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2025 Supreme(Online)(Tel) 38893

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
Nerella Vijaya – Appellant
Versus
The State of Telangana – Respondent
WP 33476/2025



THE HON’BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.33476 OF 2025

O R D E R:

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

“... to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in entertaining appeal under Telangana Bhu Bharati (Record of Rights in Land) Act-2025 in respect of petitioner's agriculture land in an extent of Ac.2.28 guntas in Sy No,370A/2, Ac 0.20 guntas in Sy No.468 and Ac 0.10 guntas in Sy No.468/AA/2, total extent of land 3.18 guntas, situated at Dumpeta Village, Kathalapur Mandal, Jagtial District, pending the Civil Suit in O.S.No.41 of 2023 in the court of the Hon'ble Junior Civil Judge, at Korutla without Jurisdiction, without following the provisions of the Telangana Bhu Bharati (Record of Rights in land) Act 2025 and Violation of the Rule 14 of The Telangana Bhu Bharati (Record of Rights in Land) Rules 2025, is illegal, arbitrary, against the principles of Natural Justice, and violative of Art 14 and 21 of Constitution of India and pass such other order or orders …”

2. Heard Mr.B.Balaji, learned counsel for the petitioner and Mr.L.Ravinder, learned Assistant Government Pleader representing learned Government Pleader for Revenue appearing for respondent Nos.1 to 4.

3. Since, this Writ Petition is disposed of at the stage of admission, further notice to respondent No.5 is dispensed with.

4. Learned counsel for the petitioner submits that respondent No.5 and his daughters filed suit for partition vide O.S.No.41 of 2023 on the file of the learned Junior Civil Judge, at Korutla, against petitioner herein and others; that pending suit, respondent No.5 also filed a representation before respondent No.3 for cancellation of entries standing in the name of the petitioner with respect to the subject lands in the revenue records; that respondent No.3, without any jurisdiction vested upon him, took up the said representation as Appeal and issued notice dated 07.10.2025 to the petitioner, without there being any power/authority vested upon him, which is illegal and arbitrary. Therefore, he seeks to pass appropriate orders.

5. Learned Assistant Government Pleader for Revenue submits that respondent No.5 has not furnished any information in the representation stating that O.S.No.41 of 2023 is pending between the parties before the competent civil Court. However, the petitioner instead of approaching respondent No.3 and filing objections, rushed to this Court at premature stage. Therefore, he seeks to dismiss the Writ Petition.

6. Having regard to the submissions of both the learned counsel and on perusal of the material available on record, this Court deems it appropriate to grant liberty to the petitioner to file necessary objections to the impugned notice issued by respondent No.3; that respondent No.3, upon taking into consideration the objections filed by the petitioner, is directed to pass appropriate orders, strictly in accordance with law, by keeping in view the pendency of proceedings before the civil Court, as expeditiously as possible, by putting the interested parties on notice and affording them sufficient opportunity of hearing.

7. With the above direction, this Writ Petition is disposed of. No costs.

Miscellaneous petitions pending, if any, shall stand closed.

_____________________

E.V.VENUGOPAL, J Date: 04.11.2025

ESP

THE HON’BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.33476 OF 2025 Date: 04.11.2025

ESP

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