Telangana High Court
Chadive Sridhar vs The State Of Telangana on 5 February, 2025
HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.33142 OF 2022
ORDER:
This writ petition is filed by the petitioner seeking the following relief:
"...to issue a Writ order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in not passing any orders on the appeal/ application/ representations more particularly petitioner's representation dt. 15-09-2021 and as well as 14-03-2019 with regard to the issuing of new digital pass books relating to the Sy. Nos. 342 /A and 342/AA to an extent of Ac. 09.09 guntas situated at Kongarakaton village of Ibrahimpatnam mandal of Ranga Reddy district of revenue Khatha No.1161 vide pass book No. T0 5090010667 on the ground that the pendency of the criminal complaint vide crime No. 92/2019, dt.22-03-2019 of PS Ibrahimpatnam U/Sec 120b, 420, 468, 471 IPC, as illegal and arbitrary action on the part of the 2nd respondent herein, and also violative of Art.14, 16 & 21 of the constitution of India, and consequently direct the 2nd respondent herein to consider and pass appropriate orders on the petitioner's representation dt. 15-09-2021 and as well as 14-03-2019 for issuing of new digital books relating to the Sy. Nos. 342 /A and 342/AA to an extent of Ac. 09-09 guntas situated at Kongarakalon village of Ibrahimpatnam mandal of Ranga Reddy district of revenue Khatha No.1161 vide pass book No TO 5090010667 forthwith and to pass..."
2. It is stated that the petitioner is the absolute owner and possessor of the land admeasuring Acs.4-20 guntas in Survey No.342/A and Acs.4-29 guntas in Survey No.342/AA, total admeasuring Acs.9-09 guntas, situated at Kongarakalan Village, Ibrahimpatnam Mandal, Ranga Reddy, having purchased the same under registered sale deed bearing documents Nos.5054/2007 dated 04.04.2007 and 5319 of 2007 dated 10.04.2007. It is stated that the name of the petitioner was recorded as pattedar and possessor and he was issued pattadar pass book No.T05090010667 with Khata No.1161 in respect of the subject land. It is also stated that taking advantage 2 of petitioner's absence, fraudulent documents have been created to dispose of the subject land in favour of third parties. It is stated that basing on the said fraudulent documents, respondents No.5 and 6 made an application seeking mutation of their names in the revenue records and issuance of pattadar pass books in respect of the subject land.
3. Mr.B.S.Prasad, learned Senior Counsel, appearing for Mr.V.Seetharama Avadhani, learned counsel for the petitioner, vehemently contended that the petitioner, having come to know about the fraud being played on him in active collusion with the revenue authorities, was constrained to lodge a complaint with the Police and as the said complaint revealed cognizable offences, a case in Crime No.92 of 2019 dated 22.03.2019 was registered with Ibrahimpatnam Police Station for the offences punishable under Sections 120B, 420, 468 and 471 of the Indian Penal Code (IPC) which is pending for investigation. It is stated that the Police, after conducting detailed enquiry/investigation on the complaint filed by the petitioner, filed a report stating that respondents No.5 and 6 in active collision with others have created fraudulent documents.
4. Learned Senior Counsel further submitted that questioning the alleged fraudulent sale deeds and consequential mutation, the petitioner has instituted a suit in O.S. No.4396 of 2019 on the file of 3 the learned XVI Additional District Judge, Ranga Reddy District at L.B. Nagar (for short 'trial Court') wherein ad-interim injunction order in I.A. No.688 of 2019 was granted restraining the respondents No.5 and 6 from alienating the subject land in favour of third parties. Be that as it may, it is the case of the petitioner that they have submitted application/representation dated 15.09.2021 for issuance of pattadar pass book as per the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 2020. It is also the case of the petitioner that the Police have filed a report stating that fraudulent documents have been created over the subject land.
5. On the other hand, learned counsel for respondent No.5 vehemently contended that he has purchased the subject land by paying valid sale consideration from the power of attorney holder of the petitioner. Later, the petitioner colluded with the power of attorney holder and disputed the execution of the sale deeds and instituted the above suit.
6. In view of the above, this Court, without expressing any opinion on the merits of the case and rights of the parties, deems it appropriate to dispose of this writ petition by directing the respondent No.2-District Collector, Ranga Reddy District, to consider the petitioner's representation dated 15.09.2021 for issuance of pattadar passbook in respect of the land admeasuring Acs.4-20 guntas in 4 Survey No.342/A and Acs.4-29 guntas in Survey No.342/AA, total admeasuring Acs.9-09 guntas, situated at Kongarakalan Village, Ibrahimpatnam Mandal, Ranga Reddy, after issuing notices to the parties to this writ petition as well as to any other interested persons claiming rights over the subject lands and after considering their objections, if any, pass appropriate orders, in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is needless to observe that any orders passed by the respondent No.2 would be subject to the result of the O.S. No.4396 of 2019 on the file of the learned XVI Additional District Judge, Ranga Reddy District at L.B. Nagar.
7. With the above observations, this writ petition is disposed of. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed.
__________________________ C.V.BHASKAR REDDY, J Date: 05.02.2025 RRK/MS