THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.12113 of 2023

ORDER

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“… to pass an order or direction more particularly one in the nature of writ mandamus or any other appropriate writ or direction holding the in action of the Respondents in not entering the name of the Petitioner in the revenue records and in Dharani Web Portal and non issuance of E - Patta Passbook to the Petitioner in respect of Ac.00-75 cents of land in Sy.No.453 of Patatlaguda H/o. Sirpur Village & Mandal, KB. Asifabad District and keeping the representation dated 30-07- 2022 as well as online application transaction ID No.LM2200030439 dated 20-07-2022 in cold storage without any disposal is illegal, arbitrary, motivated, malicious, against the provisions of Telangana Right in Land and Patta Passbook Act and the Rules framed thereunder, against the principles of natural justice and fair play and violative of Articles 14, 19, 21 & 300A of the constitution of India and may be pleased to direct the Respondents to enter the name of the Petitioner in the revenue records as well as in Dharani Portal and to issue new E-Patta Passbook to the Petitioner in respect of Ac.00-75 cents of land in Sy.No.453 of Patatlaguda H/o. Sirpur Village & Mandal, KB. Asifabad District by considering the representation dated 30-07-2022 as well as online application transaction ID No.LM2200030439 dated 20-07-2022 filed by the Petitioner and to pass such other order or orders…”

2. Heard Mr.MD.Ajmal Ahmed, learned counsel for the petitioner and Mr.H.Rakesh Kumar, learned Assistant Perused the record.

3. Learned counsel for the petitioner contends that the petitioner has filed P.L.C.No.1 of 2017 before the Chairman-

cum-Junior Civil Judge, Mandal Legal Services Committee and the said authority directed the revenue authorities to conduct an enjoyment survey in respect of the land admeasuring Acs.03.07 gts in Sy.No.473 situated at Patatlaguda, H/o.Sirpur Village & Mandal, KB.Asifabad District; that pursuant thereto, the Divisional Inspector of Survey Kagaznagar along with the Mandal Surveyor, Mandal Revenue Inspector and Village Revenue Officer, Sirpur conducted survey and found that all the legal heirs of Patatla Kondaiah are in physical possession of the various bits of land in Sy.No.453. Therefore, he states that the petitioner has inherited the property admeasuring Ac.00.75 cents in Sy.No.473 situated at Patatlaguda, H/o.Sirpur Village & Mandal, KB.Asifabad District and that he is in the possession and enjoyment of the property.

4. During the course of hearing, learned counsel for the petitioner seeks a direction to official respondents to examine the representation dated 30-07-2022 and the on-line application vide transaction ID No.LM2200030439 dated 20-07-2022 submitted by the petitioner seeking to issue E-Patta Pass book in favour of the petitioner in respect of the land admeasuring Ac.00-75 cents in Sy.No.453 of Patatlaguda, H/o.Sirpur Village & Mandal, KB.Asifabad District and pass appropriate orders.

5. Learned Assistant Government Pleader for Revenue by furnishing the copy of written instructions submits that the petitioner has filed the suit for partition and separate possession vide O.S.No.119 of 2017 on the file of the learned Junior Civil Judge, at Sirpur Town (for short, “the trial Court”) with regard to the subject property and the same is pending before the trial Court. Therefore, he seeks to pass appropriate orders.

6. Having regard to the submissions of both the learned counsel and upon considering the fact that the subject matter of this Writ Petition is ceased by the trial Court, keeping this Writ Petition pending would not yield any result. Therefore, I find no reason or ground to entertain this Writ Petition. However, as sought for by the learned counsel for the petitioner, the petitioner is granted liberty to work out the remedies as available under law.

7. Wi