THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

WRIT PETITION No.20652 of 2020

ORDER

This writ petition is filed seeking the following relief:

“…to issue a Writ of Mandamus or any other appropriate Writ Order or Orders Direction or Directions to declare the inaction of the 4th respondent in implementing the order passed in Lr.No.B/433/2017, dated 31.07.2017 on the ground of pendency of the Appeal filed by the respondent in No.D/1132/2019 despite there being no stay order in force against the same as unreasonable arbitrary and illegal and to direct the 4^th respondent to cause mutation in the revenue records in terms of the order passed in Lr.No.B/433/2017, dated 31.07.2017 subject to the result in the Appeal filed by the 5^th

respondent in ROR Appeal No.D/1132/2019…”

2. Heard Sri Brahmadandi Ramesh, learned senior counsel representing learned counsel for the petitioner and learned Assistant Government Pleader for Revenue

appearing for respondent Nos.1 to 4.

3. Learned senior counsel for the petitioner would submit that respondent No.4-Tahsildar had passed an order vide letter Lr.No.B/433/2017, dated 31.07.2017 to mutate the name of the petitioner herein against Sy.No.309/E to an extent of Ac.2.00 guntas of Mojarla Village of Peddamandai Mandal as per the order dated 06.06.2021 in Lokadalath case No.45 of 2011 in O.S.No.69 of 2007 on the file of the

Senior Civil Judge at Wanaparthy under Section 5-A of T.S Right of Land and Pattadar Passbooks Act, 1971. Challenging the same, respondent No.5 herein filed an appeal vide Appeal No.D/1132/2019 before respondent No.3 and respondent No.3-Revenue Divisional Officer, Wanaparthy granted Status-Quo in respect of the subject land till 29.02.2020 and directed the Tahsildar Peddamandai to comply the order. Learned senior counsel for the petitioner would submit that despite no stay order was in force against the subject property, mutation order in favour of the petitioner was not passed by respondent No.4. Challenging the same, the present writ petition has been filed by the petitioner.

4. It is further submitted that during pendency of this writ petition, respondent No.1 has enacted the Telangana Rights in Land and Pattadar Pass Books Act, 2020 and in pursuance of the new Act and by G.O.Ms.No.4 Revenue (Assignment-I Department) dated 12.02.2021 and constituted Special Tribunal in every District and the case was disposed of on 03.02.2021 based on material available on record. However, in the light of the interim orders passed in WP (PIL) No.20 of 2021, dated 18.03.2021, respondent No.5 filed written submissions to reopen the case. Accordingly, notice was issued and finally, the File No.D/Spl/Tribunal/Peddamandadi/Case No.266/2021 (Old Rdofile No.D.1132/2019 was dismissed on 24.06.2021. Hence, learned senior counsel seeks to pass appropriate orders.

5. Despite service of notice, there was no representation on behalf of respondent No.5.

6. Learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 to 4 would submit that the File No.D/Spl/Tribunal/Peddamandadi/Case No.266/2021 (Old Rdofile No.D.1132/2019 has been dismissed stating that there is serious title dispute between petitioners and respondents who are own brothers and the disputes which have been covered before the Special Tribunal are pending before this Court in this writ petition.

Therefore, he seeks to pass appropriate orders.

7. Having heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and upon examination of the material placed, this Court is of the opinion that since the order passed by the learned Special Tribunal has not been challenged, without making any observations, deems it appropriate to grant liberty to the petitioner herein to make a detail representation before respondent No.3, who is appropriate authority as per Section 15(1) of the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025. After filing such representation, respondent No.3 is directed to issue notice