THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

WRIT PETITION No.35969 of 2025

ORDER:

This Writ Petition is filed seeking the following relief:-

“…to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3^rd Respondent in trying to issue the Pattedar Passbooks in favor of 4threspondent in respect of the property in Sy.No.455 and 456 admeasuring to an extent of Ac.11.1250 Guntas situated at Kondur Village, Sirikonda Mandal, Nizamabad District, Telangana State without following the procedure and without considering the objections submitted by the petitioner dated 18/07/2025 is illegal, arbitrary and violative principles of natural justice and consequently direct the 3^rd Respondent not to issue Pattedar Passbooks in favor of 4^th Respondent in respect of the property in Sy.No.455 and 456 admeasuring to an extent of Ac. 11.1250 Guntas situated at Kondur Village, Sirikonda Mandal, Nizamabad District, Telangana State and further direct the 3^rd respondent to follow the procedure by conducting enquiry after considering the objections raised by the petitioner dated

18.07.2025…”

2. Heard Mr. R.A.Chary, learned counsel for the petitioner, Mr. L.Ravinder, learned Assistant Government Pleader for Revenue

appearing for respondent Nos.1 to 3. Perused the record.

3. With the consent of both the parties, this writ petition is being disposed of at the stage of admission.

4. Learned counsel for the petitioner submits that petitioner’s father is owner and possessor of land to an extent of Acs.22.25 guntas in Survey Nos.455 and 456 situated at Kondur Village, Sirikonda Mandal, Nizamabad District and the same was recorded in the revenue records and after the demise of petitioner’s father, petitioner’s name has been mutated in the revenue records and pattadar passbook has also been issued; that father of respondent Nos.5 and 6 and husband of respondent No.4 without any title over the above said property got mutated his name in respect of Acs.11.125 guntas in Survey Nos.455 and 456 without issuing notice to the petitioner.

4.1 Aggrieved by the same, the petitioner has filed a complaint, an RTI application and subsequently a Civil Suit in O.S.No.01.2023 to cancel the entries in the revenue records wherein respondent Nos.5 and 6 filed written statement admitting that they are not the owners but merely caretakers and the property belongs to ‘Jama Masjid’. Despite the pending suit and the admission of non-ownership, respondent No.3 issued notice to the petitioner on 03.07.2025, for mutation in revenue records in favor of respondent Nos.4 and 5.

Pursuant to the said notice, petitioner has filed objections on 18.07.2025 before respondent No.3 through his counsel, which is of no use. Challenging the attempt of respondent No.3 in issuing pattadar passbooks in favour of respondent Nos.4 and 5 in respect of land to an extent of Acs.11.1250 guntas in Survey Nos.455 and 456, this writ petition has been filed.

5. Learned Assistant Government Pleader for Revenue would submit that the official respondents will consider the objections raised by the petitioner through his counsel and would pass appropriate orders in accordance with law and will follow the due procedure as contemplated under law. Hence, seek to pass appropriate orders.

6. Having regard to the submissions of both the learned counsel and upon considering the material available on record, this Court deems it appropriate to direct the official respondents to examine the case of the petitioner by taking into account, the objections raised by the petitioner and to take appropriate action by issuing notice to all the concerned. Since this Court has ordered the official respondents to issue notice, the notice to unofficial respondents in this writ petition stands dispensed with.

7. With the above direction, this Writ Petition is disposed of.

There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

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JUST