TH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE v. VENUGOPAL WRIT PETI TION NO

2. The District Collector, Mahabubabad District 5. The Rerenue Divisional Officer, Thorrur Division, Mahabubabad- 4. The Tahslldhar, Thorrur Mandal, Thorrur Village Mahabubabad District S. frlr. ehutyi Srinivas, S/o Smomji 4gg Z9 yqq4 Occ-Agriculture R/o 2186' Baniara Naqar Thorrur Village and Mandal Mahabubabad Dlstrlct O. ftfi.6nrfvjHivi Kumar, S/o"B.Venkanna\9e!4.years.Occ.Agriculture.R/o 2184 Baiiara Nagar, ThorrurVillage and Mandal Mahabubabacl Drstrrct 7. Bhuky;N;veen, "S/o B. Age 42 ye-ars Occ Agriculture R:/o 286 Banjara Nagar' Thorrur Village and Mandal Mahabubabad District ...RES'.NDENTS 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 a writ, order or direction, more particularly one in the nature of a writ of Mandamus declaring the action of the second respondent in passing order in Proc.No.E5t114t2O22 dated 01t07t2023 as arbitrary, illegal and against principle of natural justice and consequently set aside the same lA NO: 1 OF 2023 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 to suspend Proc No.E5/1 1412022 daled 01107t2023 passed by the second respondent, pending disposal of the above writ petition lA NO: 2 OF 2023: Between: Banjara Nagar Thorrur Village and Mandal l\/ahabubat :rl District

1. Mr. Bhukya Srinivas, S/o Smomji Age 70 years Occ.Ag ir;ulture R/o 2186, 2. Mr.Bhukya Ravi Kumar, Sio B.Venkann a Age -44 years I) cc.Agriculture R/o 2184 Banjara Nagar, Thorrur Village and Mandal Maha rtrbabad District 3. Bhukya Naveen, S/o B. Age 42 years Occ,Agriculture fiftr 286 Banjara Nagar, Thorrur Village and Mandal Mahab'o'o'0.-?itTi+roNE: s/RESpoNDENrs 5 ro 7 AND

1. Babu Bhukya, S/o Somoii Naik Age 67 years Occ.Ret ed Joint Director (TW) 0/o Commissioner of Tribal Welfare Masab Tank, Hy:lr:rabad Rl/o Block A2, Frat No.20B Kalakruti Apartment,Tarnaka secunder:_of,l3B0Nspir/pErroNER

2. The State of Telangana, Rep by its Principal Secretary o Government Revenue Department Telangana Secretariat Hyderaba: ,i00 022

3. The District Collector, Mahabubabad District 4. The Revenue Divisional Officer, Thorrur Division, Mahz tubabad 5. rhe rahsirdhar. rhorrur Mandar, rhorrur Virase yRkirJtX?t1p,Flt",o*="r, Petition under Section 151 CPC praying that in the c cumstances stated in the affidavit filed in support of the petition, the High Cou 1 may be pleased to vacate the interim orders granted in W.P. No.2'1479 of 2023 Cated 09-08-2023 Counsel for the Petitioner: SMT. B. RAJESWARI Counsel for Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for Respondent Nos. 5 to 7: SRI MUNUGA SATEE:SH The Court made the following: ORDER -7/ THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.21479 of 2o23 ORDER: Aggrieved by the action of respondent No.2 in passing the order in proceeding No.ES/ll4/2022, dated O1.07.2023, the present writ petition is filed. A consequential prayer is sought to set aside the satne.

2. Heard learned counsel for the petitioner, learned counsel for unofficial respondent Nos.S to 7 and learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4.

