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.
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.
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
