Dumbale Lava Kumar Reddy Vs The State of Telangana

Dumbale Lava Kumar Reddy, S/o Late Sri Ram Reddy, Aged about 58 years, Occ Doctor, R/o H.No. 2-10-2511 and 2, Srinivas Nilayam. Opp. RTC Bus Depot, Jangaon, Jangaon District.

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Dumbale Laxma Reddy. (died as per LR petitioner no. 6)

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3 Dumbale Shathragna Reddy. S/o Late Sri Kondal Reddy, Aged about 80 years, Occ. Agriculture, R/o Nagarm Village, Lingalghanpur Mandal, Jangaon District

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Dumbale Sukheder Reddy, S/o Late Sri Bharath Reddy, Aged about 50 years, Occ. Agriculture, R/o Nagarm Village, Lingalghanpur Mandal. Jangaon District.

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Dumbale Madhav Reddy, S/o Late Sri Bharath Reddy, Aged about 48 years, Occ. Private Employee. R/o 1-10-60. Grain lvlarket Road, Jangaon urban. Jangaon District.

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Dumbale Raja Angadh Reddy, S/o Late Sri Laxma Reddy, Aged about 60 years, Occ. Agriculture. Rlo 62713511 , Opp Season Hotel, Jangaon Town, Jangaon District.

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...PETITIONERS

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AND

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1 The State of Telangana, represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad,

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2 The Special Tribunal. rep by District Collector Jangaon Jangaon District. 3 The Tahsildar, Lingal Ghania- Revenue Mandal, Jangaon District,

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4 Dumbale Kondal Reddy. S/o. Sri Venkat Reddy, Aged about 70 years, Occ Agriculture, R/o Yenkapally Village, Pudur Nlandal, Ranga Reddy District

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Dunbale Sudershan Reddy, S/o Srr Ramchander Reddy Aged about 67 years, Occ. Agriculture. R/o H.No. B-93, Srinivas Nagar, Chintal HI/T Road. Hyderabad

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Komaralula Yellaiah, S/o Rama Swamy, Aged about 40 years, Occ Agriculture, R/o. Nellutla Village, Lingalaghanpur Mandal. Jangaon District.

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7, Komarajula Siddi Mallamma, Wo Rama Swamy, Aged about 70 years, Occ household, R/o. Nellutla Village, Lingalaghanpur Mandal. Jangaon District.

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8 Dumbale N,rrsi^{Reddy, S/o late Anantha Reddy, Aged about 60 years, Obc} Agriculture,^{R/o. Nagaram Village, LingalaghanpurlVlanda l. JangaonDistrjct.}

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I Dumbale K.rrnakar^{Reddy,S/o late Anantha Reddy, Agledabout 59 years,} Occ. AgricL^{lture, R/o.NagaramVillage,Lingalaghanptlr[Vlandal. Jangaon} District.

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Ponnaoani Bixapathi,^{S/o Veeraiah,Aged about 70vea -s, Occ. Agriculture,} R/o. Niqara^{m Village. Lingalaghanpurl.tlandal. Jangaon [)istrict.}

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Bharla Laxrri,^{Wo Komuraiah,Aged about 50 years,Occ. Household,R/o} Kallem Roa,J,^{Opp. G Chandar Reddy Residence. JangaonDistrict.}

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12.Dameta Narsaiah,^{S/o Sailu,Aged about 60 years.Or:c. Agriculture, R/o.} Nagaram Village,^{Lingalaghanpurlvlandal.JangaonDistrirl.}

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Dandu Vr:nl.ataiah,^{S/o Kishtaiah, Aged about 60 years,C)cc.Agriculture, R/o.} Nagaram Village,^{Lingalaghanpurlvlandal.JangaonDistri(J}

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Poneqanr Brxapathi,^{S/o lateVeeraiah, Aged about60 yeerrs,Occ. Agriculture,} R/o. Nagaram^{Village, Lingalaghanpur Mandal. Jangaon t)istrict.}

