The High Court · 2025

l0.Alangadula Narasimha, S/o A Satyanarayana Aged ab,r Business, R/o H. No. 8-6-199, Rampur, Karimnagar Dir;' 11. Smt. Mukta Agarwal, , Wio Nilesh Agarwal Aged about' Housewife R/o Flat No. 32, Maheshwari Residency, AC: l2.Bhagwandas Agarwal, Sio PD Agaruual, aged about 75' Rio F. No.404, Ananth Laxmi Residency, Bogulakunta,

13. M/s. Shank lnvestments Private Limited, Rep by its Dir'-' S/o. S.L.Agarwal, R3ZEN, 2nd Floor Plot No.237and23t Hills, Near D lvlart Madhapur, Hyderabad -5OOO72. rt 54 years, Occ. 'ict: 8 years, Occ. 'shnagar, Hyderabad ears, Occ. Business (ing Koti, Hyderabad 1or, N.K. Agarwal Sy. No.46 Kavuri ...RESPONDENTS Petition under Article 226 of the Constitution of lntl I 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 in the nature of Writ of lVlandamus declaring the action of the Respondents more particularly 1te Second and Third Respondent in entertaining registrations of sale deeds, c lnveyance deeds or documents in respect of the land in Sy. No. 633, Kapra \ illage, Kapra Mandal (formeily Keesara Mandal), I\,4edchal- tvla lkajg iri District, ad nr :asuring Ac. 7-00 Gts contrary to the rights of the Petitioners by virtue of the regis:r red sale deeds dated 29lOBl20O3 vide Doct No. 5153 of 2003, 5152 of 2003, datt:r 1-12-2003 vide Doct No.7777 of 2003 and 7778 of 2003 and dated 2811112OO2 2OO2 in respect of PIot No. 32,33,34,35 and 36 in Sy. Nc Keesara Mandal (currently Kapra N/andal), RR Distrrct l\.4alkajgiri District) as being illegal, arbitrary and contrary Article 14, 300-A of Constitution of lndia and consequently , Third Respondents to not to entertarn any documents, deeds deeds, agreements of sale presented by the Respondenls nominees for registration in re5pect of land in Sy. No. 631 , ft/andal (formerly Keesara lr/andal), [\4edchal-Malkajgiri Dir;, 7-00 Gts and place the property in Sy. No. ( ide Doct No. 6406 of 633, Kapra Village, (cu rrently tt4edchal- to the provisions of irect the Second and of conveyances, sale No. 6 to 12 or their Kapra Village, Kapra -ict, admeasuring Ac. 33, Kapra Village, .:. :i,i: :,: KapraMandal(Keesara Mandal), Medchal-Malkajgiri District admeasuring Ac.7-00 Gts lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct thb Second and Third Respondents not to entertain and register any deeds, documents, deeds of conveyance, sale deeds, agreements of sale or any other document in any manner whatsoever presented by the Respondents No. 6 to 12 or their nominees in respect of Sy. No. 633, Kapra Village, Kapra Mandal (formerly Keesara Mandal), lr,4ed chal-lr/a lka jg irr District, admeasuring Ac. 7-00 Gts, pending the present Writ Petiton. lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents more particularly Respondents No. 6 to 12 to not to, change or alter the nature of the property or carry on any construction in respect of the land admeasuring Ac. 7-00 guntas, in Sy No.633' Kapra village, Kapra.lvlandal Districtpending the present Writ (formerly Keesara Mandal), lt4edchal -Malkajgiri Petitton. Counsel for the Petitioners :SRl SRIKANTH HARIHARAN Counsel for the Respondents No 1 To 3:SRl L. RAVINDER AGP FOR REVENUE Counsel for the Respondent No 4 & 5: SRI SRINIVASA RAO REP SRI M.DURGA PRASAD SC FOR GHMC Counsel,for the Respondents No 6 To 13: ---- The Court made the following: ORDER :_r::. .::,' ,. .:i THE HONOURABLE SRI JUSTICE E.V.VENII }OPAL WRIT PETITION No.22421 of 2024 9IDEB: This Wrrt Petition is filed undcr Article 226 c I t-'orrstittrtion of Inclia seeking the follorving reliel/s:- "...to issue a Writ, Order or Direction mor t in the natllre of Writ of Mandamus declaring tl-re :'tion of the Respondents more particularly the Secc t'rd and Third Respondent in entertaining registre- i'rus of sale deeds, conveyance deeds or docunr:l-tts in respect of the land in Sy.No.633, Kapra Vrllage, Kapra Mandal (formertl' Keesara Mandal), Iv cdchal- Nlalkajgiri District, admeasuring Ac 7'-( () Gts contrary to the rights of the Petitioners b,r' 'irtur: of the registered sale deeds dated 29 IOB12.I J3 tide Doct No.5153 of 2OO3,5152 of 20t):i dated 01-12-2OO3 vide Doct No.7777 of 2003 anc r778 of 20O3 and dated 28/ lll2OO2 vide Doct No [-'406 of 2OO2 in respect of Plot No. 32,33,34,35 ar ci. 36 in Sy. No. 633, Kapra Village, Keesarzt Mandal (currently Kapra Mandal), RR District (c 'rrrt--ntly Medchal Malkajgiri District) as being illegal, arbitrary and contrary to the provisions ol I: trclc 14, 30O-A ol Constitution of India and con; :quently clirect the 2n(t and 3.d Respondents not t C) ( n te rtain any documents, deeds of conveyances, salr deeds, agreements of sale presented by the Resl ondents Nos.6 to 12 or their nominees for regis;1r ation in respect of land in Sy. No.633, Kapra Villr'r: :, I(apra Mandal (formerly Keesara Mandal), I 'ledchal- Malkajgiri District, admeasuring Ac. 7 0O (ils and place the property in Sy. No. 633, Kapr: Village, KapraMa.ndal(Keesara Mandal), Medchal- \ trlkajgiri District admeasuring Ac.7-OO Gts ..."

