Dismissed¶40

Anumula Ramesh @ Ramesh Reddy v. The State of Telangana

Telangana HC3 Feb 2025WP/2849/2025

Case brief

AI extract

What is this about?

Telangana High Court (C.V. Bhaskar Reddy, J., 03-02-2025) dismisses W.P.No.2849 of 2025 at admission stage: registering authority/Tahsildar cannot refuse registration of agricultural land alienations absent a civil-court injunction; Standing Order 219 makes civil-court injunctions binding on registration; partition suit O.S.547 of 2022 (ex O.S.58 of 2021, Jangaon) pending without injunction; Article 226 mandamus refused; no costs.

What did the court decide?

Per Standing Order 219, injunction orders granted by the competent civil court restraining alienation are binding on the registering authority; in the absence of any injunction prohibiting registration, the registering authority has no power to refuse registration. ¶39

Anumula Ramesh @ Ramesh Reddy Vs The State of… — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the registering authority (respondent No.3/Tahsildar) can be restrained by writ from entertaining registrations and creation of third-party rights over the petitioners' agricultural lands in Akunuru Village, Cheryal Mandal, Siddipet District, pending disposal of partition suit O.S.No.547 of 2022, when no injunction order has been granted by the competent civil court prohibiting registration.

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Court's answer

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Ratio / Principle

Since admittedly there was no injunction order in the pending suit O.S.No.547 of 2022 prohibiting registration, the writ petition is misconceived and liable to be dismissed.

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Detailed headnote1 paragraphs

Writ petition under Article 226 by three members of a family claiming ownership and possession of agricultural land (total Ac. 4-11 gts in specified survey numbers) in Akunuru Village, Cheryal Mandal, Siddipet District, seeking a mandamus to the Tahsildar (respondent No.3) not to create third-party rights over the lands pending the partition suit O.S.No.547 of 2022 (earlier O.S.No.58 of 2021, Jangaon, transferred on bifurcation of districts) instituted by respondent No.4, sister of petitioner No.1. Disposed of at the admission stage with the consent of counsel, notice to the unofficial respondents being dispensed with. Held: under Standing Order 219, injunction orders granted by the competent civil court restraining alienation are binding on the registering authority, but in the absence of any injunction prohibiting registration the registering authority has no power to refuse registration; admittedly the pending suit contained no injunction against registration, hence the writ petition was misconceived. Writ petition dismissed without costs; miscellaneous petitions, if any, closed.

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

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IVONDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE I

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 2849 OF 2025

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Between:

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1 Anumula Ramesh @ Ramesh Reddy, S/o Late Anumula Raii Reddy, Aqed about. 49 years, Occ. Agriculture, Ryo H.No.2-95, Akunuru Vittage, bneryal lVandal, Siddipet District,Telangana State

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2 Smt.Anumula Renuka, W/o Anumula Ramesh @ Ramesh Reddy Aged about!5-.ygars.Oc9^{Agriculture, R/o H.No.2-95, Akunuru Village,Ch-eryal Mandal,} Siddipet Diskict, Telangana State

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J Smt.Anumula Anusha, Wo Kesireddy Narender Reddy, D/o Anumula Rqmegh @ Ramesh Reddy, Aged about. 26 years, Occ.^-House Hold, R/o H-No.2-95, Akunuru Village, Cheryal [\4anda[, Siddipet District,Telangana State

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...PETITIONERS

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AND

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1 The State of Telangana, Rep.by its Principal Secretary, Revenue Department, Secretariat Buldings, Hyderabad

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2 The District Collector, Siddipet District, Siddipet a The Tahsildar, Cheryal [r,4andal, Siddipet District

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4 Smt.Ku-sa Vijaya, W/oAnjaiah, D/o Late Anumula Raji Reddy, Aged about. 51 years, Occ.,House Hold, R/o Nilojipally Village, Kodurupaka, Boihpalli Mandal, Rajanna Sircilla District

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5 Smt.Kusa Aruna, Wo Kondaiah, D/o Late.Anumula Raji Reddy, Aged about. 45 years, Occ. House Hold, R/o H.No.2-54, Salakpur Village, lvladdur tvlandal, Siddipet District

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6 Smt.Anumula Suguna, W/o Late Anumula Raji Reddy, Aged about. 70 years, Occ. House Hold, Rl/o H.No.2-96, Akunuru Village, Cheryal Mandal, Siddipet District

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction, more particularly one in the nature of writ of mandamus declaring the action of the Respondent No.3 in trying to alginate the

