Chadive Sridhar Vs the State of Telangana

Chadive Sridhar, S/o. late Rama Narayan Reddv Aoed about 51 veerq o.:.business No. 6-1-207, Varagaraja Nagar, Tiiupa-ti^presenfly i"siJinq^-at U S 4 Rgp.. by his General Power of Attorney k. Nirmata o6vi,-W7o.'faG* K.n S [e!!y_ {SeO. qbqu! 6!. years, 6cc- Housewife.^'nyo.- alZ] 293t82lFlBl30lF6, Road rug 9 fj]f Nadar,",tubitee Hiils, Shaikpei nnOeiaUij_ !oQ-Q!0.^!jo.e^ Fs9^{cpn CS No-. 24t2o1e and doc.'r.ro. ':s7zol6",} d1.22.O3.2019^(P-16 of material papers)

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...PETITIONER

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AND

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

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2 The District Collector, Ranga Reddy District, Hyderabad.

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3 The Revenue Divisional Officer, lbrahimpatnam Division, Ranga Reddy District-

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4

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The Tahsildar, lbrahimpatnam, Ranga Reddy District.

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5 Syed lrfan Suleiman, S/o. Mr. Syed gsman Aged about 36 years, Occ_ Private servie Ryo. H.No.6-3-2521N4311, Erramanzil Khaira(abad, Hyderabad500 082.

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b Syed Dawood, S-/o lr4r. Syed Osman Aged about 4g years, Occ_ business Ri/o. H.No.22-3-54011, Zehra Nagar Colony Mir AlamA/andi, Hyderabad_ 500 o02.

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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 a writ order or direction, more particularly one in the natuie of writ of Arlandamus, declaring the action of the 2nd respondent in not passing any orders on the appeall application/ representations more pariicularly petitioners representation dr.15-o9-2o21 and as well as l4-03-2019 with regard to the issuing of new digital pass books relating to the sy. Nos. 342 /A and 342lAA to an extent of Ac. 09.09 guntas situated at Kongarakaton village of

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lbrahimpatnam mandal of Ranga Reddy district of revenue^{KhathaNo.11 61 vide} pass book No. T015090010667 on the ground that the^pendency of^{the criminal} complaint vide crime No. 9212019, d1.22-O3-2019 of^{PS lbrahimpatnam} UiSec.120b, 420,468,471 lPC, as illegal and arbitrary^{action on the part of the} 2nd redpondent herein and also violative of Art:14,^{16 & 21 of the constitution of} lndia, and consequently direct the 2nd^{respondent herein1o consider and pass} appropriate orders on the^{petitionersrepresentationdt.15-09-2021 and as well} as 14-03-2019 for issuing^{of new digital books relatingto the Sy. Nos. 342 /A} and 342lAA to an extent of Ac. 09.09^{guntas situatedat Kongarakalon village of} lbrahinlpatnam mandal of Ranga^{Reddy district of revenue KhathaNo.1 161 vide} pass book No. TO 50900 10667 forthwith.

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lA NO: 1 OF 2022

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Petition under Section 151 CPC^praying that^{in the oircumstancesstated} in the affidavit filed in support of^{the petition, the High Cour1may be pleasedto} issue a direction directing the^{2nd respondent herein to considerthe petitioners} representation dt.15-09-202'1^{and as well as 14-03'2019for issuing of new} digital books relating to the Sy.^{Nos. 342 lA and 342lAA to an extentof Ac.} 09.09^guntas situated at^{Kongarakalonvillage of lbrahirnpatnammandalof} Ranga Reddy district of revenue^{Khatha No.1161 vide pass book No. TO} 5090010667 in the interest of^justice.'

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Counsel for the Petitioner: SRI^{B.S. PRASAD, SR. COUNSEL REP.FOR} , SRI V. SEETHARAMA AVADHANI

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Counsel forthe Respondent No.1 to 4: ASST.^{GP FORREVENUE}

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Counsel for the Respondent No.5: SRI G. KALYAN^CHAKRAVARTHY

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Counsel for the Respondent No.6-^{- - -}

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The Court made the following: ORDER

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HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION No.33142 OF 2o22

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ORDER

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This writ petition is filed by the petitioner seeking the follou,ing

