Telangana High Court
Malyala Laxminarayana vs The State Of Telangana on 25 June, 2025
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.6455 of 2022
ORDER:
This Writ Petition, under Article 226 of the Constitution of
India, is filed seeking the following relief:
"....to issue a writ, order or direction more particularly one in the
nature of writ of Mandamus to declare the action of the
respondents Nos.2 & 3 in changing the revenue record and entries
on dharani portal in respect of Sy.No.148 admeasuring Ac.4.14 gts
by recording the names of the respondents Nos.4, 5 & 6 as owners
for Sy.No.148/1, 148/2 & 148/3 each admeasuring Ac.1.18 gts of
Hanumajipeta Village, Vemulawada Rural Mandal, Rajanna
Siricilla District contrary to pending suit in O.S.No.133/2016 on the
file of the Senior Civil Judge at Siriclla filed by the respondents
Nos.4 to 6 and contrary to the order dated 08.01.2016 in Appeal
No.D/3342/2015 passed by RDO, Siricilla and violative of the
privisions of the Telangana Rights in Land and Pattadar Pass Book
Act, 2020 violative of Articles 14 and 300A of the Constitution of
India....."
2. It is stated that the petitioner is the owner and possessor
of land admeasuring Ac.4.14 guntas in Sy.No.148 situated at
Hanumajipeta Village, Vemulawada Mandal, Rajanna Siricilla
District, having purchased the same by way of a simple sale
deed on 24.09.1988, and the revenue authorities have issued
pattadar passbook and title deed bearing No.453591 under the
provisions of the Telangana Rights in Land and Pattadar
Passbooks Act, 1971 and the Rules made thereunder. It is
further stated that respondent Nos.4 to 6, who are the brothers
of the petitioner, filed an appeal vide No.D/3342/2015 before
the Revenue Divisional Officer requesting to set aside the
Proc.No.B/85/09-40, and the passbooks and title deeds issued
in favour of the petitioner, and the same was allowed vide order
dated 08.01.2016 cancelling the Proc.No.B/85/09-40 and
passbooks issued in favour of the petitioner; and aggrieved by
the said order, the petitioner filed a Revision vide No.D1/1222
of 2016 before the Joint Collector, and pending adjudication of
the said revision, respondent Nos.4 to 6 filed a suit in
O.S.No.133 of 2016 on the file of the Senior Civil Judge at
Siricilla, seeking partition over the suit schedule property. It is
further stated that the revision filed by the petitioner was
disposed of directing the parties to claim the rights as per the
judgment to be passed in O.S.No.133 of 2016 on the file of the
Senior Civil Judge at Siricilla, which was instituted by
respondent Nos.4 to 6 seeking partition over the suit schedule
property. The grievance of the petitioner is that pending
adjudication of the said suit and contrary to the order passed by
the Joint Collector, the respondent authorities have mutated the
names of respondent Nos.4 to 6 in the revenue records, and
basing on the said illegal entries, respondent Nos.4 to 6 are
trying to alienate the subject property. Hence, this writ petition.
3. Considered the submissions of the learned counsel for the
petitioner; Sri L. Ravinder, learned Assistant Government
Pleader for Revenue appearing for the respondent Nos.1 to 3,
and perused the record.
4. It is evident from the record that the petitioner purchased
the subject property by way of a simple sale deed, and
questioning the said sale deed, respondent Nos.4 to 6 have filed
an appeal before the RDO, and the said appeal was allowed
cancelling the pattadar passbooks and title deeds issued in
favour of the petitioner; and challenging the same, the petitioner
filed a revision and the same was disposed of directing the
parties to claim the rights as per the judgment passed in
O.S.No.133 of 2016 on the file of the Senior Civil Judge at
Siricilla, which was instituted by respondent Nos.4 to 6.
5. In view of the above, since the suit in O.S.No.133 of 2016
instituted by respondent Nos.4 to 6 claiming rights over the
property is pending on the file of the Senior Civil Judge at
Siricilla, this Court is of the opinion that ends of justice would
be met if the Senior Civil Judge at Siricilla is directed to decide
O.S.No.133 of 2016, as expeditiously as possible, without being
influenced by the observations made in the orders passed by the
RDO and the Joint Collector. After deciding the title and right
of the parties over the subject property, they are at liberty to
submit an application in terms of the judgment and decree
passed by the Court below seeking amendment of the Record of
Rights as per the Telangana Bhu Bharati (Record of Rights in
Land) Act, 2025 (for short "the Bhu Bharati Act") and the Rules
made thereunder. In any event, if the said application does not
fulfil the requirements of the Bhu Bharati Act, the respondent-
authorities shall pass a reasoned order, in accordance with law.
Till such time, the existing entries in the revenue records over
the subject property shall be continued.
6. With the above observations, this Writ Petition is disposed
of. There shall be no order as to costs.
As a sequel, the miscellaneous petitions pending, if any,
shall stand closed.
________________________________
JUSTICE C.V.BHASKAR REDDY
Date: 25.06.2025
sus