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properties in way oJ creating third^party rights made by^{the r:eppondentno.4and5} even though there was civil^{case pending and trail was took} 'place^{vide OS.547 of} 2022 on the file of Hon'ble First Additional^{Junior civil Judge-cum-First Additional} Judicial [/agistrate of First Class^{at Siddipet againstthe petitioner no.1} ,2^and3 and respondent no.5 and 6.^{Earlier the above casenumberwas O.S.No.58 of} 2021 on the file of Hon'ble Additional Junior^{Civil Judge, at Jangam subsequently} it was transferred to siddipet due to^{bifurcation of districts as arbitrary,illegal,} contrary to the^provisions of the^{T.S.Rightsin landsand pattadar passbooks Act} and Violative of^petitioners Rights^{guaranteed underArticles14,21and 300-4and} consequently direct the respondent^{no.3to not to createlhirdparty rights on the} agriculture lands in Sy. No.1182lAl4^{Ac. 0-38gts, Sy. No.1282ltu6 Ac.0-21 gts'} Sy. No.1256/tu4 Ac.0-32^gts, Sy. No.1234lAl4^{Ac.0-04gts, Sy. No. 1184/4"/4Ac.} 1-O7 gts, Sy. No.11B3/A/4 Ac.0-18^{gts., Sy.No.11B1lAl4Ac.0-06 gts,} Sy.No.11B0/A/4 Ac.0-05^{gts Total to an extent of Ac.4-1 1 gts, situated at Akunuru} village of cheryal [/andal of siddipet^{Districtuntil finalizationof the partition suit} vide OS.547 of 2022 on the file^{of Hon'ble First Additional Junior Civil Judge-Cum-} First Additional Judicial [Vagistrate of^{First Class at Siddipet}

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lA NO: 1 OF 2025

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Petition under Section 151 CPC^praying that^{in the circumstanies statedin} the affidavit filed in support of the^{petition, the High Court may be pleased to direct} the Respondent No.3 to not to create^{third party rights on the agriculture landsin} Sy.No.11B2lA/4 Ac.0-38^gts, Sy.No.1282lA16^{Ac.O-21 gts, Sy.No.'12561A14 Ac.0-32} gts, Sy.No.1234lAl4 Ac.0-O4 gts, Sy.No.1184lAl4 Ac.1-07^gts, Sy.No.1183/A/4 Ac.0-18 gts, Sy.No.1 181lAl4 Ac 0-06^gts, Sy.No.118OlN4^{Ac.0-05 gts Totalto an} extent of Ac.4-11^gts, situated at Akunuru^{village of cheryal [Vlandalof Siddipet} District until finalization of the^partition suit^{vide OS.547 of 2022 on the file of} Hon'ble First Additional Junior Civil Judge-Cum-First^{Additional Judicial[t/agistrate} of First Class at Siddipet^pending disposal^{of the above writ petition}

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Counsel for the Petitioners: SRl. RAM^{PRASADTEEGALA}

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Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE

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Counsel for the Respondent Nos.4 to 6: --

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The Court made the following: ORDER

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i I

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HON'BLE SRI JUSTICE C.V. BHASKAR REDDY

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IVRIT PETITION No.2 849 of2O25

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ORDER:

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It is stated that the petitioners are the owners and possessors of various extents of agricuitural land situated in different survey numbers of Akunuru Village, Cheryala Mandal, Siddipet District. It is further stated that when disputes arose over the said property, respondent No.4, who is the sister of petitioner No.1, filed a partition suit uide O.S.No.547 of 2022 on the file of the I Additional Junior Civil Judge-cum-I Additional Judicial Magistrate of First Class, Siddipet. The grievance of the petitioners is that pending adjudication of the said suit, respondent Nos.4 to 6 are making efforts to dispose of the subject property in favour of third parties.

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Considered the submissions of the learned counsel for the petitioners 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 at.the admission stage. In view of Lhe nature of relief sought for in this writ petition, issuance of notice to the unofhcial respondents is dispensed with.

CVBR,^J wp 2,349²⁰²⁵

Learned Assistant^{GovernmentPleaderforRevenue} appearing^{for respondentNos lto 3 has vehementlycontended} that respondel-rt^{No'3 is competentto entertain any registration} andinthcabsenceofanyoftheinjunctiongrantedbythe competent^{civil Court,the registeringauthority is not having any} po$rer to restrain^{the personsto cnter into sale tra nsactions'}

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As per the^{Standing Order 219' if any of the injunctionorder} granted by^{the competentcivil Courtnot toentertainany} alienation,^{thi: saidorders are binding on the registeringauthority} and in^{the absenceof any injunction prohibiting for entertaining} the registration,^{the registeringauthority is not hzrvingany power} to refuse^{registration Admittedly' inthe said suit there is no} in-junction^{order prohibiting to entertainregistration' Therefore'} this writ^{petition is misconceived and is liablc to bc disrrrissed'}

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There shall^be 5 Accordingly,^{this Writ Petitionis dismissed} no order as^{to costs-}

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misce llaneous^{pe titions pending' ifany'} 6. As a sequel,^the

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shall stand^closed.

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SD/.S. MALLI^KARJUNARAO SISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

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To,

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