High Court · 2025

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 writ or Direction more particularly one in nature of writ of Mandamus declaring the action of the Respondent No. 2 and 3 for not considering the Petitioner application dated 27t05t2o22 for cancellation of Pattedar Pass Books registered in favour of Respondents Nos. 7 and g with ( respect of Agricultural Land in Sy.No. 59 and 69 to an extenl of Ac. 09 -20 gts, covered by Sy.No. 59 and 69 to an extent of Ac. 9-20 gts situated at Narayanapur Village of Bachannapet Mandal of Jangoan District is against to the Article 14 and 21 of the constitution, and Principles of Natural Justice and consequently direct the Respondent Authorities to to cancel the passbook registered in favour of Respondents Nos. 7 and B with respect of Agricultural Land in Sy.No. 59 and 69 to an extent of Ac. 9-20 gts situated at Narayanapur Village of Bachannapet Mandal of Jangoan district. 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 direct the respondents No.2-3 not to initiate any sale transactions with respect of agricultural land in 'Sy.No. 59 and 69 to an extent of Ac. 9-20 gts Sitqated at Narayanapur Village of Bachannapet Mandal of Jangoan district, pending disposal of above Writ Petition. Counsel for the Petitioner: SRI P.ACHUT RAMA SHASTRY Counsel forthe Respondent No.1 to 3: AGP FOR REVENUE Counsel for the Respondent No.4 to 6: M/s. ACHYUTH BHARATWAJ Counsel forthe Respondent No.7 & 8: SRI S.ASHOK REDDY The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.32644 of2023, ORDER: . This Writ petition, under Arricle 226 of the Constitution of India, is filed by the petitioner seeking to decrare the action of the respondent Nos.2 and 3 in not considering his application dated 27.O5.2022 for cancellation of pattedar passbooks issued in favour of Respondents Nos.7 and g in respect of agricultural land admeasuring Ac.O9-2O gts in Sy.Nos.59 and 69 situated at Narayanapur v lage, Bachannapet Mandar, Jangoan District, as illegal, arbitrary and violative of principles of naturil .iustice and consequently, prayed this court to direct the Respondent_ authorities to cancel the pattedar passbooks issued in favour of Respondents Nos.7 and g.

2. It is stated that the petitioner is the .owner and possessor of agricultural land admeasuring Ac.9-20 gts in Sy.Nos.S9 and 69 situated at Narayanapur Village, Bachannapet Mandal, Jangoan District and he executed a registered gift settlement deed dated 19.03.2012 bearing document No.1062/2012 in favour of respondent Nos.4 to 6, who are his wife and children but their names were not mutated in the revenue records and pattadar passbooks were also not issued in their favour. The petitioner claims that on 13. I 1.2022, r I,t 2 he was informed by Bachannapet police thar one Middapaka Sudhakar, a distant relative of respondent No.4, had lodged a complaint alleging that respondent No.4 had been availing widow pension from the Govemment since October 20 I I on the false piemise that the petitioner had died. Consequently, the petitioner filed a complaint against the respondent No.4 on the file of Bachannapet police Station and the same was registered as a case in Crime No. 131/2012 for the offence under Section 420 IpC. After completion of investigation, a charge sheet was filed, and the same was numbered as C.C.No.4Og of 2Ol2 on the hle of .fudicial Magistrate of First Class, Jangaon. It is the case of the petitioner that he filed a suir vide o.s.No.93 of 20 13 seeking decraration of title, consequential injunction and cancellation of the gilt settlement deed dated 19.O3.2012 but the same was dismissed by the trial Court. Challenging the same, he filed an appeal vide A.S.No.263 ol 2019 on the lile of Principal District Judge, Jangaon and the same is pending for adjudication. It is further case of the petitioner that pending adjudication of the dispute before the Civil Court, the respondent Nos.4 to 6 without his knowledge, alienated the subject lands to respondent No.7, who in turn gifted the same to respondent No.g. It is also case of the petitioner that even though he is in possession of the subject lands, the respondent-authorities without conducting . .r---.-. ./ any enquiry mutated the names of respondent Nos.7 and 8 in the revenue records. The grievance of the petitioner is that he submitted application dated 27.O5.2O22 to the respondent Nos'2 and 3 seeking to cancel the pattadar passbooks issued in favour of respondent Nos.7 and 8 but till date, no action has been taken. The learned counsel for respondent Nos.7 and 8 submitted 3. that, having executed a registered gift settlement deed in favor of respondent Nos.4 to 6, the petitioner cannot seek its cancellation at later stage. It is further submitted that respondent Nos'4 to 6 validl,V transferred the subject property in favour of respondent No 7, who subsequently gifted the same to respondent No.& The learned counsel also submitted that the comprehensive suit vide O'S'No'93 of 2073, fited by the petitioner, was dismissed by the trial court, and challenging the same, the petitioner had filed an appeal vide A.S.No.263 of 2019 on the file of Principal District Judge, Jangaon'

4. In view of the above submissions since it is stated that the appeal vide A.S.No.263 of 2Ol9 filed by the petitioner is pending on the file of Principal District Judge, Jangaon, this Court without going into merits of the case, deems it appropriate to dispose of the writ petition relegating the petitioner to file an appropriate application in the said appeal and seek appropriate relief, in ,1 accordance with law. In the event, petitioner obtains any orders in the said appeal, the respondent-authorities shall take necessary action in accordance with such orders. 5 With the above observations, this Writ petition is disposed of. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No order as to costs. To, //TRUE COPYII SD/-L. LAKSHMI BABU GISTRAR ASS(qTANT RE ,]\e*ciiou. OFFICER '1 . The Principal Secretary, Revenue Department, Telangana State. 2. The District Collector of Jangoan, Jangoan District 3. The Revenue Divisional Officer, Jangoan Division, Jangoan. 4. One CC to SRI P.ACHUT RAMA SHASTRY, Advocate [OPUC] 5. One CC to M/s. ACHYUTH BHARATWAJ, Advocate [OPUC] 6. One CC to SRI S.ASHOK REDDY, Advocate [OPUC] 7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUTI B. Two CD Copies BSR AQ YY I I HIGH COURT DATED: 22tO1t2O2S ORDER WP.No.32644 of 2023 fE 3 I;4 ,].,8 o (.) { tiB 2ult 1 .+ r}[--^s,,,.n re B (_o -< l DISPOSING OF THE WRIT PETITION, WTHOUT COSTS l\L' of4 W ,d#g _.-_.__-..".".'1H