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 hereby prayed that the Hon’ble Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proposed action of the 2nd and 3rd Respondents in entertaining the applications from 4^th respondents and her family members for issue of Pattadar passbooks and title deeds in respect of land to an extent of Acs. 2-38 guntas in Sy.No. 265/A of Bourampet Village, Gandimaisamma-Dundigal Mandal, Medchal- Malkajgiri District as illegal, null, void and arbitrary and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the interests of justice.”

2. It is stated that the petitioner is a limited company incorporated as per the provisions of the Companies Act, 2013 and engaged in the real estate business. It is further stated that the petitioner has purchased land admeasuring Acs. 2.30 guntas in Survey No.265, situated at Bowrampet Village, presently Dundigal-Gandimaisamma Mandal, Medchal-Malkajgiri District (for short, ‘the subject land’), under a registered sale deed bearing Document No.9149 of 2000 dated 14.11.2000. It is further stated Sri S.Malla Reddy, who is the vendor of the petitioner, purchased land admeasuring Acs. 2.20 guntas in Survey No.265 of Bowrumpet Village under registered Sale Deed vide Document No.8375 of 2000 dated 08.10.1996, having purchased the same from one Ch.Pentaiah and the petitioner has purchased land admeasuring Acs. 0.10 guntas from the said Ch.Pentaiah. It is further stated the petitioner along with one K.Ramanaiah, who is the owner of the land in other adjacent survey numbers to the subject land, made the subject land into layout with the permission of Gram Panchayat Bowrampet Village and executed registered sale deeds in favour of several persons under the nature of layout plots and by virtue of the same, the subsequent purchasers raised basement, pre-caste walls, fencing etc.. It is further stated that the 4^th respondent’s husband along with their sons sold the property in 1996 to one S.Malla Reddy, who is the vendor of the petitioner and nearly after 24 years of execution of the sale deeds, the wife of the original owner in collusion with grandsons and granddaughters filed O.S.No.154 of 2022 and obtained an ex parte decree dated 04.09.2023 against the petitioner and others. Soon after coming to know about the same, the petitioner filed a petition to set aside the said ex parte decree in O.S.No.154 of 2022 and the said petition is pending on the file of II Additional District Judge, Medchal-Malkajgiri District. The grievance of the petitioner is that the 4^th respondent along with her family members made an application to the respondent authorities for grant of pattadar passbooks and title deeds and for conversion of the subject land.

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

4. Learned counsel appearing for the petitioner vehemently contended that after obtaining necessary permissions from the Gram Panchayat, Bowrampet Village, the petitioner converted the subject land from agricultural use to non-agricultural purpose and executed registered sale deeds in favour of several persons as making the said lands as house site plots. Learned counsel further contended that the 4^th respondent suppressing the said facts has obtained an ex parte decree in O.S.No.154 of 2022 over the subject lands purchased by the petitioner under registered sale deed vide Document No.9149 of 2000 dated 14.11.2000. Learned counsel for the petitioner further contended that the petitioner has filed an application seeking to set aside ex parte decree dated 04.09.2023 obtained by the 4th resp