Dismissed

Khasim Sab v. The State of Telangana

Telangana HC10 Apr 2025WP/10854/2025

Case brief

AI extract

What is this about?

Petitioner sought mandamus directing revenue authorities not to register his disputed agricultural land in favour of third parties based on his notice, pending disposal of title suits. The Court held that mere pendency of civil cases does not bar registration, the Registering Authority has no power to examine document validity, and no prohibitory order existed. Writ petition dismissed without cost

What did the court decide?

No relief granted; writ petition dismissed with no order as to costs and pending miscellaneous petitions dismissed.

Khasim Sab Vs The State of Telangana — Property and Title | Telangana HC (2025)

¶1

[^32e6 ]

¶2

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶3

THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

¶6

WRIT PETITION NO: 10854 OF 2025

¶7

Between:

¶8

Khasim Sab, S/o Hussain sab, age.62 years, Occ. Agriculture, Rl/o Neelahali village Dharur Mandal Mahabub Nagar.

¶9

...PETITIONER

¶10

AND

¶11

The State of Telangana, Represented by its Principal Secretary, Revenue Department, Secretariat, at Hyderabad.

¶12

The District Collector, Jogulamba Gadwal District.

¶13

The Tashildar, Dharoor Mandal, Jogulamba Gadwal District.

¶14

Khaja Sab, S/o Hussain Sab, age.52 years,occ.agri Fi/o Neelahali village of Dharoor Manda' Mahabub Nagar'

¶15

...RES'.NDENTS

¶16

Petition under Article 226 of Ihe Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ order or direction declaring the action of Respondent.3 not considering the notice of petitioner dated 07-03-2025 not to make registration on third persons land pertaint to Survey No.31/AA3 extent ac.02-00 situtatcd at Neelahalli village Dharoor [/andal Jogulamba Gadwal district and consequentially direct the respondent No.3 not to consider the registration precent by the respondent No.4 pertaint to Survey No.31/AA3 extent ac.02-00 situtated at Neelahalli village Dharoor l/andal Jogulamba Gadwal district and the civil suit O.S.No.362 ot 2023 and O.S.No.107 of 2016 pending between the petitioner and respondent No.4 on the file of the Junior civil^judge at Gadwal and the action of the respondent No.3 as illegal, arbitrary, high handness and against the principles of natural^justice and violative of Article 14, 16,19 (1) (g), 21 , 300 A and 301 of the Constitution of lndia.

¶17

, i#_-rEiEFg .. rnSF+ ;-i,..J ,/ '' ,ct ,/

¶18

lA NO: 1 OF 2025

¶19

Petition under Section 151 CPC praying that in the ; rcumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court nray be^{pleased to direct} the unofficial Respondent No.4 to not alienate or create i^ny third^{party rights or} interest on the land admeasuring^pertaint to Survey No.l 1/AA3 extent^ac.02-00 situated at Neelahalli village Dharoor Mandal Jogulamba^,ladwal district^pending disposal of the abovr-. writ^petition.

¶20

Counsel for the Petitioner: SRI G.RAJESHWAR RAO Counsel forthe Respondent Nos.1 TO 3: SRI L.RAVINDE^{t, AGPFOR} REVENUE

¶21

Counsel for the Respondent No.4:^--

¶22

The Court made the following: ORDER

¶23

HON'BLE SRI .'USTICE C.V. BHASKAR R"EDDY

¶24

WRIT PETITION No.lO854 of 2O2S

¶25

ORDER:

¶26

This Writ Petition is filed praying this Court to declare the action of respondent No.3 in not considering the notice, dated 07.O3.2O25 issued by the petitioner not to make registratipf in respect of the land admeasuring Acs.2.OO guntas in Sy.No.31/AA3, situated at Ncelahalli Viltage, Dharoor Mandal, Jogulamba Gadwal District, in favour of third parties pending disposal of O.S.No. 1O7 ot 2016 and O.S.No.362 of 2023 on the file of the Junior Civil Judge, Gadwal, as illegal, arbitrary, violative of principles of natural justiie and also violative of Articles 14, 19,2L and 3OO A of the Constitution of India and consequently, prayed for other appropriate reliefs. 2. It is stated that the petitioner is the owner and possessor of the land admeasuring Acs.2.OO guntas in Sy.No.31/AA3, situated at Neelahalli Village, Daroor Mandal, Jogulamba Gadwal District. It is further stated that respondent No.4, by creating fraudulent documents, got registered the Gift Deed uide document No.766 of 1997 , dated 29.03. 1997 by impersonating the petitioner and basing on the said Gift Deed, he also instituted a suit for bare injunction uide O.S.No.IO7 of 2016 on

