Writ petition sought restraint on issuance of pattedar passbooks and Dharani portal entries pending civil suits over disputed agricultural land in Warangal. The court held title disputes are for the civil court and disposed of the writ petition directing parties to approach the competent civil court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[32e6 I
HIGH COURTFOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY,THE SECONDDAY OF APRIL TWO THOUSANDANDTWENTYFIVE
PRESENT
THE HONOURABLESRI JUSTICE C.V. BHASKARREDDY
WRIT PETITIONNO:16'l 80F 2022
Between:
AND
(Respondents 5 to7 are Rl/oParvathagiriVillage and Mandal' Warangal District).
...ResPondents
Petition underArticle226 of the Constitutionof lndia prayingthat in the circumstancesstatedin the affidavit filed therewith' the High Court maybe pleased to issue anappropriate writ, order or direction more particularlyone in the nature of writof mandamusdirecting the respondents2 to 4 not to issuenew
. :.. -,..i
7
pattedar passbooks and not to enter their names in the Dtarni portrrl website until disposal of the civil t;uits between petitioners and unofficial resl)ondents S to 7 which are pen,iirg >e:fore the civil courts by implementing the cr(ler passed by special tribunal daterj 05-02-2021.
lA NO: 1 OF 2022
Petition unrlerr {iection 151 cpc praying that in the circLrms.arces stated in the affidavit fik:d in support of the petition, the High court may tre pleased to directing the responrlernts 2 to 4 not to issue new pattedar passb.cks and not to enter their nam:s in tlre Dharni portal website until disposal of the srits which are pending before thr: r; v I courts, pending disposal of Writ petitiorr.
lA NO: 2 OF 2022
Between:
(Responclents;5 to 7 are Rl/o. parvathagiri Village and Marrdal, V/arangal District)
...Vacate Petitioners/Responclents No.5 to 7
AND
...Respondents/ResPondents
Petition under section 15'l CPCpraying thatin the circumstances statedin the affidavit filed in supportof the petition, theHigh Cou( maybe pleased to dismiss the vacate the interimorder grantedin w.P.No.161 8 of 2022, daled 171O112022 in the interest ofjustice.
Counsel for the Petitioners:SRI J.P.SRIKANTH Counsel for the RespondentsNo. 1 to 4: GP FORREVENUE(TG) Counsel for the RespondentsNo.5 to 7: SRI K.V.BHANU PRASAD
The Court made the following:ORDER
7
HON,FLE SRI JUSTICE C.V.BHASKAR RIDDf,)I,
OIi'RIT PETITION No.1618 of2022
ORDER:
This \,ri1 l)etition, under Article 226 of tl.r e C,rns ir.ution of
India, is fi er1 rs:r:l<ing the following relief:
"..-.lo i-s sr-r< an appropiate ui| order or drrec,ictq nore par7icularl11 ':,te in the nature of urit of mandamtts di-ec'ti rc, the respot7,7e"Ll Vo-s.2 to 4 not to issue neru pattedar passttooks and not to (t1l?r th?ir ndmes in the Dhanti portal website_ untll di..;;.osttl of the r: ii ;1tits betueen petitioners and unofficial responCent Nos.5 ro 7 uthich are pendinq before the c uil ::our; s by implernt:ntirL,1 tlrc order passed by special tnltutoi d_zted. 05.02.:10.:)t. . "
I I
r .--1
2
in favour of respondentNo.7,and pending adjudication of the said case, the Governmenthas repealedthe Telangana Rights in Larrd and PattadarPass Books Act, 197 | (for short the Act' 1971') and enacted newAct calledas "the TelanganaRights in Land and PattadarPass Books Act, 2O2O" (for short Act' 2O2O'l and all the casespending before the revenlle authorities under the Act,197 I were transferredto the Special Tribunal' and the Special Tribunalvide order dated 05'02'2021 disposed of the said appealrelegatingthe appellanttherein to approach Civil Court by filinga suit, in view of the seriousdisputes with regard to identificationand extentsof the subjectlands'
{
4.ItissettledlawthattheTribunalisnotthecompetent authority todecide the disputes relatingto title' extent' nature anditsclassificationofthelandswhileentertainingthe applicationsfor updating the revenuerecords or for mutation of the namesin the revenue records' The revenueauthorities are conferredwith the power to amend the records basing on the documentsrelied uponby the parties' It is evident from the materialplaced on record that there are serious disputes arnong thefamily memberswith regardto relating to title' extent,natureanditsclassificationofthesubjectlands,
J
therefore tht:I',: rs no illegality or legal infirmities rvar-ranting interference cf tlte orders passed by the TriburLal. Th : issues raised in thisr u,rt petition can be appropriately addresr.re d by a Civil Cour', in a properly instituted civil suit, based on the evidence a<ldr-r,::rl by the parties.
As a rierlu,:l, the miscellaneous petitions pelding, if any,
shall stand cl os,rcl
To,
St)/,,V. KAVITHA DEPUTTREGISTRAR ,} //TRUE COPY' SEC'I'ION OFFICER j
BGS
.}--..''.>**
rtt{t"-:&!r"F.!"ai*,:?<
t
-\
HIGH COTJR]'
DATED: 0210412025
ORDER
WP.No.1618 c,f 2022
.: '--
S
1nt(
u, iULJ
,/
DISPOSING OF THE WRIT PETITION WITHOUT CO:STS il r-\ ..\ -'- 1' c
1 issue framed by the court
Whether the revenue authorities should be restrained from issuing new pattedar passbooks or entering names in the Dharani portal pending disposal of civil suits between the parties.
4 provisions across 4 enactments
J. Ravinder Rao
J. Rajesh Kumar
The State of Telangana, Rep. By its Principal Secretary, Revenue Department
The District Collector, Warangal District
The Revenue Divisional Officer, Warangal District
The Thasildar, Parvathagiri Mandal, Warangal District
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
