ORDER :

1. This writ petition is filed seeking the following relief:

“to issue writ, order or direction especially one in the nature of Writ of Mandamus declaring the action of the respondent No. 3 in not recording/entering the name of the petitioner on online dharani and not issuing E-patta pass book (PPB)/Title deed (TD) under Section 5, 6 (1) and 10 of Telangana Rights in Land and Pattadar Pass Books Act, 2020 in respect of agricultural land Adm. Ac. 3-39 gts in Sy. No. 24, Ac. 1.33 gts in Sy. No. 25, Ac. 1.08 gts in Sy. No. 26, Ac. 3.00 gts in Sy. No. 47 and Ac. 4.03 gts in Sy. No. 331/1, total admeasuring Ac. 14.03 gts. situated at Inole Village, Achampet Mandal, Nagarkurnool District as illegal, arbitrary, unjust and against the principles of natural justice and further declare the action of the 3rd respondent in issuing the endorsement Vide No. A/1346/2019 dt.16.07.2020 by rejecting/denying the application of the petitioner is also illegal, arbitrary, without jurisdiction and against the principles of natural justice and consequently set aside the Endorsement No. A/1346/2019 dated 16.07.2020 of the 3rd respondent and pass such other order or orders.....”

2. According to petitioner, he is the owner of land to an extent of Ac. 14.03 guntas spread over several survey numbers in 24, 25, 26, 47 and 331/1 of Inole Village, Achampet Mandal, Nagarkurnool District, having inherited the same by way of partition deed dated 12.05.1975 and registered Will deed document No. 8 of 1985. Petitioner name was mutated in the revenue records. He was issued pattadar passbook and title deed with Patta No. 479. Though petitioner inherited larger extents of land, as of now, he is in possession of Ac. 14.03 guntas of land only. Petitioner applied for issuance of e-patttadar passbook by his representation dated 29.05.2020. In response to the said representation, the Tahsildar issued endorsement dated 16.07.2020 informing the petitioner that in view of pendency of O.S. No. 159 of 2007 in the Court of Additional Senior Civil Judge (FTC) at Mahabubnagar, the property is included in Part-B revenue records and his request cannot be accepted till disposal of the said suit.

3. Aggrieved by the rejection of request by the Tahsildar, petitioner submitted representation to the District Collector, Nagarkurnool-2nd respondent on 10.02.2021 requesting to issue epattadar passbook and alleging inaction, this writ petition is filed.

4. According to learned counsel, O.S. No. 159 of 2007 was disposed of on 12.06.2017. He submits that O.S. No. 22 of 2017 is filed in the Court of IX Additional District Judge at Wanaparthy praying to grant partition of the suit schedule lands and allotment of Ac. 50.30 guntas of land to the plaintiffs therein. Petitioner herein is the 1st defendant in the said suit and the same is pending consideration and no injunction order is operating in the said suit.

5. Learned counsel for the petitioner contends that mere pendency of the suit is not a bar to consider the application submitted by the petitioner to grant e-pattadar passbook, more so, when the name of petitioner stands in the revenue records as an independent pattadar since 1975 that the Tahsildar could not have rejected the request for grant of e-pattadar passbook by referring to suit which was already disposed of.

6. According to learned counsel, as held by the Division Bench of this Court in Erukala Uma vs. Government of Andhra Pradesh and Others, 2014 (2) ALD 228 mere pendency of suit is not a ground to refuse to grant e-pattadar passbook.

7. The issue for consideration is whether mere pendency of a suit in civil Court or a case in this Court is sufficient to deny request to issue mutation and/or pattadar passbook under the Telangana Rights in Land and Pattadar Passbooks Act, 2020 (Act 9 of 2020)?

8. Section 8 [Bar of Suits - (1) No suit shall lie against the Government or any officer of Government in respect of a claim to have an entry made or in relation to an entry made in any reco