THE HON’BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.18210 OF 2021

O R D E R:

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief/s:-

“... to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the impugned Orders passed by the 2^nd respondent in Case No.D1/1934/2019 in Tribunal Case No.LDM2000019690, dt.19.06.2021 whereby refusing to grant the relief sought for by the petitioner for issuing the pattadar passbooks and title deeds pertaining to the land in Sy.No.147/A admeasuring Ac.9.25 gts situated at Eklaspur Village, Manthani Mandal, Peddapalli District as illegal, arbitrary and contrary to the provisions of the ROR Act and consequently by setting aside the orders of the 2^nd respondent, direct the Respondent No.2 to 4 to forthwith consider the grant of pattadar passbooks and title deeds pertaining to the above mentioned land by entering the details in the Dharani Portal, and pass such other relief or reliefs ...”

2. Heard Mr.K.Rajender, learned counsel representing Mr.P.Shravan Kumar Goud, learned counsel for the petitioner, Mr.H.Rakesh Kumar, learned Assistant Government Pleader representing learned Government Pleader for Revenue appearing for respondent Nos.1 to 4 and Mr.Y.Hemachander, learned counsel for respondent No.5.

3. The brief facts of the case are that respondent No.5 manipulated the revenue records and obtained fabricated pattadar passbooks, title deeds and got entered his name as enjoyer in the subject property; that respondent No.5 also got mutated his name in the revenue records in possessor column and requested respondent No.3 to issue necessary pattadar pass book and title deeds by entering his name in the Dharani Portal. As the same was refused, the case was referred to respondent No.2; that respondent No.5 approached the learned Senior Civil Judge Court, Manthani (for short, “the trial Court”) by filing O.S.No.12 of 2016 seeking relief of Declaration of Title and Permanent Injunction against the petitioner and his family members and filed I.A.No.289 of 2016 seeking Temporary Injunction; that upon considering the entire documentary evidence, the trial court refused to grant Temporary Injunction in I.A.No.289 of 2019 vide Order dt.30.08.2017; that respondent No.5 herein also preferred C.M.A.No.8 of 2017 on the file of the learned VI Additional District Judge, Godavarikhani which ended up in dismissal on 05.03.2021; that both the competent civil Courts categorically found that respondent No.5 failed to establish his lawful possession and prima facie title over the subject property and thereby recorded a finding that the petitioner’s name was entered in the pattadar column; that the petitioner has also lodged a complaint in F.I.R.No.66 of 2016 on 08.08.2016 before the Station House Officer, Manthani against respondent No.5 and the same was registered for the offences punishable under Sections 420, 463, 468 and 471 I.P.C. for having produced the fabricated title deeds and passbooks; that after investigation the concerned Police filed the charge sheet in C.C.No.271 of 2017 on the file of learned Judicial Magistrate of First Class, Manthani and that the case is kept pending; that admittedly respondent No.5 herein has manipulated and fabricated the revenue documents and got his name mutated in the possessor column thus, getting an undue benefit of ‘Rythu Bandhu Scheme’ even though his Injunction application was dismissed by the competent civil Court; that respondent No.5 is now approaching the authorities for survey and fixing the boundaries; that in view of pendency of the criminal case against respondent No.5 herein for having produced the fabricated documents, respondent No.2 ought to have considered the relief prayed for by the petitioner; that the order of respondent No.2 is bereft of any valid reasons and aggrieved by the same, the petitioner filed the present Writ Petition.

4. Learned counsel fo