THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY

ORDER:

This writ petition is filed seeking following relief:

“For the reasons stated in the accompanying affidavit the petitioner pray the Hon’ble Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the objection submitted by the petitioner dated 26-05-2025 as against the mutation application said to have been submitted by the 5^th respondent for seeking cancellation of the Dharani passbook of the petitioner vide Khata No. 60214 in respect of the land in Sy. No. 165/A, admeasuring Ac.1-27 guntas at Chinna Amdalapadu village, Undavelli Mandal, Jogulamba Gadwal District, and to mutate the said land in his name without any notice and opportunity to the petitioner, as illegal, unlawful, contrary to law and consequently direct the respondents to reject the mutation application of the 5^th respondent in respect of the above land, as he is not holding any decree as against the petitioner and it is the petitioner who is the absolute owner and possessor of the above land, and pass such other order or orders which are necessary in the interest of justice.”

2. It is stated that the petitioner is the absolute owner and possessor of agriculture land admeasuring Acs. 1.27 guntas in Survey No.165/A, situated at Chinna Amdalapadu Village, Undavelli Mandal, Jogulamba Gadwal District (for short, ‘the subject land’), having purchased the same from one Mala Ramulamma through registered Sale Deed vide Document No.217/2021 dated 15.03.2021. It is further stated that the 5^th respondent claiming to have purchased the subject land under Agreement of Sale dated 02.08.2010 got illegally entered his name in the revenue records without there being any regularization order as required under Section 5-A of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short, ‘the ROR Act, 1971’) and the 5th respondent has also filed a suit vide O.S.No.60 of 2020 on the file of Junior Civil Judge, Alampur against the vendor of the petitioner Smt. Mala Ramulamma and has obtained ex parte decree dated 27.01.2025 and also submitted an application to the 4^th respondent for implementation of the said decree under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2020 (for short, ‘the ROR Act, 1971’). It is further stated that the petitioner has also submitted objection dated 26.05.2025 to the respondent authorities requesting not to mutate the name of the 5^th respondent in the revenue records, but the respondent authorities have not considered the same. Hence, the present writ petition.

3. Considered the submissions made by learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 and with their consent, this writ petition is disposed of at the admission stage. In view of the nature of relief sought for in this writ petition, issuance of notice to respondent No.5 is dispensed with.

4. Learned counsel for the petitioner contended that since even prior to the institution of the suit by the 5^th respondent vide O.S.No.60 of 2020, the name of the petitioner was mutated in the revenue records and pattadar passbook and title deed were also issued in favour of the petitioner in respect of the subject land, the ex parte decree dated 27.01.2025 passed in O.S.No.60 of 2020 does not bind on the petitioner and in fact even if such ex parte decree is implementable, the 5^th respondent has to approach the competent civil Court by way of filing an Execution Petition.

5. Learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 submitted that the ROR Act, 2020 has been repealed and replaced with Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 (for short, ‘the Act 1 of 2025’) wherein the Government has framed the Telangana Bhu Bharati (Record of Rights in Land) Rules, 2025 (for short, ‘the Rules’) vide