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2024 Supreme(Telangana) 417

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN, J.
Nagulapati Ramulu – Petitioner
Versus
The State of Telangana – Respondent
Writ Petition Nos. 30235, 30452, 32928, 44081 of 2022
Decided On : 18-09-2024

Advocates:
Advocate Appeared:
For the Petitioner: Rapolu Bhaskar.

IMPORTANT POINT
IMPORTANT POINT
The court ruled that parties must await the resolution of pending suits regarding land ownership before seeking further legal relief, emphasizing the prohibition of actions that interfere with ongoing litigation.

Headnote:

(A) Rights in Land and Pattadar Pass Books Act, 1971 – The court addressed the legality of the issuance of pattadar passbooks amidst ongoing civil suits regarding land ownership. The petitioner claimed ownership of land but failed to provide sufficient evidence of title or possession. The court emphasized that the petitioner must await the outcome of pending suits before seeking further relief. (Paras 4, 6, 20, 24)

(B) Legal proceedings – The court ruled that conducting surveys or issuing pattadar passbooks during the pendency of disputes is impermissible. The court set aside actions taken by the police and survey officials that interfered with ongoing litigation. (Paras 21, 22, 23)

Facts of the case: The petitioner claimed ownership of land in Eduluru Village, asserting rights based on a partition and subsequent possession. Respondents contested this claim, citing previous judgments that declared the petitioner's passbook void.

Findings of Court: The court found that the petitioner failed to prove ownership and must wait for the resolution of pending suits.

Issues: The main issues included the validity of pattadar passbooks issued during ongoing disputes and the authority of the police to conduct surveys amidst litigation.

Ratio Decidendi: The court held that the petitioner could not seek relief while ownership disputes were unresolved and emphasized the need for finality in legal proceedings before further actions could be taken.

Result: W.P. Nos. 30235 and 32928 of 2022 are dismissed; W.P. Nos. 30452 and 44081 of 2022 are allowed.

ORDER :

1. Heard Mr. Rapolu Bhaskar, learned counsel for the petitioner in W.P. Nos. 30235 and 32928 of 2022 and respondent No. 6 in W.P. No. 30452 of 2022 and respondent No. 8 in W.P. No. 44081 of 2022, learned Assistant Government Pleader for Revenue appearing on behalf of official respondents in all the writ petitions and Mr. E. Sreenivasa Rao, learned counsel for respondent Nos. 5 to 7 in W.P. No. 32928 of 2022 and respondent Nos. 6 and 7 in W.P. No. 30235 of 2022 and petitioners in W.P. Nos. 30452 and 44081 of 2022.

2. Lis involved in all the aforesaid writ petitions and the parties are one and the same with regard to dispute in respect of the land admeasuring Acs. 2.25 guntas in Survey No. 902, situated at Eduluru Village of Kattangur Mandal, Nalgonda District.

3. The respective petitioners have filed the respective writ petitions seeking the following reliefs:

    (i) W.P. No. 30235 of 2022: to declare the action of respondent Nos. 3 to 5 in non-considering online application vide I.D. LM-2200029786 submitted by the petitioner and non-issuing e-pattadar passbook in his favour in respect of land admeasuring Acs. 2.25 guntas in Survey No. 902, situated at Eduluru Revenue Village Shivar, Kattanguru Manadal, Nalgonda District, as illegal and arbitrary, and for a consequential direction to respondent Nos. 3 to 5, to issue e-Pattadar passbook to the petitioner in respect of the aforesaid land.

(ii) W.P. No. 32928 of 2022: to declare the action of respondents Nos. 2 to 4 in proceeding to issue Pattadar passbook in favour of respondent Nos. 5 to 7 in respect of the petitioner’s agriculture land, admeasuring Acs. 2.25 guntas in Survey No. 902 of Edulu Village, Kattangur Madnal, Nalgonda District, during pendency of civil suits, as illegal and for a consequential direction to respondents Nos. 2 to 4 not to issue pattadar passbooks/ certificate etc. in favour of respondent Nos. 5 to 7 in respect of the above said land.

(iii) W.P. No. 30452 of 2022: to declare the letter dated 19.07.2022 addressed by the Sub-Inspector of Police, Kattangur Police Station to the Tahsildar, Kattangur, in respect of the subject land and to set aside the same.

(iv) W.P. No. 44081 of 2022: to call for the records in File No. A/379/21 and A/390/21 from the office of the Assistant Director, Survey and Land Records, Nalgonda (respondent No. 4) in respect of the subject land and quash the report dated 18.11.2021 issued by respondent No. 5-Deputy Inspector of Survey, Office of Revenue Divisional Officer, Nalgonda.

W.P. Nos. 30235 AND 32928 OF 2022

4. According to the petitioner, he is the absolute owner and possessor of the land admeasuring Acs. 2.25 guntas in Survey No. 902, situated at Edulu Village of Kattangur Mandal, Nalgonda District. Originally, his father, Mr. Venkaiah and his brothers had purchased the agriculture land to an extent of Acs. 10.24 guntas in Survey No. 902 of Edulu Village Shivar from one Mr. Narla Papaiah and Mr. Narla Narsaiah in the year 1972 for a valid consideration. Since the date of said purchase, they had been in peaceful possession and enjoyment over the said lands by way of cultivation. Their names were also mutated in revenue records and pattadar passbooks were issued in their favour:

    (i) Thereafter, partition took place among the father of the petitioner and his brothers, and an extent of Acs. 2.25 guntas in Survey No. 902 fell to the share of the father of the petitioner. After the death of father of the petitioner, the name of the petitioner was mutated in revenue records being legal heir and issued pattadar passbook and title deed bearing No. 833181 with Khata No. 1542 in his favour.

(ii) While so, one Mr. Narla Meenaiah is also having land to an extent of Acs. 5.12 guntas in the very same survey number. Out of the said extent, he sold out an extent of Acs. 2.10 guntas to one Mr. Allam Anjaneyulu S/o Peda Veeraiah under a registered sale deed bearing document No. 1550 of 1985, dated 26.04.1985 of SRO, Nalgonda. Pursuant to the said sale

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