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Kadepa Dirsu^{Srishailam, S/o Yellaiah,Aged abottt 45 years, Occ.} Agricllture, R/o.^{Nagaram Village. Lingalaghanpur[Var-rdal.JangaonDistrict.}

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Kadepa Dariu^{Sattaiah, S/o Yellaiah,Aged about 43 years, Occ. Agriculture,} R/o. Nagaram^{Village, LingalaghanpurA/landal.Jangaon t)istrict.}

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17.Ramulu, Skr^{Yellaiah,Aged about40 years, Occ. Agriculture, R/o.Nagaram} Village, Lingalaghanpur^{[Vlandal.JangaonDistrict.}

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18.Dhandu La>rmt,^{Wo Yellaiah,Aged about 65 years.Occ. Household,R/o.} Nagaram Vi lage,^{Lingalaghanpur lrlandal. JangaonDistrict.}

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19.Akula Ramulamma,^{Wo Chandraiah,Aged about65 years, Occ.Household,} R/o. Nagaram^{Village, Lingalaghanpurlvlandal.Jangaonftistrict.}

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Nanda Malliriah,^{S/o Beeraiah.Aged about 65 years O:c. Agriculture,R/o.} H.No. 2-7-1 l5/1 ,^{Oil Mill, KallemRoad,Jangaon}

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Nanda Rarnulu,^{S/o Beeraiah, Aged about62 years Or;c. Agriculture,R/o.} H No 2-7-1^{'15lA,KallemRoad,Jangaon}

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Nanda Kist;Liah,^{S/o Beeraiah, Aged about 60 years Or;c.Agriculture,R/o.} Abhilash Farnily^{Dabha, HyderabadRoad.Jangaon.}

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Nanda Sathaiah,^{S/o Beeraiah,Aged about 58 years,O,:c.Agriculture,R/o.} H.No. 2-5-91,,^{Korumagolla Wada. Jangaon}

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(Respondents 6 to 23 are not^{necessary partiesin} this Writ Petition)

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...RESPONDENTS

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Petition unc er^{Article 226 of lhe Constitution} of lndia^praying that in the circumstances stated in^{the affidavit} filed therewith, ths High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of a writ of certiorari c:rlling^{for the records pertaining} to the irnpu,;ned order passed by the Special TriL unal,^{Jangaon District,} the 2nd respondent herein in Case No E3187712021 daterl 30/06/2021^{in Appeal} no 1119271201:i in^'espect of lands of

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extent Ac 325-28 gts in survey numbers 4tA and B, 8 A and B, 13 A and B, 15)A and B and C, 16 A and B, 1B A and B, 21 A,22A,24,25,26, 42, 3A,5A, 58,'64, 68, 7A, 78, 12A, 128, 30, 31 ,32tA.32tB,3BlA,38/8, 39/A, 70, 179,180, 181, 33,34, 35, 36,29, 9, 10, 11/A. 14, 17,67,68,69, 111, 118, 201 ,204, 1 and 2 (A schedule Properties) and extent of Ac 30.25 gts in survey numbers 138, 139/8, 126 and 129 of Nagaram Village, Lingalghanpur [t/landal, Jangaon District and consequently quash the same.

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lA NO: 1 OF 2021

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim suspension of the impugned order passed by the Special Tribunal, Jangaon District, the 2nd respondent herein in Case No. E3187712021 dated 3OtO6l2O21 in Appeal no 11192712013 in respect of lands of extent Ac 325-28 gts in survey numbers 4lA and B, 8 A and B, 13 A and B, 15 A and B and C, 16 A and B, 18 A and B, 21 A,22A.24.25,26.42,3A,5A, 58, 64, 68, 7A,78, 124. 128, 30, 31 ,32t4,32tB,3BtA,38/8, 39/A, 70, 179,180, 1B'1 , 33,34, 35, 36, 29, 9, 10, 11lA, 14, 17,67, 68, 69. 111,118,201 ,204, 1 and 2 (A schedule Properties) and extent of Ac 30.25 gts in survey numbers 138, 139/8, 126 and 129 of Nagaram Village, Lingalghanpur Mandal, Jangaon District pending disposal of the above writ petition.

