Chinnala Kishan @ Kistaiah v. 1. The State of Telangana

Petition Under Article 226 ot lhe Constitutlon of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order more particularly one in the nature of writ of mandamus or any other appropriate writ or order or orders declaring the action of the 3rd respondent refusing to transfer patta in the name of the petitioner in the revenue records from the name of his elder brother late Chinnala Rangaiah in respect of Acs. 3-00 land in Sy.No.7O/A of Gattikal Village of Rayaparthi Mandal of Warangal District taking into consideration and basing on the Lok Adalat Award in O.S.No.1343 ot 2022 dated 28-09-2024 on the ground that the ad-interim injunction order granted by the I Addl. Junior Civil Judge at Warangal in 1.A.No.165 of 2025 dated 28-02-2025 in O.S.No.127 of 2025 is against the petitioner as illegal, invalid, arbitrary, violative of Articles 14, 16 and 21 of the Constitution of lndia and against the Principles of Natural Justice, and consequently direct the respondent nos. 2 and 3 to transfer/mutate the patta of Acs. 3-00 land in Sy.No.70/A of Gattikal Village of Rayaparthi Mandal of Warangal District in the name of the petitioner in the revenue records and issue pattadar passbook cum title deed and take all the required and relevant steps in that regard. !.A.NO:1 OF 2025 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 respondent nos. 2 and 3 to transfer / mutate patta in the name of the petitioner from the name of his deceased elder brother Chinnala Rangaiah in respect of Acs. 3-00 land in Sy.No.7O/A of Gattikal Village of Rayaparthi Mandal of Warangal District and issue pattadar passbook cum title deed, pending disposal of the above writ petition. Counsel for the Petitioner : SRI NADIPALLY ANANDA RAO Counsel for the Respondent Nos.1 to 3 : SRI L.RAVINDER, AGP FOR REVENUE Counsel for the Respondent Nos.4 & 5 : -- The Court made the following ORDER ! t 1 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITI ON No.33249 of 2o25 DATED : 02-12-2025 Between : Chinnala Kishan @ Kistaiah. And ... Petitioner. The State of Telangana, rep. by its Principal Secretaqr, Revenue Department, BR Ambedkar Secretariat, Hyderabad and others ... Respondents. ORDER: The present writ petition is filed by the petitioner under Article 226 of the Constitution of India, seeking the following relief : u... to issue a writ or order more particularly one in the nature of writ of mandarnus or any other appropriate writ or order or orders declaring the action of the 3.d respondent refusing to transfer patta in the n€une of the petitibner in the revenue records from the narne of his elder brother late Chinnala Rangaiah in respect of Acs.3-00 land in Sy.No.7O/A of Gattikal Village of Rayaparthi Mandal of Warangal District taking into consideration and basing on the Lok Adalat Award in o.s.No. L343 of 2022 dated 28-09-2024 on the ground that the ad-interim injunction order granted by the I Addl. Junior civil Judge at warangal in I.A.No.165 of 2025 dated 28-o2-2o2s in o.s.No. L2T of 2o2s is against the petitioner as Illegal, invalid, arbitrary, violative of Articles 14, 16 and 21 of the constitution of India and against the Principles of Natural Justice and consequently direct the respondent nos. 2 and 3 to transfer/mutate the patta of Acs. 3-00 land in Sy. No.70/A of Gattikal village of Rayaparthi Mandal of Warangal District in the name of the petitioner in the revenue ; ) ! . I ( , ! records and issue pattadar passbook cum title deed and take all the required and relevant steps in that regard...,,

2. Heard Sri Nadipally Ananda Rao, learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government pleader appearing on behalf of Government pleader for Revenue sri K.Muralidhar Reddy.