2. Heard learned counsel for the petitioner, lc; rned Assistant Government Pleader for Revenue and Sri Srinivrl; Rao, learnEd ") counsel representing Sri M.Durga Prasad, iearned Standing Counsel for GHMC, appearing for respondent No.S. perused the record

3. Lcarned counsel for the petitioners r.r,ould submit that respondent No.l3 corrrpan-\ \\'as tl-re absolute o\\'ner aud possessor of Ac.7.00 guntas ln 51'.No.633, Kapra Village, keesarma Mandal, Ranga Redd-v District, having purchased the same from their vendor M.V.Jesr.r,anth Rao and his familv members th rough varl0us registcred sale deeds dated

03.12.1999. The names of tl-re original o\l'ners u'ere also mutated in the revenue records bv virtue of mutation proceedings. Thereafter, the respondent No. l3 company had developed plots on the subject propertlr admeasuring Ac.7.0O guntas by virtue of approval granted by the Gram Panchayat covering the entire extent of land ald divided the iand into plots and developed a venture by the name of "Green Avenue"

4. It is further submitted that respondent No.13 compary approached the petitioners and offered vartous plots in the venture. Then the petitioners have pttrchased various plots in the venture- Petitioner No. t had purchased plot No.33 admeasuring 300 Sq.yds, petitioner No.2 had purchased plot J No.32 admeasuring 267 Sq.1'ds, petitioner No.3 lr Lrl purchasecl plot No.35 adrneasrtring 267 Sq.1'ds, petitiol r r I'Jo.'1 had purchiised plot No.3'i erclmeasuring 300 Sq.r'ds z ncl lletitiollcr Nos.5 ancl 6 jorntlv putrchased plot No.36 acl r: t ::rst trirlg 267 Sq.ycls. The pctitioners are In peaceful posst : ,slon oI their respective ('xtellts of land. The petitroners also lon:jtructud 2l borrndarv protectin6{ their respective extetlts o[ plrli ;

