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 of the petitioner it is prayed that the 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 No. 2 to 5 in not considering my representation dated 21-01- 2025 to delete the entries from list of prohibition in respect the land in Survey No.404/A/1/1 to an extent of Ac.0-14 guntas, situated at Sanigaram Village, Kohed Mandal, Siddipet District as illegal, arbitrary and consequently direct the Respondents 2 to 5 to delete the entries from list of prohibition in respect the land Survey No.404/A/1/1 to an extent of Ac.0-14 guntas, situated in Sanigaram Village, Kohed Mandal, Siddipet District by considering representation applied through Mee Seva vide transaction No.2500000482, dated 21-01-2025 in the interest of justice and pass such other order orders as are deem fit and proper in the circumstances of the case and in the interest of justice.”

2. It is stated that the petitioner is the owner of land admeasuring Acs. 10.27 guntas in Survey Nos.404, 405, 406, 408 and 428, situated at Sanigaram Village, Koheda Mandal, Siddipet District, having purchased the same from his paternal uncle Sri Waheeduddin. It is further stated that the name of the petitioner was mutated in the revenue records and he was issued pattadar passbook bearing No.T10100040175 vide Khata No.295 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2020 (for short, ‘the Act 9 of 2020’). It is further stated that out of the said land, he sold a part of land i.e., Acs.9.34 guntas in favour of his brother-in-law Sri Syed Shahabuddin Ahmed, but the name of his brother-in-law was mutated only for an extent of Acs.7.09 guntas and pattadar passbook was issued vide Khata No.60703 for the said extent and the remaining extent i.e., Acs. 1.25 guntas i.e., Acs. 0.26 guntas in Survey No.404; Acs. 0.07 guntas in Survey No.405 and Acs. 0.32 guntas in Survey No.428 is not mutated on the ground that the said extent is notified as prohibited property and mentioned in the list of prohibited properties and therefore, representations dated 25.09.2018, 11.02.2019, 27.08.2019 and 15.10.2019 were submitted seeking for deletion of the said land from the list of prohibited properties and to record the said extent in the name of the petitioner’s brother-in-law in Dharani Portal maintained under the provisions of the Act 9 of 2020.

3. Considered the submissions made by the learned counsel for the respective parties and with their consent, this writ petition is being disposed of at the admission stage.

4. Learned counsel for the petitioner has submitted that in respect of the land admeasuring Acs. 1.25 guntas in the pahanies, the name of the petitioner is recorded as pattadar, whereas the names of the unofficial respondents i.e., respondent Nos.6 and 7 were recorded as possessors. Learned counsel for the petitioner further submits that basing on the entries in the pahanies, respondent Nos.6 and 7 are claiming rights over the properties and respondent No.7 had instituted a suit for perpetual injunction vide O.S.No.128 of 2019 on the file of the Junior Civil Judge, Husnabad against the petitioner and his brother-in-law and obtained an ex parte decree. Learned counsel for the petitioner further submits that immediately on coming to know about the ex parte decree passed against him, the petitioner has taken steps for filing of an application seeking to set aside the ex parte decree and he has also contemplated to institute a separate suit seeking declaration over the land, which is in illegal possession of the unofficial respondents.

5. Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 5, has submitted that unless the ex parte decree obtained by respondent No.7 is set