3. The learned counsel for the petitioner submits that true and correct name of the petitionei is Chinnala Kishan, as reflected in his school and Aadhaar records and that the occasional reference to him as "Kistaiah" in earlier proceedings arose only out of familial usage and has been duly clarified by affidavit. He is the son of late Laxmi Narsalah, the absolute owner of Acs.9.OO of agricultural land in Sy. No. 70 /A of Gattikal Village, Rayaparthi Mandal, warangal District, which, upon an oral partition among the sons after their father's demise, fell to the petitioner's share to an extent of Acs;3.oO, over which he has been in continrorr", peaceful and uninterrupted possession, though the revenue records remained in the name of his deceased elder brother, I Chinnala Rangaiah. The petitioner's right, title and possession over the said Acs.3.00 were conclusively recognized. by a Lok Adalat Award dated 28.09.2024 passed in o.s.No. 1343 of 2022, which attained finality and expressly recorded no objection for mutation in his favour, while also noting that other co-sharers had either sold their shares or / / Page 3 of6 -! had no subsisting rights. Despite this, respondent Nos.4 and 5 instituted O.S. No.l27 of 2025 only in respect of Acs.4.0O in Sy.Nos. 7OlAl1 and 7O/A/2, wherein the petitioner is shown merely as the southern boundary holder, clearly demonstrating that his land to an extent of Acs.3.00 is distinct and not the subject matter of the said suit or the ad-interim injunction granted therein. Notwithstanding the final Lok Adalat Award, the agriculturist certificate issued to the petitioner in 2016 and the fact that Sy.No.7O/A is not included in the prohibited list, the third respondent has illegally refused to transfer patta in the petitioner's name, citing the injunction in O.S.No.l27 of 2025, which has no application to the petitioner's land. Such refusal, influenced by the unwarranted objections of respondent Nos.4 and 5 who have neither right nor possession over the petitioner's land, is arbitrary, contrary to record, violative of principles of natural justice and has left the petitioner with no efficacious alternative remedy except to invoke the extraordinary jurisdiction of this Hon'lcle Court under Article 226 of the Constitution of India. i

4. Per contra, the learned Assistant Government Pleader appearing on behalf of the learned Government Pleader for Revenue opposing the present writ petition, reiterating the averments made in the letter dated 02.12.2025 in Rc.No.B/ll}9l2025 addressed by the Tahsildar, Ralruaparthy Mandal, submits that the writ petition is not ( Page 4 of6 maintainable and is liable to be dismissed, as the dispute pertains to patta land involving serious inter se civil disputes between private parties, which are already the subject matter of pending civil proceedings. On verification of revenue records, it is evident that Sy. No.70/A of Gattikal Village stands recorded in- the name of late chinnala Rangalah to an extent of Acs.4.33 gts., with the specilic endorsement "Not Signed civil court cases," clearly indicating subsisting litigation and objections. Though reliance is placed by the petitioner on the Lok Adalat Award dated 28.09.2024 in o.S.No.1343 of 2022, it is submitted that subsequent to the said award, multiple objections and legal notices were received by the revenue authorities, . including the institution of o.S.No.l27 of 2025, wherein the competent civil court has granted an ad-interim injunction in I.A.No.165 of 2025 dated 28.02.2025 in respect of land forming part of Sy.No.7O/A. In such circumstances, the revenue authorities are legally bound to maintain stqtus quo and are precluded from effecting mutation till the civil disputes are finally adjudicated, as mutation is only for liscal I purposes and does not confer or decide title. It is further submitted that there exists an extent-wise dispute on the ground between the legal heirs of the petitioner's brother and third-party purchasers and therefore the refusal to mutate patta is neither arbitrary nor illegal but is a cautious and lawful administrative action taken to avoid .n" pgtitioner has an multiplicity of proceedings and co / Page 5 of6 efficacious alternative remedy before the competent civil Court and the extraordinary juri'sdiction of this Court under Article 226 of the Constitution cannot be invoked to compel mutation amidst pending civil litigation and injunction orders. Stating thus, he seeks to dismiss the present writ petition..

5. This Court, having heard the rival contentions advanced on either side and having perused the material available on record and without expressing any opinion on. the merits or demerits of the case, is of the view that, in light of the admitted pendency of civil disputes and the subsisting ad-interim injunction in O.S.No.127 of 2025 relating to ; Sy.No.70/A, the revenlle authorities were justified in declining mutation and maintaining status quo. Mutation being a fiscal entry does not confer title and cannot be directed by this Court in exercise of its jurisdiction under Article 226 of the Constitution of India when disputed questions of fact and inter se rights between private parties are pending before the competent civil Court. The action of the third respondent, therefore, cannot be termed illegal, arbitrary, or ) unconstitutional. Consequently, the writ petition is dismissed, granting liberty to the petitioner to work out his remedies in accordance with law before the appropriate civil forum and to seek consequential reliefs, including mutation, subject to the outcome of such proceedings. Page 6 of6 (

6. In the result, the present writ petition is dismissed. No order as to the costs. Interlocutory applications, if any pending, shall also stand dismissed. ' ttrRUE coPY// SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR ,/^ (9 ' SECTION OFFICER

1. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUTI

2. Ohe CC to SRI NADIPALLY ANANDA RAO, Advocate [OPUC] 3. Two CD Copies To SA \ L ' ? / 4 !- t I l o c) t * U 0 6 JAi ,iz[ ;',,.4 i': HIGH COURT DATED i0211212025 ORDER WP.No.33289 of 2025 DISMISSING THE W.P WITHOUT COSTS. 6 laL trl'