THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.1269 of 2021

ORDER:

This writ petition is filed with the following prayer:

“...issue writ or order or direction more particularly one in the nature of writ of Mandamus declaring the order of the 3^rd Respondent in Proc.No.B2/786/2019, dt.28/05/2019 converting the Petitioners agriculture land into non-agriculture land at the behest of the 5th Respondent inspite of the entries in the Revenue records reflecting the name of the Petitioners father as highly illegal arbitrary capricious without notice and opposed to the principles of natural justice and hence to set aside the same and also to declare the Consequential Order dt.17/10/2019 in Proc.No.D1/2177/2019 of the 2^nd Respondent refusing to mutate the names of the Petitioners and issue Pattadar Passbook and Title Deed because of the order of conversion of land into non- agriculture land as highly illegal arbitrary capricious without following the due procedure contemplated under law and direct the 4th Respondent to issue Pattadar Passbook and Title Deed by mutating the names of the Petitioners in Revenue records and hence to set aside the same as otherwise the Petitioner would suffer irreparable loss and injury

2. Heard learned counsel for the petitioners, learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 to 4 and learned counsel for un-official respondent No.5.

3. Learned counsel for the petitioner contends that the District Collector by endorsement dated 17.10.2019, rejected the petitioner's request for succession and issuance of pattadar passbooks in respect of land in Survey No.47, admeasuring Ac.5-08 guntas, situated at Pudur Village, Medchal Mandal, on the ground that mutations were granted based on fabricated documents and that the land was already converted into non- agricultural land. The said endorsement is a non-speaking order passd without proper enquiry, thereby affecting the constitutional rights of the petitioners under Article 300-A of the Constitution of India. It is further submitted that the conversion order issued by vide respondent No.3 Proceedings No.B2/786/2019, dated 28.05.2019, is illegal, since no notice was served on the petitioners and principles of natural justice were violated. It is further submitted that the petitioners' names were reflected in Dharani Portal until 2018, and relevant records were submitted in land records verification programmes. It is further submitted that a civil suit O.S.No.258 of 2019, filed by the petitioners seeking declaration of title, is pending adjudication, similarly O.S.No.74 of 2010 filed by respondent No.5 is also pending. Despite pendency of suits, official respondents have mechanically proceeded without following due process of law and prayed to allow the writ petition.

4. Learned counsel for respondent No.5 submits that the dispute in this writ petition squarely falls within the scope of the civil suits pending before the competent Civil Court. Unless those suits are adjudicated, the official respondents cannot take action. He relies on Section 8(2) of the ROR Act and prays for dismissal of the writ petition.

5. Learned Assistant Government Pleader for Revenue submits that the disputes regarding ownership are already pending before vide the Civil Court. The respondent No.4 proceedings No.B/1974/2019, dated 20.09.2019, after verification, found that the name of the petitioner's father was not in the revenue records and recorded the name of Ring Road Housing Private Limited (respondent No.5). Instead of availing appellate remedies against the said proceedings, the petitioners filed a representation to the District Collector, and thereafter the present writ petition. Hence, the writ petition is misconceived and liable to be dismissed.

6. Having considered the submission, and in view of the fact that the parties have already instituted civil suits before the competent Civil Court concerning the very same subject property, this C