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2025 Supreme(Online)(Tel) 48829

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
Smt Jukanti Vimala – Appellant
Versus
The State of Telangana – Respondent
WP 4388/2024



THE HON’BLE SRI JUSTICE K.LAKSHMAN

COMMON ORDER:

Heard Sri R. Chandra Shekar Reddy, learned counsel for petitioner and Sri Ms. Tekuru Swetcha, learned Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 3 and Sri C. Ramachandra Raju, learned counsel for 4th respondent.

2. According to the petitioner, she has purchased land to an extent of Acs.2.00 guntas in Survey No.97, situated at Naganpally Village, Bodhan Mandal, Nizambad District, under a registered sale deed bearing document No.584/2022 dated 02.03.2022 from Smt. Ravella Koteshwaramma. She has obtained mutation proceedings, latest pattadar pass books and title deeds. Whereas, 4th respondent is claiming that he has purchased the subject property under a registered sale deed bearing document No.897 of 2013 dated 01.02.2013 executed by Sri Ravella Ramprasad, S/o. Smt. Ravella Koteshwaramma. He did not get his name mutated in the revenue records. He has obtained the aforesaid sale deed and he was silent all through. Thereafter, he has filed a Writ Petition vide W.P.No.38837 of 2018 against his vendor, Sri Ravella Ramprasad, and others, to declare the action of the Sub-Registrar, Bhodan, Nizamabad District, in not furnishing valuation particulars of his property as per the basic value register, not receiving and not registering any deed of conveyance including sale deed, as illegal. Petitioner is 9th respondent in the said Writ Petition.

3. Vide order dated 09.06.2023, this Court allowed the said Writ Petition permitting 4th respondent herein to submit online application in Dharani Portal for mutation and issuance of pattadar pass book in respect of the subject land before the Tahsildar, Bhodan Mandal, Nizamabad District, and directing the Tahsildar to update the name of 4th respondent and complete the process within a period of four (4) weeks from the date of submission of such online application by the petitioner, without reference to the cancellation deed dated 08.05.2015 and the sale deed dated 22.03.2022. Further, once the subject land is updated in the name of 4th respondent herein, he is at liberty to take further steps for conveyance of the subject land or otherwise as he may desire.

4. In compliance with the said order dated 09.06.2023, 4th respondent herein has submitted online application dated 07.07.2023 to the Additional Collector, Nizamabad, who in turn issued notice dated 18.01.2025, to the petitioner and 4th respondent herein fixing the date of hearing as 01.02.2025 at 11:00 AM. Instead of appearing before the Additional Collector, Nizamabad, on the said date of hearing, the petitioner filed the present Writ Petition, W.P.No.3579 of 2025.

5. Learned counsel for petitioner would contend that the petitioner is not aware of the aforesaid sale deed obtained by 4th respondent from Sri Ravella Ramprasad, S/o. Smt. Ravella Koteshwaramma, the petitioner’s vendor. The petitioner is a bona fide purchaser. Therefore, the Additional Collector cannot conduct any enquiry. With the said submissions, he sought to set aside the impugned notice, dated 18.01.2025, issued by the Additional Collector.

6. Sri C. Ramachandra Raju, learned counsel appearing for 4th respondent would submit that 4th respondent has purchased the subject property under a registered sale deed bearing document No.897 of 2013, dated 01.02.2013, from Sri Ravella Ramprasad, much earlier to the sale deed said to have been executed in favour of the petitioner on 02.03.2022 from Smt. Ravella Koteshwaramma, mother of his vendor. Therefore, the sale deed of the petitioner has no value. Hence, the present Writ Petition is not maintainable. He would further submit that the petitioner is a party to W.P.No.38837 of 2018 and the order dated 09.06.2023 passed in the above said Writ Petition attained its finality. Therefore, the petitioner cannot file the present Writ Petition, W.P.No.3579 of 2025 challenging the notice dated

18.01.2025.

7. In the light of the aforesaid submissions, it is not in dispute

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