Pathuri Srikanth Vs The State of Telangana and 4 others

2 The District Collector, Sanga Reddy^District. 3 The Revenue Divisiohalofiicer,^{Sanga ReddyDivision. Sanga Reddy District.} 4 The Tahsildhar, Jinnaram Mandal,^{SangaReddy District.} 5 Pathuri Bhaskar Narsimulu,^{R/o.Kodakanchi village, Jinnaram Mandal, Sanga} ReddY District'

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...RESP.NDENTS

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Petition under Article 226 of the^{Constitutionof lndia prayingthat in the} circumstances stated in the affidavit^{filed therewith,the High Court may be} pl6ased to issue appropriate Writ or order/Direction^{more particularlyonein} nature of Writ of Mandamus declaring^{the action of RespondentNo.4 in} entertaining the application of^{Respondent No.S to effectmutationin revenue} records and contemplating to issue^{PattaPass Book-cum-Title deed in favour of} Respondent No.S^pertaining to the^{landbearingSy.No.39lul1 admeasuring} Ac.0-15 gts situated at Kodakanchi^{Village, Jinnaram Mandal, SangaReddy} District without considering the objection/legal^{noticedated1910712021issuedon} behalf of Petitioner and^{pending litigation bearing O.S.No.21 of 2019 on the file} of Honourable Junior Civil Judge at^{Narsapur, Sanga ReddyDistrict as arbitrary,} illegat, against the Principles of natural^{justice, violation of Articles14, 21 and} 3OO-A of Constitution of lndia and consequently^{direct the Respondent No.4not} to issue any Patta Pass Book-cum-Title^{deedin favour of RespondentNo.S}

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lA NO: 1 oF 2022

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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 direct the Respondent No.4 not to effect mutation in the name of the Respondent No.4 pertaining to the land bearing Sy.No.39/Ui1 admeasuring Acs.0-15 gts situated at Kodakanchi Village, Jinnaram Mandal, Sanga Reddy District pending disposal of the main writ petition in the interest of justice.

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Counsel for the Petitioner: SRI Y. SUDERSHAN REDDY

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Counselfor the Respondent Nos. 1to4: AGP FOR REVENUE

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Counselfor the Respondent No.S: SRI P.V.L. BHANU PRAKASH

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The Court made the following: ORDER

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: I i i i ! I I l II IIIII 1I I Itj ': i: f;

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;.

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THE HONOURABLE^{SRI JUSTICE E.V.VENUGOPAL}

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WRIT PETITION^{N0.8837 0F 2022}

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ORDER:

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This Writ Petition,^{under Article 226 of the Constitution} of India, is filed^{seeking the following relief:}

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"...to issue appropiate^{writ ororder/ Direction more} particularlg one in iature^{of wit of Mandamus declaring the} 'action of kespondent No.4 in entertaining the application of Respondent ilo.S to^{effect mutation in reuenuerecords and} coniemplating to^{issue Patta Pass Book-anm-Titledeedin} fauour^{of Risporud.entNo.Spertaining to the land beanng} -sy.No.s9/U/lad.measuringAc.o.lsgtssituatedat Kod.akanchi village,^{Jinnaram Mandal, sanga Reddy Distict} without considiring^{theobiection/legal noticedated} 1g/o7/2o21 issued^{on behatf of Petitionerand pending} litigation beanng^{o.s.No.21of 2019 on the} file^{of Honourable} Junior Ciuit Jidge^{at Narsapur SangaReddy Distict as} arbitrary itlegal against^{the Pinciples of naturaljustice} 'uiolatioi oy irticles 14, 27 and 30oA of Constitution^{of India} and consequently^{direct the RespondentNo.4 not to issue any} patta pass BooicumTitle deed in fauour of Respondent^No.S artd pass..."

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The brief facts of^{the case are that the agricultural land} to an extent of^{Ac.o.15 guntas in Sy.No.39/Ull,situated at} Kodakanchi village,^{Jinnaram Mandal,sangareddyDistrict,} belongs to the^{petitioner'sjoint family coparcenaries property} comprising of^{petitioner's father and his brothers and the} petitioner. The said^{property is their ancestral property. The} father of the^{petitioner withouthaving,..ry *..,nerof right,}

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a

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..1. .

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title or interest created a false and sham sale deed bearing document No.773 of 2077, dated 18.02.2017 in favour of respondent No.5 herein, rn,ith an intention to deprive the petitioner's legitimate share in the said land. Since the said sale deed is a sham document and not binding on him and having come to kno'*,about the said sale deed, the petitioner filed a suit for partition and for allotment of the petitioner's I/4t separate share in the said land uide O.S.No.2l of 2Ol9 on the file of the learned Junior Civil Judge, Narsapur, Sangareddy District. Respondent No.4 entered his appearance in the said suit and also filed written statement on his behalf. The said suit is sub-judice. Respondent No.S having full knowledge about the pendency of the suit has filed an application before respondent No.4 seeking mutation of the said land in his favour by suppressing the material facts. Having come to know the same, the petitioner filed objections and also got issued a legal notice dated 1g.O7.2O21 on his behalf requiring respondent No.4 not to effect mutation pending disposal of the suit bearing O.S.No.2l of 2019 on the file of the learned Junior Civil Judge, Narsapur. Respondent No.4, ignoring his objection is contemplating steps to effect

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mutation of the said land in favour of^{respondentNo.5 without} waiting for the result of the said suit.^{The petitioneris put to} great hardship and irreparable loss, if respondent^{No.4 effects} mutation of subject land in the name of^{respondent No.S.}

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Heard learned counsel appearing for the^{petitionerand} learned Assistant Government Pleader for^Revenue,for respondent Nos.l to 4 and learned counsel^appearingfor respondent No.5 and perused the record.

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Learned counsel appearing for the^{petitioner would} submit that the property in^{questionis an ancestralproperty,} upon information being received that^respondent -^authorities are contemplating to consider the^{representationof respondent} No.5 to enter the name of respondent^{No.S in the revenue} record"s, the petitioner constrained to file^{O.S.No.21 of 2019,} which is pending before the learned Junior^{Civil Judge,} Narsapur, Sangareddy District. While it is^pending,the respondent - authorities are trying to mutate^{the nameof} respondent No.5 in the revenue records,^{whichis illegaland} arbitrary. Hence, seeks indulgence of this^Court.

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Learned counsel appearing for respondent No.S would submit that the property in question does not belong to the joint family property and respondent No.5 has absolute right in the said property. He would further. submit that the Partition Suit filed by the petitioner is pending before the Civil court and the civil court alone shall pass appropriate order. Hence, seeks to dismiss the present writ petition.

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Learned Assistant Government Pleader for Revenue would submit that this court at the stage of admission has passed the interim order dated 25.02.2022 granting stqtus qluo. Since then and till today, no changes have been made to the property in question. Hence seeks to pass appropriate orders

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Recording the submission made by all the rearned counsel and without expressing any opinion on the merits and demerits of the case, this court deems it appropriate to dispose of the writ petition directing the petitioner to approach the competent civil court for appropriate adjudication of the Suit pending before it. The respondent-authorities are also directed

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to maintain status quo obtained as on the date till the Civil

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Court proceedings are finalized.

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