HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.24191 OF 2023
ORDER : (ORAL)
This writ petition is filed aggrieved by the action of
respondents No.2 to 4 in not processing the petitioner's application
vide Dharani Reference No.C12300036670 dated 25.07.2023 for deletion of agriculture land admeasuring Acs.2-34 guntas in Survey No.111/E situated at Aziznagar, Village, Moinabad Mandal, Ranga Reddy, from the prohibitory list of properties.
2. It is submitted that originally the subject land was owned by father of the petitioner by name Mr Borra Chandraiah. After his demise, the name of mother of the petitioner by name Borra Laxmamma was recorded in respect of the subject land. Mother of the petitioner died on 25.12.2014 and after her death, the names of petitioner's sister-in-law and her daughter were mutated in the revenue records in respect of the subject land without the consent of the petitioner. When respondent No.5 did not accept for amicable partition, petitioner filed a suit in O.S.No.368 of 2022 (old O.S.No.73 of 2022) for partition and separate possession in 2 respect of the subject land on the file of learned I Senior Civil Judge-cum-Assistant Sessions Judge, Ranga Reddy District at Chevella. In the said suit, ad-interim injunction was granted against defendants No.1 and 3 restraining from alienation of suit schedule property till the disposal of the suit. It is stated that respondent No.4 herein is also a party to the said suit and by virtue of ad-interim injunction passed in I.A. No.304 of 2022 dated 30.04.2022, the property was kept under prohibitory list. That during pendency of the suit, parties entered into compromise and terms were reduced to writing through memorandum of understanding dated 04.07.2023 where under, defendants agreed to transfer the land admeasuring Ac.0-22 guntas out of Acs.2-34 guntas in Survey No.111/E/1 and 111/E/2 in favour of the petitioner and Ac.0-23 guntas in favour of petitioner's sister's son.
3. It is submitted that application was made through Dharani Portal vide Dharani Reference No.C12300036670 dated 25.07.2023 requesting respondents No.2 to 4 to delete the subject land from the prohibitory list and for issuance of mutation proceedings to the petitioner in accordance with judgment and 3 decree passed in O.S. No.368 of 2022 dated 25.07.2023. It is submitted that in view of the disposal of O.S. No.368 of 2022 dated 25.07.2023, the orders passed in I.A. No.304 of 2022 will not survive as the same was merged in the suit judgment.
4. Heard learned counsel for the petitioner and learned counsel for unofficial respondents and learned Assistant Government Pleader for Revenue. I have perused the material available on record.
5. It is represented by learned Assistant Government Pleader for Revenue that Dharani application of the petitioner has been processed and basing on compromise judgment and decree in O.S. No.368 of 2022, respondent No.4-the Tahasildar, Moinabad Mandal, has recommended to allow the transaction (application) as requested by the petitioner and the same was forwarded to the office of Collectorate.
6. In view of the same, no further orders are required to be passed. Accordingly, the writ petition is allowed directing respondents No.2 and 4 to complete the process pursuant to the 4 Dharani application of the petitioner vide Dharani Reference No.C12300036670 dated 25.07.2023 for deletion of agriculture land admeasuring Acs.2-34 guntas in Survey No.111/E situated at Aziznagar, Village, Moinabad Mandal, Ranga Reddy, from the prohibitory list of properties, in accordance with law, by issuing notice to all concerned/interested persons, within a period of one (1) month from the date of receipt of a copy of this order. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
_______________________ B. VIJAYSEN REDDY, J Dt: 21.09.2023 RRK