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relieI

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"...1o is-sue q Wnt order or directton, more parttcularlg one tn the nature of Wnt oJ Mandatlus, declaing the action of the 2"a respond.ent in not passing anrg orders ort the appeal/ applrcation/ representations more paiicularly pelliorer's representatiott dt. 1S-O9-2O21 and os well as j4_03 2019 witit regard lo the ssuing of neu digilaL pass books relattng to firc Sg. Nos. 342 /A and 342/AA to an ertent of Ac. 09.O9 guntas situated at Kingarakaton uillage of lbrahimpatnam mandal oJ Ranga Reddg drstict of reuenue Khatha No.1151 ude pass boo,lt No. T0 5090010667 on the ground. that the pendencg of the ciminat complaint uide cnme No. 92/2019, dt.22 O3-2O1g of t'S lbrahinpatnom U/Sec 12Ob, 420, 468, 421 IpC, as tllegal and orbirory action on the parl of the 2'd r",spondent herein, and also urolatiue of Art.14, 16 & 2I of the constitution oJ Indta, and. corusequen A 417ss1 1n 2,"1 respondent herein to consider ancl pass appropiate ord.ers on. the petttioner's representotion dt. lS-09 2021 and as well qs 14-O3_2019 for ssuLnq of new dtgttctl books re[attng to the Sy. lVos. 342 /A rtnd 3a2/Aa to a_n exlent of Ac. 09-09 guntos situated at Kongarokalon uiuage of lbrahintpalrnnn mandal oJ Ranga Reddg distict of rev:enue Khotha No.j j61 utcle pa.ss book No TO 5090010662 forthLDtth and. to pass...,

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lt is starcd that the petitioner is the absolute owner and possessor of the land admeasuring Acs.4_20 guntas in Survey No.342lA and Acs.4-29 guntas in Survey No.342/AA, total admeasuring Acs.9-O9 guntas, situated at Kongarakalan Village, I brahimpatnam Mandal, Ranga Reddy, having purchased the same under registered sale deed bearing documents Nos.5054/2007 dated 04.O4.2OO7 and 53i9 of 2OO7 dared 10.04.2007. Ir is stated that rhe name o[ Lhe petitioner was recorded as pattedar and possessor and he was issued pattadar pass book No.Toso9oo10667 with Khata No.116r in respect of the subject land. IL is also stated that taking advantage-

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of petitioner's absence, fraudulent documents ha se been created to dispose of the subject land in favour of third parti<s. It is statcd that basing on the said fraudulent documents, resportdents^{No.5 and 6} made an application seeking mutation of their natnes in lhe^revenue records and issuance of patladar pass books in res,pect o[^{the subject} 1and.

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Mr.B.S.Prasad, learned Scnior Counsel, appearing^for Mr.V.Seetharama Avadhani, learned counsel^{for thepetitioner,} vehemently contended thal lhe pctitioner, having come^{to know about} the fraud being played on him in active^{collusion with the revenue} authorities, was constrained to Iodge a complaint^{v'ith the Policeand} as the said complaint revealed cognizable^offences, a^{case in Crime} No.92 of 20 19 dated 22.O3.2019 u'as^{registered \4'1!hlbrahimpatnam} Police Station for the offenccs punishable under^{St:ctions \2O8,42O,} 468 and 471 of lhe Indian Penal Code^(IPC) which is^{pending for} investigation. It is stated that the Police, after^{cc,nductingdetailed} enquiry/ investigation on the complaint^{filed by thc petitioner, filed a} report stating that respondents No.5 and 6 in^{ac,ive collision with} others have created fraudulent documents.

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Learned Senior Counsel further submitted^{that questioningthe} alleged fraudulent sale deeds and consequentlztl mutation, the petitioner has instituted a suit in O.S No.4396 of 2019 on the fi1e of

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the learned XVI Additional District Judge, Ranga Reddy District at L B. Nagar (for short'triar court) wherein ad-interim injunction order in I.A. No.688 of 2Ol9 was granted restraining the respondents No.S hnd 6 from alienating the subjecr land in favour of third parties. Be that as it may, it is the case of the petitioner that they have submitted application/ representation dated 15.09.202 I lor issuance of pattadar pass book as per the provisions of the Telangana Rights in Land and Pattadar Pass Books AcL, 2O2O. It is also the case of the petitioner that the Police have fired a report stating that fraudulent documents have been created over the subject land.

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On the other hand, learned counsel for respondent No.5 vehemently contended that he has purchased the subject land by paying valid sale consideration from the power of attorney holder of [he pelitioncr. Later, [he petitioner colluded with the power of attorney holder and disputed the execution of the sale deeds and instituted the above surt

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In view o[ [he above, this Court, without expressing any opinion on the merits of the casc and nghts of the parties, deems it appropriate to dispose o[ this writ petition by directing the respondent No.2-District Collector, Ranga Reddy District, to consider the petitroner's rcpresentation dated 15.09.2o21 for issuance of pattadar passbook in respect of the land admeasuring Acs.4_20 guntas in

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Survey No.3a2/A and Acs.4-29 guntas in Surve.r No.342/AA, total admeasuring Acs.9-09 guntas, situated at KorLgarakalan Village, Ibrahimpatnam Mandal, Ranga Reddy, after issr- ing noticcs to the parties to this writ petition as well as to an. other intcrested persons claiming rights over the subject lands and alter considering their objections, i[ any, pass appropnate orders, in acc:ordance with la,, within a period of eight (8) weeks from the datc of rcceipt of a copy of this order. It is needless to observc that an]' orders passed by the respondent No.2 would be subject to the result of the O.S. No.4396 of 2019 on the file of the learned XVI Additional District Judge, Ranga Reddy District at L.B. Nagar.

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