Suram Bapu Reddy vs The State Of Telangana And 5 Others
2022 Latest Caselaw 6651 Tel

  THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

     WRIT PETITION Nos. 25181 OF 2019 AND 29039 OF 2022

COMMON ORDER:

        The subject matter of the these two (02) Writ Petitions is one

and the same and parties in the both the Writ Petitions are

common and hence, both the Writ Petitions are disposed of by this

common order.

2.      W.P.No.25181 of 2019 is filed questioning the orders passed

by respondent No.2-Revenue Divisional Order (for short 'RDO'), in

R.C.No.A/1248/2019, dated 21.09.2019, wherein the Pattadar

Pass Books issued in favour of petitioner No.1 in W.P.No.25181 of

2019 were cancelled in respect of the land admeasuring Acs.2.00

gts., situated in Sy.No.347/B/1/1 of Bheemaram Village,

Hasanparthy Mandal, Warangal District. This Court, by an order

dated 18.11.2019, granted interim suspension of the operation of

the impugned order dated 21.09.2019. In view of the suspension

order passed by this Court on 18.11.2019, petitioner No.1

approached the respondent-authorities requesting for mutation

and issuance of Pattadar Pass Book-cum-title deeds by submitting

an online application. By considering the said online application, 2 MSK,J wp_25181_2019 & 29039_2022

the case of petitioner No.1 was considered for mutation and for

issuance of Pattadar Pass Book in his name in respect of the

subject property. At that stage, respondent No.4 in W.P.No.25181

of 2019 approached this Court by filing W.P.No.29039 of 2022

assailing the action of respondent- authorities in considering the

online application submitted by petitioner No.1 in W.P.No.25181 of

2019 on the ground of violation of principles of natural justice and

also on the ground that they have already filed vacate application

in W.P.No.25181 of 2019 and the same is pending for

consideration before this Court besides several other grounds.

3. When W.P.No.29039 of 2022 came up for admission, this

Court directed for listing of W.P.No.25181 of 2019 also along with

W.P.No.29039 of 2022. Thus, both the matters are listed for

consideration before this Court. The relief sought in W.P.No.29039

of 2022 is dependent on the result of W.P.No.25181 of 2019.

Hence, it is appropriate to consider W.P.No.25181 of 2019 first.

4. Heard Sri C.Raghu, learned counsel for the petitioners,

Sri R. Rajendra Prasad, learned counsel for respondent No.4,

Sri T.Ranadhir Singh, learned counsel for respondent No.5,

and Sri Sudarshan Malugari, learned counsel for the petitioner in 3 MSK,J wp_25181_2019 & 29039_2022

W.P.No.29039 of 2022 and learned Assistant Government Pleader

for Revenue for official respondents in both the Writ Petitions.

W.P.No.25181 of 2019

5. As already noted above, W.P.No.25181 of 2019 was filed

against the order, dated 21.09.2019 passed by the respondent-

RDO, Warangal Urban, Warangal District. From the material on

record, it is noticed that aggrieved by the very same order, dated

21.09.2019, the petitioner has already filed a Revision Petition

under Section 9 of the Telangana Rights in Land and Pattadar Pass

Books Act, 1971( for short 'the Act, 1971'), before the Joint

Collector, Warangal District on 01.11.2019 and during the

pendency of the said Revision Petition, the very same petitioner

approached this Court by filing W.P.No.25181 of 2019 and

obtained interim suspension of the operation of order passed by

the respondent-RDO. In the affidavit filed in support of the said

Writ Petition, it is specifically contended by the petitioner that the

petitioners have no efficacious alternative remedy and hence, they

are invoking the jurisdiction of this Court under Article 226 of the

Constitution of India. The contentions of the learned counsel

appearing for respondent Nos.4 and 5 that the Writ Petitioners 4 MSK,J wp_25181_2019 & 29039_2022

have already availed alternative remedy of Revision under Section 9

of the Act, 1971 and suppressing the said fact, they have

approached this Court by filing the Writ Petition assailing the order

passed by the respondent-RDO, dated 21.09.2019 is not denied by

the petitioners. It is also brought to the notice of this Court that

the said Revision Petition filed by the petitioners came to be

transferred to the Special Tribunal constituted under Section 16 of

the Telangana Rights in Land and Pattadar Pass Books Act, 2020,

and the same was also disposed of by an order, dated 06.02.2021.

It is also not in dispute that the said order passed by the Special

Tribunal has become final.

6. The very action of the petitioners in filing the Writ Petition

before this Court under Article 226 of the Constitution of India by

categorically stating that they have no other alternative remedy

available under law is found to be totally false. In view of the fact

that they have already availed such alternative remedy available to

them under Section 9 of the Act, 1971, by the date of filing the said

Writ Petition, for the reasons best known to the petitioners, they

have filed the Writ Petition without disclosing the fact of filing of

the Revision Petition under Section 9 of the Act, 1971 before the 5 MSK,J wp_25181_2019 & 29039_2022

Joint Collector, Warangal District. Therefore, the said Writ Petition

is liable to be dismissed on the sole ground of suppression of the

material fact and availability of an effective alternative remedy of

Revision, especially in the context of disposal of the said Revision

Petition by order, dated 06.02.2021, the impugned order in this

Writ Petition merged with the order, dated 06.02.2021.

