High Court · 2025

1. Ihe State of Telangana, Rep. by its principal Secretary, Revenue . 2. The Diskict Collector, Ranja Reddy District, Konqarkalan. 3. The Revenue Divisional Officer, Ch-evella Divisioni, Raiendranaoar j. fhe Tahasildar, Office of Tahasitdar Shankarpalty, n.n. OistiiCll 5. B.Ramesh, S/o. Late B.Bhoomaiah, Age aboye 6j vears. occ: Business. R/o P,ot N0,402, H.No.1-1-419lE, Sr.rsheelb Residency,'Garldhina{ar, Hydeiabad (ft5 iq irnpleaded aq per pou( Or(er Ql; 11.02.20\fl in tA,No.2l,?O2a) 6. Mangalapuru Dhanasena Wq. M.Chandra Sekhara Reddv. Aoed about 70 years, Qpc: Housewife. R/o. Ftat No.40?, Srinlketai Apdiiinen'.ls. Sanieeva Reddy Nagar, Hyderabad 500038. Represented fv C,5n-eiaiiS-*";i--'- Attorrfey Holder. Sai Saranya Chinta Wo. Srikantd Raqhav'a. Aoed about 43 yearQ,'Occ: !_o-qs_e_wife R/o Vilta No.17, Legend fnir"S, Odnijip"t, Hyder?hed q90075. (ff6 i9 impleEded as per Qourt grder 4l 11 o2.2OZ5 in tA,No.3t2Q24) ...8E$PoNDENrs Petitipn under Article 226 of the constitutiqn of lndia prayiqg that in the circumstanggs stated in the affidavit filed therewith, the High'.Cgurt may pe pleased to issge an apptopriate wril, order or direction more particr,llarly one in the nature gf writ qf Mandamus .declaring the action of the official respondents 2 to 4 in not dispoqing thq online applic4tion no. 2400096023 dated 13-09-2004, for cancellation of pattadar pass books and tifle deeds issue( in {avoui qf third parties based gn illegal documents in respect of sy.No.Q0 and g'1 of Bhulkapur Village, shankqrpally Municipatity and Shankarpally Mandal, R R District as illegal, arbitrary, u nconstitut ion a I and infringement of fundamental rights guaranteed to me under Articles 14 1g,21 and 300-4 of the Constitution of lndia and violation of ROR Act, and G'arn Panchayat Act, apart from being in v olation of the consequently direct principles of natural justice and far play and the official respondent no. 2 to 4 to dispo$e ofthe application No. 2400096623 dated 13-Q9- 2004 in Sy.Nq.80 and 91 of Bhulkqpur Village, Shankarpally Municipality and Shankarpally Mandal R.R, District. lA NO: I OF o24 Petitipn under Seatign 151 CPC praying that in the circumstances stated in the affidavit [il9d in gupport of the petition, tne High Court may be pleased to dirept the official reqpondgnt nq, 2 lg 4 [o dispqEe af the application No. ?40009662q dated 4 3-Q9-?004 in Sy.No.9o ang 81 of Bhulkapur Village Shankarpally Municipality-qnd Shankarpally Man{El, R R District. Counsql for the Petitioner: SSI K.F,K.GARGEYA Counsel fo6 tfie Reppondent Nos.l TO 4: GP FOB REVENUE Counsilfoq the RpSpondent No.5i $Bl J.FqVARDHAN coqnssf fol $i Regpoldgnt {o.6; sFl M,86lr/lr REDDY rhe court TE{e tlg follgyyingi oRDFR 7 / ORDER: HON'BLE SRI JUSTICE C.V.BHASKAR REDDY UIRIT PETITION No.28247 of 2024 This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "...to issue an oppropiote uiL order or direction more parttanlarlg one in the nature of urit of Mandamus declaing the action of the oJficial respondents 2 to 4 in not dtsposrng the online application no- 2400096623 dated 13-O9-2OO4, for cancellation of pattadar pass books and title deeds issued in fauour of third parties based on itlegal documents in respect oJ SA.Nc.8O and 81 of Bhulkapur VilLage, Shankarpally Municipalitg and ShankarpalLy Mandal, R.R. Dtslncl as illegot, arbitrary, un constitutionot and infringement of fundomentdl rights Waranteed to me ullder Articles 14, 19, 21 and 30O-A of the Constitution oJ India and uiolation of ROR Act, and Gram PanchaAat Act, apart from being in uiotation oJ the pinciples of nahtral Tlstice and fair plag and consequentLA direct the olficial respondent rlo. 2 to 4 to dispose of the application No. 24O0O96623 dqted 13-09 2OO4 in Sg.No.8O and 81 of Btatlkopur Village, Shankarpatlg Municipality and Shankarpally Mandal, R - R. Dtstict... "

