Avula Ramachander, v. State Of Telangana, Repby Its Principal Secretary To Govt,

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.5491 of 2016 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue.

It appears that suits for injunction between the petitioner and respondents 4 to 6 is pending and meanwhile on the basis of the registered sale deeds obtained by respondents 4 to 6, they sought mutation of their names in the revenue records. The petitioner states that he filed an application on 13.04.2015 before the Tahsildar, Kagaznagar, Adilabad District, the 3rd respondent, stating that during pendency of the civil suits, he cannot take and decide the mutation proceedings.

As is noted above, the suits, referred to, appear to be the suits for injunction and prima facie Section 8 of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 would not apply to the said suits unless they are the suits seeking declaration of title. Hence, I do not see any impediment for the 3rd respondent to consider the application of respondents 4 to 6. If the petitioner has filed any application on 13.04.2015, the 3rd respondent shall take the same into consideration, hear the petitioner and respondents 4 to 6 and then pass appropriate orders in accordance with law. The Writ Petition is, accordingly, disposed of. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

___________________________ VILAS V.AFZULPURKAR, J Date:22.02.2016 KH