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lA NO:^'l OF 2022

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Between:

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Dumbale Kondal Reddy. S/o. Sri Venkat Reddy, Aged about 70 years, Occ. Agriculture, R/o Yenkapally Village, Pudur Nlandal, Ranga Reddy District

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Dunbale Sudershan Reddy. S/o Srr Ramchander Reddy Aged about 67 years, Occ. Agriculture, R/o H.No 8-93, Srinivas Nagar, Chintal HIVIT Road, Hyderabad

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,..PETITIONERS

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AND

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1 Dumbale Lava Kumar Reddy, S/o Late Sri Ram Reddy, Aged about 58 years, Occ. Doctor, R/o H.No. 2-10-2511 and 2, Srinivas Nilayam, Opp. RTC Bus Depot, Jangaon, Jangaon District.

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2 Dumbale Laxma Reddy, (died as per LR petitioner no.6)

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3 Dumbale Shathragna Reddy, S/o Late Sri Kondal Reddy, Aged about B0 years, Occ. Agriculture, R/o Nagarm Village, Lingalghanpur Mandal, Jangaon District.

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4 Dumbale Sukheder Reddy, S/o Late Sri Bharath Reddy, Aged about 50 years, Occ. Agriculture, R/o Nagarm Village, Lingalghanpur Mandal, Jangaon District.

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Dumbale Mzrdhav Reddy, S/o Late Sri Bharath Reddy, Aged about 48^yeals, Occ. Private, Employee, R/o^'l-10-60. Grain [\4arket Road, Jangaon urban, Jangaon District.

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Dumbale R:rja Angadh Reddy, S/o Late Sri Laxma Recdy, Aged about 60 years, Occ. Agriculture, Rlo 62713511 , Opp Season Holel, Jangaon Town, Jangaon District.

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The State c,f Telangana, represented by its Principal {iecretary, Revenue Department. Secretariat Buildings, Hyderabad.

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B. The Special Tribunal, rep by District Collector Jangaon Jarrgaon District.

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The Tahsild:rr, Lingal Ghania- Revenue Mandal, Jangaon lJistrict,

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Komara.jula Yellaiah, S/o Rama Swamy, Aged ::borrt 40 years, Occ. Agriculture, I1/o. Nellutla Village, Lingalaghanpur ltilandal. .langaon District.

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Komara.jula rliddi Mallamma, Wo Rama Swamy, Aged al)out 70 years, Occ. household, Fl/o. Nellutla Village, Lingalaghanpur IVIandal. Jangaon District.

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'l 2 Dumbale Na rsi Reddy, S/o late Anantha Reddy, Aged atrout 60 years, Occ Agriculture, fi/o. Nagaram Village, Lingalaghanpur lvlandal Jangaon Drstrict.

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Dumbale Karnakar Reddy, S/o late Anantha Reddy, Agr:d about 59 years. Occ. Agriculture, R/o. Nagaram Village, Lingalaghanpur tt/andal. Jangaon District.

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Ponnagani Elixapathi, S/o Veeraiah, Aged about 70y,:an;, Occ. Agriculture. Rio. Nagararn Village, Lingalaghanpur Mandal. Jangaor Drstrict.

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15.Bharla Laxmi, Wo Komuraiah, Aged about 50 years. Occ Household, R/o. Kallem Road, Opp. G Chandar Reddy Residence. Janqaorr District.

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'16. Damera Narsaiah, S/o Sailu, Aged about 60 years, Oc:. Agriculture, R/o. Nagaram Village, Lingalaghanpur Mandal. Jangaon Districl.

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Dandu Venk:ttaiah, S/o Kishtaiah, Aged about 60 years, Or;c. Agriculture, R/o. Nagaram Village, Lingalaghanpur Mandal. Jangaon Distncl.

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'18. Ponegani Biiapathi, S/o late Veeraiah, Aged about 60 years. Occ. Agriculture, R/o. Nagararr Village, Lingalaghanpur Mandal. Jangaon District.