2. Considered the submissions of learned counsel for the respective parties and perused the record.

3. It is the 'case of the petitioner that he is the owner and possessor of Plots Nos.152, 155, 156, admeasuring 20O sq.yds each, Plot No. 1O8, admeasuring 225 sq.yds, Plot Nos.97 arrd 98 admeasuring 250 sq.yds each, Plot no.115 admeasuring 225 sq.yds.' Plot no.133 admeasuring 25O sq.yds., Plot no.1O7 admeasuring 225 sq.yds, Plot No.43lA admeasuring 200 sq.yds, Plot No.48lA admeasuring 2O0 sq.yds, Plot No.41 admeasuring 2O0 sq.yds, Plot 2 sq._vd s, No.44 admeasuring 2O0 sq.yds, plot No.45 admeasurinr3 200 sq.yds, Plot No.38 ad:reasuring 2OOsq.yds, plot No.2O/A adm,rasuring 200 sq.yds, and l)lot No. 150 admeasuring 20O Plot No. 151 admeasurinll l)OO sq.yds, plot No.1 16 adrrieasuri ng 225. sq.yds, plot No.117 adrrrea.suring 22S sq.yds, Plot No.145 adme,rsunng 200 sq.yds, Plot No.56/A admeasuring 2OO sq.yds in Sy. No.g0 and g1 situated at BhuLlkapur Village, Shatarpally Municipaliry irnd Mandal, Ranga Reddy. tristrict, having purchased the same und.r registered sale deeds br:aring document No.2063/2022 datect i)4.o4.2022, document lrto,3580/2022 dated Ol.O7 .2022 and document No.3564/2O22 ,iared O1.O2.2O22. It is stated rhat the peritioner,s vendors and their predecessors-in_interes t are the o,,vners and possessors of various extents of lands in Sy.Nos_81 and rl1 situated at Bhulkapur V'illage and that after conversion of the land from agricultural to non_agricultural use, the petitioner purr hased the house site plots. However, despite such conversion, the revenue authorities cotrtil-rued to maintain the records as agricultrrral lands. Taking advantiegr: of the same, it is stated that when th: rd parties tried to interfere .with the petitioner,s possession and creat,r multiple sale transactior-rs, the petitioner instituted a suit vide O.S.No.274 of 2024 on the fiL: of the Junior Civil Judge, Chevella seeking declaration of title and consequential injunction and the same is pending for adjuclication. It is the case of the petitioner that he J submitted online application No.24O0096623 dated 73-O9-2OO4, for cancellation of pattadar pass books and title deeds issued in favour of third parties in respect of lands in Sy.Nos.8O and 81 of Bhulkapur Village, but till date no action has been taken.

