Citation : 2025 Latest Caselaw 5298 Tel
Judgement Date : 3 September, 2025
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.26311 of 2025
ORDER:
Heard learned counsel for the petitioner and Mr.L.Ravinder,
learned Assistant Government Pleader for Revenue appearing on
behalf of respondent Nos.1 to 4.
2. The petitioner herein claims to be the absolute owner and
possessor of the land admeasuring Ac.2-280 guntas in
Sy.No.273/11/ఆ/1/1, situated at Peddur Village, Telkapally
Mandal, Nagarkurnool District. In proof of the same, he has filed
copies of the latest passbooks and title deeds. Respondent Nos.5
and 6 have filed a suit in O.S.No.326 of 2023 on the file of the
learned Junior Civil Judge, Nagarkurnool, against the petitioner
and respondent Nos.2 and 4, seeking declaration of title, perpetual
injunction, and correction of revenue entries in respect of land
admeasuring Ac.1-02 guntas in Sy.No.273/9/2 and Ac.1-01 guntas
in Sy.No.273/9/1, totaling Ac.2-03 guntas, situated at Peddur
Village, Telkapalli Mandal, Nagarkurnool District. The said suit
was decreed ex parte. The petitioner has filed an interlocutory
application vide I.A.No.796 of 2024 to set aside the ex parte
judgment and decree, which is currently pending.
3. During pendency of the said interlocutory application,
respondent Nos.5 and 6 are trying to obtain pattadar passbooks
based on the ex parte judgment and decree. Therefore, the
petitioner has submitted a written representation dated 21.08.2025
to respondent No.4, with a request not to entertain any application
submitted by respondent Nos.5 and 6. Despite receiving and
acknowledging the said representation, respondent No.4 is
proceeding further. Challenging the said action of respondent
No.4, the present writ petition is filed.
4. Whereas, the learned Assistant Government Pleader for
Revenue, on instructions, would submit that the subject property,
i.e., land admeasuring Ac.2.280 guntas in Sy.No.273/11/ఆ/1/1,
situated at Peddur Village, Telkapalli Mandal, Nagarkurnool
District, has already been included in the list of prohibited
properties. Respondent No.4 has not received any application from
respondent Nos.5 and 6. However, if any such application is
received, respondent No.4 will consider it along with the objections
stated in the representation dated 21.08.2025, submitted by the
petitioner, and will pass appropriate orders strictly in accordance
with law, by putting the petitioner and respondent Nos.5 and 6 on
notice and affording them an opportunity.
5. In the light of the above submissions, notice to respondent
Nos.5 and 6 is dispensed with.
6. Accordingly, the writ petition is disposed of, directing
respondent No.4 to consider the written representation dated
21.08.2025 submitted by the petitioner, along with the application,
if any, received from respondent Nos.5 and 6 seeking mutation on
the strength of the ex parte judgment and decree dated 23.04.2024
in O.S. No.326 of 2023, passed by the learned Junior Civil Judge,
Nagarkurnool, strictly in accordance with law, by putting the
petitioner and respondent Nos.5 and 6 on notice and afford them an
opportunity. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall
stand closed.
_____________________ K. LAKSHMAN, J 03.09.2025 sa
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