HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.8018 of 2023

ORDER:

The present writ petition is filed seeking to declare the inaction of the respondents for mutating the name of the petitioner in respect of the property to an extent of Ac.04.21 gts., in Sy.No.971 and issuing pattadar passbook by considering Dharani applications vide Nos.RC2200003560, RC2200003561, RC2200003562, RC2200003563, dated 28.03.2022, as illegal, arbitrary and consequently prayed this Court to direct the respondents to issue pattadar passbook in favour of the petitioner.

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is stated that the petitioner is the owner and possessor of the land to an extent of Ac.4.21 gts., in Sy.No.971, situated at Papannapet Village and Mandal, Medak District, having purchased the same through a registered sale deed bearing document No.4349 of 2006, dated 31.08.2005 from one Smt. Pasupunoori @ Chintala Uma Rani through her GPA holder Sri Laxminarayana Agarwal. It is further stated that when disputes arose between the vendor of the petitioner and her family members over the subject property, Chintala Srinivas, brother of the vendor of the petitioner has instituted a suit vide O.S.No.2 of 2002 on the file of the Senior Civil Judge, Medak, for partition and separate possession in respect of the properties mentioning A to R in the suit schedule properties, which also includes Sy.No.971, purchased by the petitioner through a registered sale deed. It is further stated that the said suit is decreed in favour of the plaintiff, viz., Chintala Srinivas, vide judgment and decree dated 19.03.2012. Aggrieved by the same, an appeal has been filed by one of the brother of the vendor of the petitioner, vide A.S.No.59 of 2012 on the file of the VIII Additional District and Sessions Judge, Medak and the same was partly allowed vide judgment dated 10.03.2021, wherein the properties purchased by the petitioner admeasuring Ac.4.21 gts., in Sy.No.471, were excluded from the purview of the partition decree. Aggrieved by the said judgment, the plaintiff in the suit preferred second appeal on the file of this Court vide S.A.No.136 of 2021. There are no interim order granted by this Court and the said appeal is pending for adjudication. The case of the petitioner is that he has made online applications vide Nos.RC2200003560, RC2200003561, RC2200003562, RC2200003563, dated 28.03.2022 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2020 (for short “the ROR Act, 2020”) before respondent No.4 along with all relevant documents for mutating his name in the revenue records and consequential issuance of pattadar passbook in respect of the subject property. The grievance of the petitioner is that the respondents have not considered the said applications till date. Hence, the present writ petition.

4. Learned counsel for the petitioner has vehemently contended that mere pendency of the second appeal does not take away of the right of the petitioner over the subject property purchased the same under registered sale deed and the petitioner is entitled for mutation of his name in the revenue records. Learned counsel further contended that in the absence of any interim order granted in S.A.No.136 of 2021 staying the operation of the judgment and decree in A.S.No.59 of 2012 or any restraining order for entertaining application for mutation over the land in Sy.No.971, the respondents being the statutory authority has to implement orders in A.S.No.59 of

2012.

5. Per contra, learned Assistant Government Pleader appearing for the respondents submitted that in view of the pendency of S.A.No.136 of 2021 on the file of this Court, the respondents have not entertained the applications submitted by the petitioner for mutation and consequential issuance of pattadar passbook in respect of the subject property.

6. In view of the above submissions, this Court deems it appropriate t