Actions Taken In Violation Of Status Quo Orders Are Illegal & Without Legal Effect: Telangana HC
The Telangana High Court observed that the actions taken in violation of status quo orders are illegal and without legal effect.
The Court directed the State to initiate suitable disciplinary action against the Officers being allegedly involved in altering revenue records.
The Court was dealing with a Writ Petition filed by the absolute owner and possessor of the land, seeking some reliefs.
A Single Bench of Justice C.V. Bhaskar Reddy observed, “It is settled law that when a Court issues a status quo order, it mandates that existing state of affairs be maintained until further directions are issued. Actions taken in violation of such orders are considered illegal and without legal effect. The Hon’ble Supreme Court has consistently held that any act done in contravention of a status quo order is null and void.”
The Bench ordered, “The respondent No.1 is directed to initiate suitable disciplinary action against the Officers, who are involved in aforesaid transaction of altering the revenue records and issuing the pattedar passbook, violating the orders dated 27.03.2014 and 24.02.2015 passed by this Court in W.P.No.9522 of 2014.”
Senior Advocate B. Nalin Kumar and Advocate Pratusha Boppana appeared for the Petitioner while Senior Advocate Vedula Srinivas and Advocate Vijay Kumar Panuganti appeared for the Respondents.
Facts of the Case -
The Petitioner owned 2 acres of land in Narsingi Village, purchased in 1998 from Mohan Gupta and Vinod Kumar Gupta. The land originally belonged to Begari Pentaiah, who bought it in 1960, and changed hands multiple times before being sold to the petitioner's vendors. In 2014, the Special Grade Deputy Collector and Revenue Divisional Officer set aside the mutation Order in favour of the Petitioner's predecessor without notice. The Petitioner filed a Writ Petition and the Court granted an interim Order maintaining status quo, later extended until further orders.
One of the Respondents, claiming ownership, allegedly colluded with Revenue Officials to alter revenue records despite the Court's orders. The said Respondent and Revenue Officials changed revenue records contrary to Court Orders. The Respondent hid crucial information about the Court's Orders and proceedings. The Petitioner sought restoration of original revenue records and cancellation of entries favouring the Respondent.
The High Court after hearing the contentions of the counsel, observed, "It is stated in the counter affidavit filed by the respondent No.4-Tahsildar, Gandipet Mandal, that the respondent No.6-Industrial Oil Purification Pvt. Ltd., represented by its authorised person i.e, Pajjuri Karunakar, submitted Dharani Application No.RC2300006411 and got updated the entries in the Dharani Portal as Pattadar vide Khata No.60248 of Narsingi village, Gandipet Mandal, Rangareddy District. To utter surprise, the very same respondent No.6-Industrial Oil Purification Pvt. Ltd, represented by the authorized Director Sri Srinivas Kandagatla, filed Writ Petition No.8097/2024 showing the Pajjuri Karunakar as respondent in the said writ petition and this fact was also not stated by the respondent No.6 in the counter affidavit filed in this writ petition, on 23.11.2024."
The Court further noted that any Orders passed by the Respondent-authorities during the operation of the status quo order are null and void and beneficiaries cannot claim any rights under such invalid orders and officers responsible for issuing such orders shall be subject to disciplinary proceedings for dereliction of duties and undermining the authority of the Court.
“The action of the Respondent Nos.1 to 4 in incorporating the name of the Respondent No.6 in Dharani Portal/Revenue Records in respect of land admeasuring Ac.2-00 guntas in Sy.No.340/4/1 situated at Narsingi Village, Gandipet Mandal, Ranga Reddy District vide Transaction No.2300787409 on 13.10.2023 and consequential issuance of Pattadar Passbook No.T05070060231 vide Khata No.60248 in favour of the respondent No.6, is declared as illegal, null and void”, it added.
The Court also directed the Respondent-authorities to restore the entries in the revenue records existing in the name of the Petitioner and issue pattadar passbooks as per the provisions of ROR Act, 2020, within a period of four (04) weeks.
“… the respondent No.6 is directed to pay costs of Rs.5,00,000/- (Rupees Five Lakhs only) to the High Court Legal Services Committee, Hyderabad, within a period of four(04) weeks from today and a copy of the receipt for the said payment shall be filed in the Registry”, it concluded and ordered.
Accordingly, the High Court allowed the Writ Petition and issued necessary directions.
Cause Title- M/s. Asian Tubes Private Limited v. State of Telangana and Others