7. However, taking into consideration the fact that, much water

has flown after passing of the impugned order by the respondent-

RDO, this Court is not inclined to dismiss the said Writ Petition on

that sole ground. As is evident from the averments made in the

affidavit filed in support of W.P.No.25181 of 2019 and the counter

affidavits filed by respondent Nos.4 and 5, there are certain civil

suits pending between the parties in respect of the very same

subject property and adjudication of the said civil suits is yet to be

concluded by the concerned civil Court. The petitioners in both the

Writ Petitions are making rival claims over the very same property,

however, for different extents on different grounds and claiming

their title through different source. As already noted above, there

are civil suits that are pending between the petitioners in both the 6 MSK,J wp_25181_2019 & 29039_2022

Writ Petitions and some other third parties in respect of the very

same subject property.

8. From a perusal of the contentions raised on either side, it is

seen that, there are several factual aspects that are required to be

decided in order to arrive at a right and just conclusion in the

matter and to adjudicate the claim of the rival parties herein.

Learned Special Tribunal, while passing an order, dated

06.02.2021, in a Revision Petition filed by the petitioners in

W.P.No.25181 of 2019, has held that the disputes that are pending

among the petitioners in both the Writ Petitions are required to be

decided by a competent civil Court and the said order passed by

the Special Tribunal on 06.02.2021 remained unchallenged as on

date.

9. In the light of the above, and especially taking into

consideration the fact that civil suits in O.S.Nos.889 of 2015, 1024

of 2016 and 387 of 2019 are pending for adjudication before the

competent civil Court between the parties herein, this Court is of

the considered view that, it would be inappropriate to render any

finding on the factual aspects or with regard to the entitlement or

disentitlement of the respective parties to claim for 7 MSK,J wp_25181_2019 & 29039_2022

mutation/issuance of Pattadar Pass Book-cum-title deeds etc. As

already noted above, W.P.No.25181 of 2019 is liable to be

dismissed on the ground of suppression of material facts. But,

taking into consideration of the Judgment passed by a Division

Bench of this Court in the case of Ratnamma v. RDO,

Dharmavaram1 wherein it was held that the respondent-RDO has

no authority to entertain an appeal against issuance of Pattadar

Pass Book-cum-title deeds and the impugned order passed by the

respondent-RDO is one such order passed in an appeal filed

against issuance of Pattadar Pass Book-cum-title deeds. This Court

is inclined to hold that the impugned order is the one passed

without any authority or jurisdiction by the respondent-RDO.

10. Though this Court is inclined to set aside the impugned

order in W.P.No.25181 of 2019, this Court is of the considered view

that, the claim of the rival parties herein is required to be

adjudicated by the competent civil Court in the pending civil suits.

Any attempt if made by this Court to decide this matter on merits

by considering the rival contentions and the title set up by the

respective parties over the subject property would likely to effect

2015 (6) ALD 609 8 MSK,J wp_25181_2019 & 29039_2022

the adjudication of the pending civil suits in either way. Therefore,

this Court is not inclined to adjudicate this Writ Petition on merits

with reference to the entitlement or disentitlement of the respective

parties to seek mutation and issuance of Pattadar Pass Book-cum-

title deeds in respect of the subject property.

11. Under the above circumstances, this Court is of the

considered view that, it would be in the interest of justice to leave it

for the competent civil Courts where the above referred civil suits

are pending, to decide the right and entitlement of the respective

parties by following due process of law, and the entries in the

Revenue records in respect of the subject property shall not be

allowed to be changed or altered pending disposal of the civil suits

referred to above between the parties.

12. In the light of the above the impugned order, dated

21.09.2019 is set aside, and Writ Petition is disposed of leaving it

open for the petitioners and unofficial respondents to agitate their

rights over the subject property in the pending civil suits or by

initiating fresh proceedings as may be advised in that connection.

Pending adjudication by the civil Court the official respondents are

directed to maintain status quo with regard to the entries in the 9 MSK,J wp_25181_2019 & 29039_2022

Revenue records in respect of the subject property till the matter is

adjudicated by the competent civil Court either in the pending civil

suits or in any other appropriate proceedings. Once, the disputes

are adjudicated by the competent civil Court either way, the parties

are given liberty to approach the Revenue authorities seeking

amendment of Revenue records or for change of entries in the

Revenue records etc., in terms of the order that may be passed by

the competent civil Court.

W.P.No.29039 of 2022

13. In the light of the order passed in W.P.No.25181 of 2019 no

separate order need be passed in this Writ Petition and the same is

hereby disposed of interms of the order in W.P.No.25181 of 2019.

As a sequel, miscellaneous applications, pending if any in

this Writ Petition, shall stand closed. There shall be no order as to

costs.

                                  __________________________________
                                 MUMMINENI SUDHEER KUMAR, J


Date: 09.12.2022
Nds
                           10                              MSK,J
                                      wp_25181_2019 & 29039_2022

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

WRIT PETITION Nos. 25181 OF 2019 AND 29039 OF 2022

Date: 09.12.2022

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