K,Bhagavan Raju vs The State Of Telangana
2022 Latest Caselaw 1127 Tel

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                  AND
      THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

              WRIT APPEAL No.149 of 2022

JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


      The present writ appeal is arising out of an order

dated 09.11.2021 passed by the learned Single Judge in

W.P.No.330 of 2021.

      The facts of the case reveal that the writ petition was

preferred by the appellant/writ petitioner being aggrieved

by the order dated 19.08.2020 passed by the Tahsildar,

Tandur Mandal, Vikarabad District, mutating the name of

the respondent No.5 in the revenue records in respect of

the subject land admeasuring Acs.13.21 guntas in Survey

No.52, situated at Sankireddypally Village, Tandur Mandal,

Vikarabad District. The facts further reveal that the land

was in the name of the original pattadar, late

Ramachandra Reddy, and an application was made by the

legal heirs of late Ramachandra Reddy for mutation. The

appellant's/writ petitioner's contention is that on account

of an agreement of sale, he is claiming title and he has filed

a suit for declaration and consequential relief.

In the considered opinion of this Court, unless and

until there is a judgment and decree in favour of the

appellant/writ petitioner, he cannot be declared as a

titleholder in exercise of writ jurisdiction under Article 226

of the Constitution of India. The learned Single Judge has

dismissed the writ petition with a liberty to the

appellant/writ petitioner to avail the remedies before the

competent civil Court.

This Court also does not find any reason to interfere

with the order passed by the learned Single Judge. It is

made clear that the observations made by the learned

Single Judge as well as by this Court will not come in the

way of the parties so far as the civil suit is concerned.

The writ appeal is accordingly disposed of.

The miscellaneous applications pending, if any, shall

stand closed. There shall be no order as to costs.

______________________________________ SATISH CHANDRA SHARMA, CJ

______________________________________ ABHINAND KUMAR SHAVILI, J 10.03.2022 vs