5. lI is ft-rrthe r- submitted that in the veat' 2007, ccr-tain unallthoriz('d I)Crsons were interfered into thc peirr:efr-tl possession oi tl're extents ol the petiLioners. 'lhen, rlle petitiorrers madc representation to the Assistan t _.oltl mlssl0ner ol Police, Nlalkajgiri on 09.O7.2OO7 seekirr l protccLion Tl-rercerftcr, the petitioners filecl a suit for Perpc't ral Injunctiorl vide O.S. No.1(r39 of 2OO7. Vide order datecl 13.(t7.2OO7 i't I.A.No.206(:r oi 2OO7, the petitioners granted rtatlls quo irr respect of the srrl>jecl property

6. It is furthcr subrnitted that in the year '- ttl.+, ,"t1, on.,' Nos.1 to 5 I'racl I.ilecl a suit in O.S.No.l4O9 ol 2Ct i on the lile of the I Additional Senior Civil Judge, Medchal M:r J.ajgrri District, against the unollicial respondents and the samt. rs pending for adjudication. l'lre unofficial respondent Nos.6 tr I r had also ,1 filed a suit vide O.S. No.7O3 of 2Ol4 against the petitioners on the file of the Principal District Judge, RR District at LB Nagar' 7 . It is further submitte d that on 18.07 .2024, the petitioners have constrained to issue legal notice to respondclrt Nos.2 and 3 not to entertain at-ry registratiotts of deeds of convel'alcc, sale deeds or agreement of sale presented br- respondent Nos.6 to 12. But, Respondent No.2 and 3 entertained the registrattons. Ot-t

22.O7 .2024 the petitior-re rs made a representation to respondent No.5 secking to demolish the unauthorized construction of compouud wall constructcd b-v thc urlofficial rcspondents. No action has been taken by responder-rt No.5. Aggrieved therebv, the petitioners filed the present u'rit petition.

8. Lcerrned Assistant Governmettt Plezrder lor Revenuc u'ould bv furnishing the '*,ritten instructions issued b1' the Tahsildar- respondent No.2 would submit that as per the I(apra Village Dharani Pahani for the year 2O2O-21 , the land in Sy.No.633 stalrds patta land and the land in question, u'here the petitioners seeking direction is no longer agricultr-tre land and they are converted into plots. Respondent No.2 is competent to register the Agricultural Lands only, not plots and respondent No.3 is ) compctent to register thc plots. Hence, he seeks , drsmiss this rvrit petition. g. lltrving hcard leartred counsel for the rl -- itiolrers and Iearne cl r\ssistrttrt Coverttment Pleader for Rcvt'll le r)lld upon perus:rl of the rnatenal placcd before this Cor'rrt. t is apparcnt that l)arties ir-r this s'rit ltetition are also parties ll:'br.' the Civrl Court in O.S No.163() of 2007, O.S No.140'l r'l 2014 and O.S.No.703 of 2014 iu respect of the subject Jr ()pertv lt is pertinent to note that the subject lands are cotr'-'rteC to plots. Therefore, cortsrclering the facts and circumstan( ( s oi this case ernd since the tlispute is civil in nature, this Coull s not inclirled to entertain thc present lvrit petition because thc civil Court is alrea<lv ceased ol thc dispute involving the subj,:: propertl i'rnci it is onh' the i:orlpetent civil Court can crystalliz ' the rights of thc partic s. 1O. Accordinglv, this Writ Petition is dismisserl I'here sh:rll be no order as to costs. Misct:llancous petitions pencling, if any, shal stand closcd ,TRUE COPY// SD/- L.VIJAYA LAXMI ASiI iISTANT REGISTRAR ( SECTION OFFICER To,

1. OneCCto SRl. SRIKANTH HARIHARAN, Advocate t)PUCI 2. Two CCs to GP FOR REVENUE ,High Court for the S; rte of Telangana at Hyderabad IOUT]

3. One CC to SRI tv.DURGA PRASAD SC FORGHMC, [Cf UC] ;i=tEa-E-' fi'ffi*37 -- -./ i I i I i l I I

4. Two CD Copies DAN TKS ,dl_ HIGH COURT DATED:0611112025 ORDER WP.No.22421 of 2024 ; // I ! \: I l' Ro lltti .\ ;-i--- ,dli \(-/^ ) ! 5 ,i? 71126 z (*'\\al Soa { t r.rtr9 DISMISSING THE WRIT PETITION WITHOUT COSTS ui-t,tu