3. The case of the petitioner is that he is the owner and possessor of agricultural land admeasuring Ac.1-01 guntas in Survey No.262lI, Ac.0O4 gunas in Survey No.262/Dlll2, Ac.O-O4 guntas in Survey No.262/D/2/2, Ac.O-12 guntas in Survey No.262 lD2/2, in total admeasuring Acl-27 guntas situated at Dubba Thanda, H/o. Thormr Revenue Village and Mandal, Mahabubabad District. The petitioner, respondent No.S and father of respondent Nos.6 and 7 are brothers. The petitioner's father owned land to an extent of Ac.4-10 guntas in Survey No.262/1 of Dubba Thanda Village. During his lifetime, O.S.No.314 of 2OO8 was fi1ed against third parties on the file of learned Junior Civil Judge, Thorrur. The petitioner's father died in the l year 2071, leaving behind an unregistered will ,,>:ecuted in March, 2O1O in favor of petitioner,s mother, bequeathing ti t: said land. 4. After his demise, the petitioner and his br,rrher compromised O.S.No.314 of 2OOg with third parties, under whi::e Ac.i_OO guntas was a-llotted to third parties and Ac.3- lo guntas -t:mained with the family. Subsequently, the petitioner,s mother ext r:.rted a registered Will deed uide documentNo.2g/,il/15, dated l4.Og .)15, registered in the Office of SRO, Mahabubabad, in the presence r I famiiy members, dividing the said Ac.3_10 guntas into four parts an I bequeathing her share to the petitioner, as he had ta-ken care of her c -rring her lifetime. 5' It is further submitted that without his know*.: 3e, the unofficial respondents caused mutation of the subject land in heir names in the Dharani portal. On his representation, the respc r,1ent authorities conducted survey and pa,,chanama and corrected r ) l extent of land by proceedings No. A/S7g/2O22, dated 21.O5.2O22 Therea_fter, the unofriciar respondents filed w.p-No.33343 0f 2022 u .rour impreading the petitioner, which was disposed of by this Cour on 24.Og.2O22 directed them to approach the appropriate authoritl Subsequently, the unofrrcial respondents rrled applications under )harani portar Grievance bearing Nos.RC220OOO8O68, F]C22OOOOBO71, RC2200oo807o' on such applications, the responder I No.2 - District collector issued proceedings No.Es/ rls/2022, da.,:,1 or.o7.2023, granting patta passbooks in favor of respondent Nos.6 and T, which is under challenge in the present writ petition

6. Learned counsel for unofficial respondents submitted that the Will relied upon by the petitioner is fabricated and obtained by misrepresentation, and that the Collector passed the impugned order after granting due opportunity to all parties. It is thus contended that the writ petition is devoid of merit. 7 . Learned Assistant Government Pleader for Revenue submits that the dispute between the petitioner and unofficial respondents is purely private and civil in nature.

8. This Court, having heard the learned counsel on both sides and upon perusing the record, Iinds rhat O.S.No.234 of 2022 liled by the petitioner against the unofficial respondents for declaration and injunction in respect of the same property is pending adjudication before the learned Junior civil Judge - cum - Judicial Magistrate of \ First Class, Thorrur. The said fact was not brought to the notice of the District Collector while passing the impugned proceedings. A perusal of the impugned order reveals that there is no reference whatsoever to the pending civil litigation or the Will deed relied upon by the petitioner. , I

9. In the considered opinion of this Court, in the absence of the entire materia,l and in view of the pendencv of O.S.No.232 of 2022 between the same parties in respect of the same s Ll>ject property, the proceedings issued by respondent No.2 Di,.-rict Collector in proceedings No.E5/ll1l2022, dated 01.07.2023 are perverse and unsustainable i. law. The disputed questions :r[ fact cannot be adjudicated in a '*'rit proceeding under Article 226 t' the constitution of India

10. Accordingly, the impugned proceedings No.EI. ills/2022, dated o1.o7.2023 are set ia.side a,d the parties are directerl to u,ork out their remedies before the competent Civil Court in O.t \o.234 of 2022, wherein the dispute relating to title and possessio; shart be decided on its own merits in accordance with law. I 1' with the above observations, this writ petitit . is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous application, if any pending, in this petition, shall stand closed. Sd/. I:,. PONNA KRISHNA SIIiI'ANT REGISTRAR / //TRUE COPY// N SECTION OFFICER The Principal Secretary-to Government Revenue Oep\,f. e,..,t, State of tetangana tetangana Secretariat Hvderabad SOO 022 I he District Collector, Mahabubabad'District lhe Revenue Divisional Officer, Thorrur Division, MahabL tirbad The Tahsildhar, Thorrur Mandai, Thorrur Village ivfiniOrt :bad District 9nu 99 to Smt. B Rajeswari Advocate fOpUEi lwo CCs to GP For Revenue ,High Codrt for ttie State of :.langana. [OUT] One CC to Sri tVlunuga Sateesh, Advocate (OijUCi-'- Two CD Copies '- -- \y To, 1 2 a 4 E 6 7 B MBC HIGH COURT EW,J DATED: 0911012025 14 ijrr 2025 I l .i: ORDER WP.Ncr.,21479 ot 2023 \\ DISPOSING OF THE V\IRIT PETITION WIT I]OUT COSTS