Sama Thirupothaiah v. 1. The State of Telangana

6. Erugajivi Srisailam, S/o Narayana, Aged 34 years, Occ Agriculture, R/o Peddur Village, Telkapally Mandal Nagarkurnool District .....RESPONDENTS Petition Under Article 226 oI 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 nature of WRIT OF MANDAMUS declaring the action of the respondents 2 to 4 in issuing the pattadar pass books to the unofficial respondents which is petitioner land admeasuring Ac. 2-28 guntas in Sy.No. 27311 1lAAl111 situated at Peddur village, Telkapally [/andal, Nagarkurnool district even pendency of the l.A. NO. 796 of 2024 in OS NO. 326 of 2023 on the file of Principal Junior Civil .t.,=-:-F.r€.16:=._-7 ./ Judge at Nage rkurnool to set aside the exparte decree passed in os No. 326 of' 2023 dated 23t412O24 is illegal, arbitrary, contrary to law and violation of Articles, 3004 of the Ctnstitution of lndia and consequently direct the respondents not to issue pattadar pass books to the respondents 5 and 6 in respect of the petitioner land extent of ,\c. 2-28 guntas in Sy.No. 27311 1/AA/1/1 situated at Peddur village, Telkapally Mandal, Nagarkurnool district until finalizatir:ns of the civil matter before the cou rt below. l.A.NO:1 OF 21125 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit fi ed in support of the petition, the High Court may be pleased to direct the respondents 2 to 4 to stop the further proceeding for not to issue pattadar pass books to the respondents 5 and 6 in resperct of the petitioner land extent of Ac 2-28 guntas in Sy No. 27311 1lAAl1l1 situated at Peddur village, Telkapally It/andal, Nagarkurnool district until finalizat on of the civil matter O.S.No 326 of 2023 pending before the Principal Junior Civil Judge at Nagarkurnool :ending on the file of the respondent court pending disposal of the writ petition Counsel for the Petitioner : M/s P.PADMA RAO Counsel for the Respondent Nos.1 to 4:SRl L.RAVINDER, AGP FOR REVENUE Counsel for th e Respondent Nos.5 & 6 : - The Court marle the following ORDER THE IIONOURABLE SRI JUSTICE K. LAKSTIMAN WRIT PETITI ON No. 26311of 2025 ORDER: Heard leamed counsel for the petitioner and Mr.L.Ravinder, leamed Assistant Govemment Pleader for Revenue appearing on behalf of respondent Nos. I to 4.

2. The petitioner herein claims to be the absolute owner and possessor of the land admeasuring Ac.2-290 guntas in Sy.No.273ll 1/ellll, situated ar peddur Viilage, Telkapally Mandal, Nagarkurnool District. In proof of the same, he has filed copies of the latest passbooks and title deedsl Respondent Nos.5 and 6 have filed a suit in O.S.No.326 of 2023 on the file of the leamed Junior Civil Judge, Nagarkumool, against the petitioner and respondent Nos.2 and 4, seeking declaration of title, perpetual injunction, and correction of revenue entries in respect of land admeasuring Ac.l-02 guntas in Sy.No.273l9l2 and Ac.l-01 gunras in Sy.No.273 l9/1, totaling Lc.2-03 guntas, situated at peddur Village, Telkapalli Mandal, Nagarkumool District. The said suit was decreed ex parte. The petitioner has hled an interlocutory I I l 2 application vide I.A.No.796 of 2024 to set aside the ex parte judgment and decree, which is currently pending

3. Drring pendency of the said interlocutory application, respondent Nos.5 and 6 are trying to obtain patradar passbooks based on the ex parte judgment and decree. 'fherefore, the petitionel has submitted a written representation dated 2 1 .08.2025 to respor dent No.4, with a request not to enteftain any application submitterl by respondent Nos.5 and 6. Despite' r'eceiving and acknowk,dgine the said representation, respondent No.4 is proceeding fur1her. Challenging the said action of respondent No.4, the present writ petition is f,rled.

4. Whereas, the learned Assistant Government Pleader for Revenue. or.r instructions, would submit that the srbject propefty, i.e., land admeasuring Ac.2.280 guntas in Sy.No.273llll€.llll, situated at Peddur Village, Telkapalli Mandal, Nagarkurnool District, has already been included in the list of prohibited propertie;. Respondent No.4 has not received any a.pplication from responde rt Nos.5 and 6. However, if any such application ls received, respondent No.4 will consider it along with the objections stated in the representation dated 21.08.2025, submitted by the E6,'l^o.*l. ,ii" .;' {i|'' 3 petitioner, and will pass appropriate orders strictly in accordance with law, by putting the petitioner and respondent Nos.5 and 6 on notice and affording them an opportunity.

5. In the light of the above submissions, notice to respondent Nos.5 and 6 is dispensed with

6. Accordingly, the writ petition is disposed of, directing respondent No.4 to consider the written representation dated

21.08.2025 submitted by the petitioner, along with the application, if any, received from respondent Nos.5 and 6 seeking mutation on the strength of the ex parte judgment and decree dated23.04.2024 in O.S. No.326 of 2023, passed by the learned Junior Civil Judge, Nagarkumool, strictly in accordance with law, by putting the petitioner and respondent Nos.5 and 6 on notice and afford them an opportunity. There shall be no order as to costs As a sequel, miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/-C. DEEPIKA ASSISTANT REGISTRAR as- SECTION OFFICER '1. The Principal Secretary, Department of Revenue, Secretariat Buildings State of Telangana at Hyderabad.

2. The District Collector, Nagarkurnool District, Nagarkurnool. 3. The Revenue Divisional Officer, Nagarkurnool Revenue Division, Nagarkurnool District.

4. The Tahsilidar, Telkapally Mandal Telkapally, Nagarkurnool District. 5 Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUTI

6. One CC to tt/l/s P.PADMA RAO, Advocate [OPUC] 7. Two CD Copies To M/ SA ,QE HIGH COIJRT DATED:01110912025 I ,1 . 1'. t.,-t.' ',(' 1|l SEP zffi J-' // :.-, J,),4, \.j ORDER WP.No.26311 ot 2025 DISPOSING OF THE W.P WITHOUT'COSTS. 0\ q 'I