Telangana High Court
Veeraboina Srishailam vs The State Of Telangana on 26 March, 2025
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.9164 of 2025
ORDER:
It is stated that the petitioner is the owner and possessor
of the land admeasuring Ac.0.13 ½ guntas in Sy.No.351/E;
Ac.1.21 guntas in Sy.No.358/A and Ac.0.33 guntas in
Sy.No.380/A, situated at Yedumotalapalli Village, Pegadapalli
Mandal, Jagtial District, having purchased the same through
registered sale deed bearing document No.354 of 2010, dated
05.02.2010. It is further stated that, disputing the right and
entitlement of the petitioner, respondent No.4 had instituted a
suit for declaration of title and consequential recovery of
possession of the property purchased by the petitioner through
registered sale deed bearing document No.354 of 2010, dated
05.02.2010 vide O.S.No.65 of 2010 on the file of the Senior
Civil Judge, Jagtial. It is further stated that the said suit was
decreed vide judgment and decree, dated 25.09.2023 and
aggrieved by the same, the petitioner filed A.S.No.7 of 2024 on
the file of the Principal District Judge, Jagtial. It is further
stated that, pending adjudication of the said appeal, when the
respondent authorities tried to consider the application
submitted by respondent No.4 seeking for mutation and
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consequential issuance of pattadar pass book, the petitioner
was constrained to file W.P.No.24019 of 2024 before this Court
and this Court, by an order, dated 02.09.2024, disposed of the
said writ petition directing respondent No.2 therein to consider
the online applications submitted by the petitioner with a
request to mutate his name and issue E-Pattadar Passbook and
also the report of respondent No.4 and the fact that there is no
interim order in A.S.No.7 of 2024 and pass appropriate orders
strictly in accordance with law by putting the petitioner and
defendant Nos.1 and 2 of the said suit i.e., Sri Veeraboina
Srishilam S/o. Kuntaiah and Sri Manda Papaiah S/o. Narsaiah,
on notice and affording them an opportunity. The grievance of
the petitioner is that, inspite of the order of this Court in
W.P.No.24019 of 2024, dated 02.09.2024, the respondent
authorities rejected the claim of the petitioner vide impugned
proceedings.
2. Considered the submissions of the learned counsel for the
petitioner and Sri L.Ravinder, learned Assistant Government
Pleader for Revenue appearing for respondent Nos.1 to 3 and
with their consent, this writ petition is being disposed of at the
admission stage. In view of the nature of relief sought for in
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this writ petition, issuance of notice to respondent No.4 is
dispensed with.
3. Learned counsel for the petitioner has fairly submitted
that respondent No.2, duly taking into consideration of the
judgment and decree in O.S.No.65 of 2010 and also the orders
passed by this Court in W.P.No.24019 of 2024, dated
02.09.2024, has rejected the claim of the petitioner vide
impugned proceedings, permitting the petitioner to file online
application in appropriate module in Dharani Portal after
obtaining necessary orders in the pending appeal.
4. In view of the above submissions and since it is stated by
the learned counsel for the petitioner that the appeal suit
instituted by the petitioner aggrieved by the judgment and
decree in O.S.No.65 of 2010 and I.A.No.40 of 2024 in A.S.No.7
of 2024 are pending consideration, this Court is of the opinion
that the ends of justice would be met if the petitioner is
permitted to pursue I.A.No.40 of 2024 in the pending appeal
and after obtaining necessary orders i.e. restraint/stay orders in
the appeal, the petitioner is at liberty to make appropriate
application requesting respondent No.4 not to amend the
entries in the revenue records pending disposal of the appeal.
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5. With the above observations, this Writ Petition is disposed
of. There shall be no order as to costs.
6. As a sequel, the miscellaneous petitions pending, if any,
shall stand closed.
________________________________
JUSTICE C.V.BHASKAR REDDY
26.03.2025
gkv
