Telangana High Court
Sri. Nandelli Manohar Rao vs State Of Telanagana on 19 March, 2025
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.15495 of 2023
ORDER:
This writ petition is filed seeking following relief:
"For the reasons stated in the accompanying affidavit, the Petitioner prays that the
Hon'ble Court may be pleased to issue an appropriate writ, order or direction particularly in
the nature of Writ of MANDAMUS declaring the action of the Respondents 2 to 5 in going to
mutate the names of the Respondents 6 to 9 basing on the exparte order dated 02-01-2023
in the revenue records in respect of the land admeasuring Ac. 01-10 Gts in Sy. No. 1567/E,
Ac. 00-06 Gts in Sy. No. 1567/E9, Ac. 00-06 Gts in Sy. No. 1567/E9 and Ac. 00-06 Gts in
Sy. No. 1567/E9 total admeasuring Ac. 01-28Gts, situated at Ramayampet Village,
Grampanchayat Ramayampet, Ramayampet Mandal, Medak District as illegal, arbitrary,
unjust, improper, contrary to law and violative of article 300-A of the Constitution of India
and consequently to direct the Respondents 2 to 5 not to mutate the names of the
Respondents 6 to 9 in the revenue records and pass such other order or orders as this
Hon'ble Court may deem fit and expedient in the facts and circumstances of this matter."
2. It is stated that the petitioner is the absolute owner and
possessor of land admeasuring to an extent of Acs. 01.10 guntas in Survey
No.1567/E, Acs. 00.06 guntas in Survey No.1567/E9, Acs. 00.06 guntas in
Survey No.1567/E9 and Acs. 00.06 guntas in Survey No.1567/E9, total
admeasuring Acs. 01.28 guntas, situated at Ramayampet Village,
Grampanchayat Ramayampet, Ramayampet Mandal, Medak District, having
purchased the same from one Smt. Satvinder Kaur Abboveja, w/o. S.Manjit
Singh Abboveja under registered sale deed vide Document No.449 of 2014
dated 01.02.2014. It is further stated that respondent Nos.6 to 9 instituted
a suit in O.S.No.30 of 2021 on the file of the Principal Junior Civil Judge-
cum-Judicial Magistrate of First Class at Medak and obtained an order and
decree in their favour on 02.01.2023 and under the guise of the said order
and decree dated 02.01.2023, respondent Nos.6 to 9 have approached the
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District Collector for mutation of their names in the revenue records in
respect of the lands in Survey No.1567/E. The grievance of the petitioner is
that he has made a representation dated 06.06.2023 to respondent Nso.2 to
5 to stop the mutation of the names of respondent Nos.6 to 9 pertaining to
land in Survey No.1567/E, but they have not considered the same. Hence,
the present writ petition.
3. Learned counsel for the petitioner vehemently contended that
even before service of the summons, O.S.No.30 of 2021 was decreed vide
order dated 02.01.2023 and having come to know about the said fact, the
petitioner has filed an application under Order IX Rule 13 CPC seeking to set
aside the ex parte decree dated 02.01.2023. It is further contended that
pending adjudication of the application being filed under Order IX Rule 13
CPC, the respondent Nos.2 to 5 are making efforts to mutate the names of
respondent Nos.6 to 9 in the revenue records relying upon the ex parte
decree dated 02.01.2023. Therefore, the petitioner made a representation
dated 06.06.2023 to respondent Nos.2 to 5 not to entertain any application
submitted by respondent Nos.6 to 9 for mutation of the names of respondent
Nos.6 to 9 in the revenue records basing on the ex parte decree dated
02.01.2023.
4. Admittedly, it is stated that the Court below has granted
ex parte decree dated 02.01.2023 in O.S.No.30 of 2021. It is further
contended that the petitioner has filed an application under Order IX Rule
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13 CPC seeking to set aside the ex parte decree dated 02.01.2023 after lapse
of more than two years. The petitioner is not in a position to place any order
of the Court below allowing the application filed under Order IX Rule 13 CPC
staying the operation of the judgment and decree dated 02.01.2023. The
revenue authorities are not conferred with any power to decide the validity or
otherwise of any judgment or decree except enforcement of the said
judgment and decree dated 02.01.2023 as per provisions of the Telangana
Rights in Land and Pattadar Passbooks Act, 2020 and Rules made
thereunder.
5. Considered the submissions of the learned counsel for the
respective parties and perused the record.
6. In view of above submissions, leaving it open to the petitioner to
take appropriate steps for restoration of the application filed under Order IX
Rule 13 CPC within a period of four (04) weeks from today and in the event
of such an application being restored to file, the petitioner is permitted to
submit a representation to respondent Nos.2 to 5 by duly enclosing the
restoration orders and if the petitioner fails to file any application for
restoration within the time specified above, respondent Nos.2 to 5 are
directed to pass orders on the application submitted strictly in accordance
with law, after issuing notice to the petitioner and all other interested parties
and pass appropriate orders.
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7. With the above observations, the Writ Petition is disposed of.
There shall be no order as to costs.
Miscellaneous applications pending, if any, shall stand closed.
____________________________
C.V.BHASKAR REDDY, J
Date: 19.03.2025
KL