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Kadepa Da:;u Srishailam, S/o Yellaiah. Aged ab,out 45 years. Occ. Agriculture. Fi/o. Nagaram Village, Lingalaghanpur ArlanJal. Jangaon District.

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20 Kadepa Dasu Sattaiah, Sio Yellaiah, Aged about 43 year:;, Occ. Agriculture, R/o. Nagararr Village, Lingalaghanpur Mandal. Jangaon District.

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Ramulu, S/o Yellaiah, Aged about 40 years, Occ. Agriculture, R/o Nagaram Village, Linga laghanpur Mandal, Jangaon District.

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Dhandu Laxrni, Wo Yellaiah, Aged about 65 years. Occ. Household, Rio. Nagaram Vill,rge, Lingalaghanpur Mandal. Jangaon District

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23 Akula Ramulrrmma, Wo Chandraiah, Aged about 65 years. Occ. Household, R/o. Nagaranr Village, Lingalaghanpur [\4andal Jangaon Di:;trict

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Nanda Mallaiah, S/o Beerarah, Aged about 65 years. Occ. Agriculture, R/o. H No 2-7-11i)/1. Oil Mill. Kattem R-oad. Jangaon^'

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Nanda Ramulu, S/o Beeraiah. Aged about 62 years, Occ. Agriculture, R7o H.No. 2-7-1 15/A, Kallem Road, Jangaon

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Nanda Kistaiah, Sio Beeraiah, Aged about 60 years. Occ. Agriculture, R/o Abhilash Family Dabha, Hyderabad Road, Jangaon.

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27, Nanda Sathaiah, S/o Beeraiah, Aged about 58 years, Occ. Agriculture, R/o H.No. 2-5-93, Korumagolla Wada, Jangaon.

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(Respondents 10 to 27 not necessary parties in this Writ Petition)

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...RESPONDENTS

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order daled 2511012021 and dismiss the writ petition such other order or further orders as this Hon'ble Court may deem fit and proper in the interest of^justice and equity and in the circumstances of the case.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition. the High Court may be pleased to receive the copies of the documents i.e., 1) copy of the Decree dated 07.04.1995 made in 0.S.No.1/1991 on the file of the Subordinate Judge, Jangaon, and 2) copy of the proceedings of the Tribunal Land Reforms, Warangal-ll, made in CC.No.1632/JNG/75, Dated 01 07.1977, in W P No.26331 of 2021 on behalf of Respondent No.4 & 5.

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Counsel for the Petitioner: SRI ASHOK REDDY KANATHALA

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Counsel forthe Respondent No.1 to 3: SRI HINGOLEKAR RAKESH KUMAR, AGP, REP. FOR

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SRI K.MURALIDHAR REDDY, GP FOR REVENUE

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Counsel for the Respondent No.4 & 5: SRI V.V.RAMANA

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The Court made the following: ORDER

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TH,O HON'BLE SRI .IUSTICE E.V.VENUGOPAL

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WRIT PET1TIOM liio.26331 OF 202 I

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ORDER:

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The present writ petition is filed by the petitione'rs under Article 226 of th-e Consr itution of India seeking issuance of a writ of certiorari calling for the rr'cords pertaining to the impugned ordr:r passed by the Special Tribunal, Jangaon District, the 2nd responde n: I-rerein irr Case No.D3l877/202 I, dated 30.06.2021 in Appeal N<t.1 11927/2C13 in respect of lancls of extent Ac.325-28 Gts., in Sy.Nos.41A & B, 8l\ & B, t3A & B, 15A &, B & C, 16A & B, l8A & B, 2lA, 22t. 24,25,26, 42, 3A., 5A, 58, 6A, 58,7A,78, l2A, 1118, 30, 3r, 32/ A,32lr!, 38/A, s8/E}, 39/A, 70, t79, t&O, 181, 33, 34, :15, 36, 29, 9, 10, Lr/A, 14, 17, 67, 6a,69, i 11, 1 18, 2O1,2O4, 1 & 2 lA schedule properti,:s; and exient of Ac.3O.25 Gts., in Sy.Nos. 138, 139,/8, 726 & 129 of llagaram ,'iltage, Lingalghanpur Mandal, Jangaon l.)istrict and conscq:x rltlv to quash the same.

