Pakalapati Benjamin Abhishai v. 1. The State of Telangana

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ, order or direction more in the nature of writ of mandamus, declaring the action of the respondents 3,4 and 5 in not issuing the pattadar pass book and title deed in-spite of directions passed by the Additional Junior Civil Judge-cum-Additional Judicial Magistrate of First Class, Jangaon admeasuring Ac.1.2O guntas in Sy.No. BBiA situated at Salvapur Village, Bachannapet Revenue lr,4andal, Jangaon District as illegal, z rritrary, totally against to the principles of natural justice and against the Articles 14, 16 and 300-4 of Constitution of lndia and consequently direct the responde- s 3,4 and 5 to i$ue the pattadar pass book and title deed in-spite of direr;,ons passed by the Additional Junior Civil J udge-cum-Add itional Judicial Magi trate of First Class, Jangaon admeasuring Ac.1 .2O guntas in Sy.No. BB/A situat: i at Salvapur Village, Bachannapet Revenue l\,4andal, Jangaon District forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the c r )umstances stated in the affidavit filed in support of the petition, the High Court m,r ,be pleased to direct the respondents 3,4 and 5 to issue the pattadar pass book a rd title deed in -spite of directions passed by the Additional Junior Civil Judge-ct n-Additional Judicial Magistrate of First Class, Jangaon admeasuring AcJ .2O 11r ntas in Sy.No. 88/A situated at Salvapur Village, Bachannapet Revenue Mar r al, Jangaon District forthwith pending the disposal of the above WP. Counsel for the Petitioner: SRI S. PRADEEP KUMAR Counsel for the Respondents: SRI L. RAVINDER, AGP FOll REVENUE The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL ril/RIT PETITION No.34698 of 2025 ORDER This Writ Petition is ljled praying this Cburt to declare lhe action of respondent Nos-3 to 5 in not issuing pattadar passbook and title deed basing on the judgment and decree in O-S-No.84 of )Ol9 on the hle of the Additional Junior Civil Judge-cum Additional Judicial Magistrate of First Class, Jangaon, in respect of the land admeasuring Ac. 1.20 guntas in Sy.No.88/A, situated at Salvapur Village, Bachannapet Revenue Mandal, Jangaon District, as i1legal, arbitrary ard against Articles 14, 16 and 3OO-A of the Constitution of India and consequcntly, direct rcspondent Nos.3 to 5 to issue pattadar passbook and title deed and for other appropriate reliefs.

2. Heard Sri S.Pradeep Kumar, learned counsel for the petitioner and Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent, this writ petition is being disposed of at the admission stage-

3. Learned counsel for the petjlioner w$uld submit that the petitioner had purchased the land admeasuring Ac.1.20 gr-rntas a. /./, :'.\ ! ! I 2 EVV, J \Vp_ 34698 2025 in Sy.No.88/A, situated at Salvapur Village , Bachannapet Reven.ue Mandal, .,langa.,n District, through regi; cred sale deed bearing documcnl No.44/2O08, datcd 28.07.l )08 from cne Gadicherla Nagamrna. Learned couns:l f:i lh: I Ititioner would lurther submit l-hat the vendor of the petitionc -. in collusion with one Machavaram Madhava Rao parties, rad created a fraudulent sale deed bearing No.77O of 2O1, cl:.t :d O3.O3.2015 and the saicl Madhava Rao had sold the said lar< to one Paresh Shaw uide sale deed No.2146 of 2016, dutt I 30.O4.2016. Therefore, the pctitioner lodged a compiaint agai Lst the original vendor with the revenue department. Hc also iLcd a suit for declaration and perpetual injunction uide O.S.Nr .84 of 2019 on the file ol thc learned Additionai Junior Crr Ll Judge-cum- Additional Judrcial Magistrate of First Class ,J r lgaon and the said suit was decreed ulde judgment anc decree, dated

07.Oa.2O24 in favour of the petitioner and basi rg on the said judgment and dccree, the petitioner made an a1r ,lication, dated

24.O4.2025 for issuance of pattadar passbook. L rarned counsel for the petitioner would further submit t: 1t, when the respondent authorities did not act upon the sairl application, he made a representation, dated 28.1O.2025 thrort ,h his counsel. The grievance of the petitioner is that, even afte ' receipt of the l 1 I i I I i I I I I t x : ; i ., EVV, J Wp_34(;98_2025 said representation, the respondent authorities did not consider I,hc same. He u,ould lurther submit that despite the petitioner succeeding in the suit, no action is laken by respondent No.4, who has the bounden duty to act upon the same and as the petilioner u,ould suffer irreparable Ioss, he would seek appropriate directions to the rcspondents.

4. Learned Assistant Government Pleader for Revenue would submit that the petitioner's case is under consideration and alter thorough enquiry and affording an opporlunity of hearing to all the concerned, necessary action would be taken by the compctcnr authorit)' i.e., respondent No.3 during the course of time.

5. Having heard the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, this Court, without expressing any opinion on the merits and demerits of the case, deems it appropriate to dispose of this writ petition directing respondent No.3 to conduct an enquiry on the application, dated 24 .O4 .2025 made by the petitioner for issuance of pattadar passbook in respect of the land admeasuring Ac.l.2O guntas in Sy.No.88/A, situated at Salvapur Village, Bachannapet Revenue Mandal, Jangaon I EVV, J Wp -14698 2025 District b1 issuing notice to all lhe persons intc - sterl and after giving sufficient opllortu:r.tJ. of personal hearin,l to thcm, pass appropriate orders strictlv in accordancc . rth lau, ts cxpediLiousl-v as possiblc, prcfer:rbly, \4,i.hI. Ji. iod of 90 days from the date of reccipt. of a copv o[ this order

6. With the above obser-v'alions, this Writ Pctrt on is disposcd of. There shall be no ordcr ars to costs As a sequel, the miscellancous petitions l'rrding, if any, i I I I E i , I t : shall stand closed f SD/. ASS r ,. PONNA KRISHNA TANT BEGISTRAR L:- SECTION OFFTCER I //TRUE COPY// To 1 2 3 The Revenue Divisional Officer' Jangoan Division' Janllr an District' One CC to SRI S. PRADEEP KUMAR, Advocate [OPIJ TwoCCstoGPforRevenue,HighCourtforthel]ateofTelanganaat Hyderabad. [OUTI 4 Two CD CoPies MP HIGH COURT DAT lD:1711112025 ORDER WP.No,34698 of 2025 or1 .s )t \s(o Ot L! /': // -i'.,:' \.. , .., Anstu ,t DISPOSING OF THE \^/ RIT PETITION WII'{OUT COSTS i I I i i i I I ! j t I I I I I I I I I I t ..)