4. It is settled law that once the property is ceased to be agricultural land, the revenue authorities are not having any power to classify the converted land as agricultural land. When there are serious disputes regarding title, possession, and validity of documents, the writ jurisdiction under Article 226 of the Constitution of India cannot be invoked for adjudicating such disputed questions of fact. The power of judicial review is limited to cases involving illegality, irrationality, or procedural impropriet5r in actions of public authorities, and does not extend to determination of civil disputes with regard to right, title, and possession of the property. In the instant case, the issues raised by the petitioner pertains to disputed questions of ownership and title and possession, which are required to be adjudicated by a competent civil Court after examination of evidence.

5. ln Mohan Pandeg us. Usha Rani Raigarial the Hon'ble Supreme Court observed as follows '(1992) 4 scc 61 4 '6: xxxx. .. It llas repeatedlg been hetd bg this Court os also b.rr uanous High Coun s that a regular sutt is the appropiate remedg for i,,ttlement of dtsputes; relating to propertg ights betuteen priuate persons antl that tle remedyl under Article 226 of the Constihation shall not be rtuailable except wfute uiolation oJ some stdtutory dutA on the part of a .;tatutory i:; alleged. And in such a co'se, the Court will issue authoitg appropiet e direction to the authoitg concemed. IJ the reat 91ie uance of dent is agaitst the initiation of criminal proceedings, and the the respon orde rs p<z-ssed and steps taken th.ereon, she must auaiL of the remeda under the tle,neral lau including the Crtminal Procedure Cod.e. ,,-he Hioh t aLlow the constitutional iuisdiction to be used -for .Cecidinq Court ca nno r uhich remedies, under the oeneral law, ciui| or L:riminal. disputes, tb are auailab tdies bu uaLt of ct sttit or aDplication auailable to a lttiqant. The frnsolcfion is speci.ctl dlfQ exlraordinaru and should not be exercised cesuallu or Itq htlu.' (q no ho.si s sup pli e d). 1l i.s

6. ln Duarka Prasad. Agarual as. B.D. Agarual2, ,he Hon,ble Supreme Courl cbserved as follows: "The Lligh Colut Luhite exercising a pou.ter of judictal reureu.t is ccncemec) uith iLlegolitlt, iftotionalttg and procedural impropietA of at order passed bg tlrc Stqte or a statutory a thoritA. Remedg under Arlicl.e 226 of the (:onstitution of India cannot be inuoked for resolutton of a piuate laL, cl.ispute a.s contra distinguislrcd from a dispute iryuoluing public laut c h.aracter. It is also uell-settled that a uit remed! ts not auailable for resolution of a propertA or a title dispute."

7. In vierv of the above, this Court is of the opinion that ends of justice would l)e met if the parties are relegated to agitate their grievances in th<: pending suit vide O.S.No.274 of 2024 on the Ille of Junior Civil .h-rdge, Chevella and seek appropriate relief, in accordance with law. It is needless to state that the ob:iervations made by this Ccurt in this order are conflned only for tht: purpose of disposal of this writ petition and shall have no bearirrg on any proceedings betvreen the parties. 'l2oo3) 6 scc 230 \ -- *'l \ - I 5

8. With the above observations, this Writ Petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SO/-T. TIRUMALA DEVI EPUW REGISTRAR SECTION OFFICER To 1 I J 4 6 6 7 B I PSK. BS The Principal Secretary, Revenue Department, Secretarrat, Hyderabad, State of Telangana. The District Collector, Ranga Reddy District, Kongarkalan. The Revenue Divisional Officer, Chevella Division, Rajendranqgar The Tahasildar, Office of Tahasildar Shankarpally, R.R. District. One CC to SRI K B.K.GARGEYA, Advocate [OPUC] One CC to $Rl J.GOVARDHAN, Advocate IOPUCI One QC to SRI l/.RAM| REDQY, Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Two QD Copies ?n' HIGH COURT DATED:1 110212025 ORDER WP.No.28247 ot 2024 URGENT - ==-- .F S iAl'a t ( q f ['l liiri ?[fr ? a \..* \a- + ,:" DISPOSING OF THE WRIT PETITION WITHOUT COSTS (* (><- \