THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.9832 of 2025

ORDER

This Writ Petition is filed seeking the following relief:-

“to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent Nos.2 and 3 in not considering the objections, dated 20.03.2025 submitted by the petitioner as against online mutation application said to have been submitted by respondent Nos.4 and 5 in respect of the land in Sy.No.339/AA admeasuring Acs.3.00 guntas, situated at Chikkapally Village, Pagal Mandal, Wanaparthy District though I.A.No.496 of 2024 to set aside the ex parte decree in O.S.No.522 of 2022 is pending and further though the ex parte decree is executable decree by filing execution petition and further though the Honourable High Court in W.P.No. 30504 of 2024 directed respondent Nos.2 and 3 to consider the online application of the petitioner subject to fulfils all the conditions laid down under Section 7 of the Telangana Rights in Land and Pattadar Passbooks Act, 2020 as illegal, unlawful, contrary to law and consequently direct respondent Nos.2 and 3 to consider the objection of the petitioner submitted as against the mutation application of respondent Nos.4 and 5 in respect of the above land and reject the mutation application as same is not maintainable in law…”

2. Heard Sri M.Damodar Reddy, learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3 and with their consent, this writ petition is being taken up for disposal at the admission stage. Despite vakalath being filed on behalf of respondent Nos.4 and 5, none appeared on their behalf.

3. Learned counsel for the petitioner would submit that the husband of the petitioner by name M.Venkat Reddy was the owner and possessor of the agricultural land admeasuring Acs.2.00 guntas in Sy.No.339/AA, situated at Chikkapally Village, Pangal Mandal, Wanaparthy District and after the death of her husband, she succeeded to the said property. It is further stated that, when respondent No.4 interfered with their possession, the petitioner’s husband had instituted a suit vide O.S.No.153 of 2012 on the file of the Junior Civil Judge, Kollapur and the said suit was decreed on 16.06.2018. It is further stated that, in the said suit, respondent Nos.4 and 5 are party defendants and suppressing the said fact, respondent Nos.4 and 5 have instituted another suit vide O.S.No.522 of 2022 on the file of the Principal Junior Civil Judge, Wanaparthy and without serving summons to the petitioner they obtained an ex parte decree, dated 14.07.2023 and basing on the said decree, they made online application seeking for mutation of the subject property. Pending examination of the said mutation application, respondent Nos.4 and 5, being the plaintiffs in O.S.No.522 of 2022, have filed W.P.No.30504 of 2024 without making the petitioner as party respondent and obtained an order. Learned counsel for the petitioner would further submit that, pending adjudication of the application under Order IX Rule 13 of C.P.C. filed by the petitioner, respondent Nos.4 and 5 have been making efforts to mutate their names in the revenue records and filed application bearing Nos.Rc2400007439 and RC 2400007441, dated 12.09.2024 and when the same was not acted upon by the official respondents, they filed W.P.No.30504 of 2024 without making the petitioner as party respondent. By an order, dated 04.11.2024, this Court disposed of the said writ petition and the operative portion of the order as under:-

“ “7. In view of the above submissions, this Court, without going into merits of the case, deems it appropriate to dispose of the writ petition directing the respondent authorities to examine the petitioner’s online application vide No.RC2400007439, dated 12.09.2024 and if the said application fulfils all the conditions laid down under Section 7 of the ROR Act, 2020, respondent authorities are dir