Telangana High Court
Mudavath Rukmini vs The State Of Telangana on 10 February, 2025
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.5166 of 2024
ORDER:
This writ petition has been filed seeking to set aside the proceedings issued by respondent No.2 vide File No.Rev/D1/ROR/0010/2023 dated 19.02.2024 and for other appropriate reliefs.
The petitioner claims to be the absolute owner and possessor of agricultural land admeasuring Acs.4.00 in Survey No.36/2 situated at Kallepally Village, Rajapur Mandal, Mahabobnagar District, having purchased the same from its lawful owner on 05.08.2001. It is stated that the name of the petitioner has been mutated in the revenue records and pattadar pass books and title deeds were also issued in her favour. It is further stated that when the brothers of the petitioner, including respondent No.4 and their children, were interfering with her possession and enjoyment over the subject land, she was constrained to file a suit for perpetual injunction vide O.S.No.59 of 2010 on the file of the learned Principal Junior Civil Judge Jadcherla, Mahaboobnagar District and the same was dismissed on 13.06.2023.
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It is further stated that pursuant to the said judgment, even though no title has been decided in favour of respondent No.4 in the said suit, acting upon a representation submitted by respondent No.4 seeking mutation of entries in Dharani Portal in his favour, respondent No.2 issued notice dated 15.02.2025 to the petitioner, in response to which she appeared before respondent No.2 and requested time to file reply along with relevant documents. The grievance of the petitioner is that despite the same, respondent No.2, without application of mind, has passed the impugned order dated 19.02.2024 directing auto lock of the subject land until further orders, due to which she will be put to great hardship, as the subject land is the only source of livelihood for her family.
Learned counsel appearing for respondent No.4 submits that respondent No.4 is the owner and possessor of the subject land; in fact he is in possession and enjoyment of the same since long time; and as such the petitioner is not entitled for issuance of pattadar pass books and title deeds in respect of the subject property and there is no illegality in the impugned order passed by respondent No.2.
Considered the submissions of the learned counsel for the respective parties and perused the record. 3
Since there are serious disputes among the parties with regard to title and possession of the subject land and since the suit filed by the petitioner seeking perpetual injunction in respect of the subject property vide O.S.No.59 of 2010 has already been dismissed, neither the revenue authorities nor this Court can delve into the said disputes and decide the same.
Therefore, this Court without expressing any opinion on the merits of the matter, deems it appropriate to dispose of the writ petition by relegating the parties to approach the competent Civil Court, if they are having any claim over the subject land.
The writ petition is accordingly disposed of. Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
_________________________ C.V.BHASKAR REDDY, J 10.02.2025 JSU