, Department of Revenue' Dr r.irnoind State Secr6tariai, T.S..Hyderabad ine Olsiriitbollector, Karimnagar District K{iTn"S 2 The Revenue Divisional Officer. Karimnagar l-tlvlslon 3 Karimnagar District. 4. il; i;a;ilaar, Thimmapur Mandal, Karimnagar District' ;. o;; iC'iij-sai. VAbLn[or.rrilnu,vt ruuAry REDDY' Advo-cate [oPUc] 6: ifi 6d.i"-ci ion nevri.rud,nigrr court for the State of Telangana at ar. , Kari mnagar, Ambedkar Hydetabad [OUT]

7. Two CD Ccpies BM GJP I l / I i I HIGH COUFiT DATED:01 lit712025 \ ORDER WP.No.18401 of 2025 ) o* 'I IIE SI.q ( o, o (,,, 17 0[I 2n5 o .SPArCt,r' t'. DISPOSING OF THE WRIT PETITION WITHOUT COIIiTS /0 / 3 /r, /t 4 ) I 1 I I I