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Heard Sr i Ashok Reddy K:rnathala, learned ,lc,unsel for the pet itioners, Sri Hingolekar Rakesh Kumar, learned Assistant Government P eader appearing on behdlf o[ learnetl^(iove rnment Pleader for Revenue Sri K.Mural:,dhzrr Reddy and Srr W Ramana, learned counsel for the respondent Nos.4 and 5. Rt:sp,ondcnt Nos.6 to 23 are stated t( be not necessary partir:s.

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The brief averments of tht: case of the petitioners is that the petitioners are the absolute oivners and possessors of agricuitural lands measuring Ac.325.28 gts., and Ac.3O.25 gts., in specihed survey nr.rmbers of Nagaram Villagr:, J:tngaon District. Most ol the said lands were sold to third parties who norv hold valid pattadar passbooks and title deeds and are in lawfu I pc,ssession. Respondent Nos.4 and 5 are distant relal.ives whose fathers r;old their shares in 1958 and 1960 and migrated to other villages, whcrc they purchased separate properties using the sale proceeds. This fact was^judicially recognized in O.S.No. 17 of 20O1, decreed by the learned Senior Civil Judge, Vikarabad, confirming that the lands at Yenkapally were purchased from proceeds of lands sold at Nagaram. The petitioners have held valid pattadar passbooks and title deeds for over 18 years, with full knowledge of the respon<lents. Respondent Nos.4 and 5 filed O.S.No. 137 of 2010, on thr: hle of the learned V Additional District Judge, Warangal at Jangao n fc.r partition, which is^pending and also lrled an appeal No.1/ 1927 /2013 hefore revenue authorities, challenging the pattadar passbooks. The appcal, originally filed in 2O 13, was transferred and renumbert:d as E3 / 877 l2O2l beforc the Special Tribunal. Despite^judicial findir.gs and^{prior proceedings,} the Tribunal erroneously set aside thr: F)attadar passbooks by order dated 30.06.2021. The Tribunal f:Lilerl i,.r consider that civil proceedings are pending and that responde:nts had alreacly chosen the civil forum. \r

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Petitioners and their purchasers are ir-r lawful^possessio:r, their;eames are reflected in the Dharani portal and they receive Ilythu^Bandhu benefits.

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(a) The impugned order^,::onradicts the earlit:r order dated O8.O2.2O21 , whrcre the Tribunal rightly held the matte: to be c:ivil in nature and declined relief. The reopening of the matter and passing of the order dated llo.O6.2O21 is contrary to law and liablt^t-o be set aside.

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Learned :ounsel forrthe respondent Nos.4 alrd Il submits that sincc both the parties to the preserrt rvrit petition apprc,ached the civil Court for partition of the subject property vide OS ltl,r. 137 ol 2O 1O, stated supra a nd the same is p€ nding adjudication, the petitioners cannot scek inrlulgence of this Corirt t hrough the present writ petition and hence, the same is liable to be dismissed.

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Learned^qssistant Governmcr]t l)leader submits t;1at [he present rvnt petitirln isr nothing but misc,-rnce ption since u'h ile pending civil proceedings, the petitioners appr,.rached this Court and hence, the present u,rit petition is liable to be disnrissed.

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Having heard the rival contentions advanced c,n behalf of lhe respective parl ies and upon peru:;al of the material ,rn recorcl, this Court, without rnaking any obsen zrtiorls on the merits ;lnd deme.rits of the case, is inclined to dispose of thc present writ petition since the

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parties to this writ petition .rre irlso the parties before the civil Court in OS No. 137 of 2OlO, stated supra, where the trial is stated to be in quick progrcss. Accordingly, th,3 petitioners and unolficial respondents are at liberly to work out the remedies in accordance with law in the pending civil proceedings.

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7 . With lhe above observations, this writ petition is disposed of. No order as to the costs. Interlocutory applications, if any pending, shall stand closc([

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D/-K.BHI\VANI SWAMY SISTANT REGISTRAR

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