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, it is therefore prayed that this Hon’ble Court may be pleased to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in referring the Property admeasuring Ac.5.01 guntas in survey No.36/A/9 (old), 36/A/10 (New), situated at Gopanpally Village, Serlingampally Mandal, Ranga Reddy District, as Government Property in the pahanies and other Revenue Records, despite it being a private property and not taking any action on the representation of the Petitioner dated 12-03-2025, as being arbitrary, unconstitutional and violative of principles of natural justice and consequently direct the respondents to consider the representation of the Petitioner dated 12-03-2025 and rectify the entries in respect of land admeasuring Ac.5.01 guntas in survey No.36/A/9 (old), 36/A/10 (New), situated at Gopanpally Village, Serlingampally Mandal, Ranga Reddy District by mentioning it as private land/plots and pass such further or other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2. It is stated that originally, land admeasuring Acs. 5.01 guntas in Survey No.36/A/9 (old) (36/A/10 (new)), situated at Gopanpally Village, Serlingampally Mandal, Ranga Reddy District (for short, ‘the subject property’) belongs to one Mohammed Yasin, who has acquired the same from the Government vide Proceedings No.RT.No.4504/1960 dated 13.09.1960, which was allotted by Board of Revenue, Hyderabad under Government Servants Quota and the subject property seized to be a Government property and had become a private property of Mohammed Yasin. It is further stated that Mohammed Yasin sold the subject property to Sri P.Prabhakar Rao and Sri Poichaiah through registered Sale Deed vide Document No.2792 of 1980 dated 04.09.1980 and the said Sri P.Prabhakar Rao and Sri Poichaiah sold the subject property to Sri P.Rajender Kumar and another through registered Sale Deed vide Document No.2812 of 1984 dated 30.04.1984 and the said Sri P.Rajender Kumar and another prepared a layout and divided the subject property into 57 plots and sold the said plots to several purchasers through various registered sale deeds and all the plot owners collectively started the petitioner Association and when some of the plot owners applied for encumbrance certificate, the registration authorities stated that the subject property is a Government land under Laoni patta. The grievance of the petitioner Association is that it submitted a representation dated 12.03.2025 to the respondent authorities seeking rectification of entries in the revenue records, but till date the said representation was not considered by the respondent authorities. Hence, the present writ petition.

3. Considered the submissions of the learned counsel for the petitioner Association and learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent, this writ petition is disposed of at the admission stage.

4. The parties to this writ petition are inviting this Court to adjudicate upon the issues relating to right, title, and possession of the subject property. In view of the serious disputes with regard to right, title and possession of the subject property, a writ petition is not the appropriate remedy to resolve the inter se disputes between the parties, especially in the absence of examination of the documents relating to title and possession of the respective parties. The questions as to who is the rightful owner of the land in question; who is in possession of the subject property, and if so, since when, how, and under what circumstances they claim to be in possession; whether such possession can be regarded as legal vis-à-vis the true owner, etc., are material questions that arose for consideration in this writ petiti