¶27

¶28

.1. ;,

¶29

CVI]R, J Wp _ 10854_ 2025

¶30

the file of the.Iunior Civil Juclge, Gadu,al. It is further stated that, after⁽ oming to know about the fabricate d Gift Deed, the petitioner also instituted a suit uide O.S. '1o.223 of 2016 seeking for r:ancellation of the Registered Gift D'cd. It is further stated that lhe suit instituted by the petitioner .as rejected on the ground that the land mentioned in the ear rer suit was not the same land mentioned in the Registered Gift t,:ed uide order ir-r LA.No.22ij of 2019. It is further stated that^.r:spondent No.4 herein also filed I.A.No.1 10 of 2O16 in O.S.^,,to.1O7 of 2O16 seeking for grant of temporary injunct orr restraining respondents therein from interfering with his peaceful possession and enjoyment of the suit'schedule [,r()perty and the Principal Jtrnior Civil Judge, Gadwal, uide orclcr, dated 07.12.2016, dismissed the said petition. Aggrier r.rl by the same, respondent No.4 herein filed C.M.A.No.2 of 2O1i' before the III Additional District and Sessions Judge, Gadwal rnd uide ordcr, dated 14.O7..2017, the said appcal was allowed rnd challcnging the same, thr: petitioner filed C.R.P.No.3892 of :0l7 belbre this Court and u le order, dated 23.02.2023, this Cr r-rrt clisposed of the said C.R.P. directing the trial Court to disp,,se of the main suit' i.e., O.Sl.No. 107 of 2016 within a perior of three (O3) -ohth"^{from the date of receipt of a copy of} hat order and

¶31

¶32

CVBR, J wp_10E54 2025

¶33

¶34

meanwhile, both^{parties were directed to maintainstatus quo} over the suit^{scheduleproperty' It is further stated that the} petitioner also filed^{O.S.No.362of 2023 seekingfor declaration} ofhistitleandrecoveryofpossessionandthesameispending. It is further^{stated that, pendingadjudication of the said suit'} when respondent^{No 4 is trying to regis[er the subject property} in favour of third^{parties, the petitioner got issued a notice'} dated 07.O3.2Cl25^{torespondentNo 3 not tomakeany} registration^{in respect of the subject landThc grievance of the} petitioner is that,^{even after receiptof the said notice'dated} 07.O3.2025,^{respondent No.3 did not copsider the same',i} 3. Considered^{the submissionsmade by the learned counscl} for the^{petitioner and SriL Ravinder' learned Assistant} GovernmentPleaderforRevenueappearingforrespondent Nos.lto3andwiththeirconsent,thiswritpetitionisbeing disposed^of at^{the admission stage ln view of the nature of} relief sought^{for in this writ petition, issuanceo[ noticeto} respondent^{No.4 is dispensed u'ith'}

¶35

Sri L.Ravinder,^{learned Assistant GovernmentPleader for} Revenue^{appearing for the respondents, has submittedthat} unless there^{is aprohibitoryorder not toentertainany} transaction^{or any other orders passedas per the Standing}

¶36

¶37

CVBR. J wp 10854 2025

¶38

Order 2 19 (b) of the Registra[ion Manual Par r-ll, Lhe revenue authorities are bound to entertain chango of the revenue records as per the procedure prescribed under the provisions of the Telangana Rights in Land and Paftadar Pas;books AcL,2O2O (for short "the Act 9 of 2O2O") and the Rule s mrr le' th<:reundcr.

¶39

It is settled law that the Registering . \uthr>rity is not having any power or authority to examine thr: documents and decide the ralidity or otherwise of the said rl:rcumcnts. Mere pendency ol the civil cases doe s not take arva_r, the rights of the parties. The petitioner has not obtained any prohibitory ordcrs from the competent civil Court for registratior r of the subject property in the name of third parties. Hence, tl c petitioner has not made out any case and the present r.rit petition is misconceiverl and the same is liable to be clismt s sed.

¶40

Accordingly, this Writ Petition is dismiss rd. 'l'here shall be no order Ers to costs.

¶41

As a sequel, the miscellaneous petitions rending, if any,

¶42

shall stand dismissed.

¶43

SD/. K.MADHAVI ASIiISTANT REGISTRAR //TRUE COPY// secrtJrcrrrcen

¶44

To 1. The Principal Secretary, Revenue Department' Secreta'iat' at Hyderabad' State of Telangana.

¶45

z. ifrJ oistrict^{Co"llector,Jogulamba Gadwal District'} 5. iii" i".]{itoar,^{onarobrlVandal,Jogulamba Gadwal Di:;trict'} ;. o;; ct io^{snr G.RAJESHWARRAo' AdvocatetoPU')l} 5. i;; dcrio-ci,Foc"R?"tEr.iui;^{nig-ri iorrt io|. the Srrrt'e of relangana,at} Hyderabad. [OUT]

6 Two CD CoPies

PSK TKS +..q.

*e.a