Narender Sharma v. 1. The State of Telangana

Petition Under Ariicle 226 of the Constitution of India praying that in the circumstances stated in the affldavit filed therewith, the High Court may be pleased to issue a Writ of l\,4andamus or any other appropriate Writ, Order or direction to (a) set asrde the rejection order Dt. 0510712024, vide File No. D2l43g111812022(2200025816) passed by the 2nd Respondent by declaring the same as illegat, discriminatory, arbitrary and in violation of Article 21 of the Constitution of the India, (b) Direct the Respondent No.2, to consider the application No. 2200029816, dated. 2510512022, afresh, which is submitted by the Petitioner though Dharani Portal, in respect of land admeasuring Ac. 15-23 Gts in survey numbe r ggt2 of lr/amidipally Village, Balapur Mandal, Ranga Reddy District, for entry of change of land classification, change of land nature, change of land type, change of manner in which land acquired, change of name' and (c) I direct the respondent l{o. 2, to issue Patta Passbook of land admeasuring Ac. '15- 23Gtsinsurveynumberggt}ofMamidipallyVillage,BalapurMandal,Ranga Reddy District in the ni?me of the petitioner herein' |.A.NO:1 OF 2025 Petition under section 151 cPc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent No. 2, to consider the application No. 2200029816, Dt. 25t512022, afresh, which is submitted by the Petitioner though Dharani Portal, in respect of land admeasuring Ac. 15-23 Gts in survey number 9912 of Mamidipally Village,BalapurMandal,RangaReddyDistrict,forentryofchangeofland classification, change of land nature, change of land type, change of manner in which land acquired, change of name, pending disposal of the wrlt petition. Counsel for the Petitioner : SRI GOWALA SATYA KAMESHWARI I Counsel for the Respondent Nos.1 & 2 : GP FOR REVENUE Counsel for the Respondent No.3 : GP FOR ENDOWMENTS The Court made the following ORDER li: HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.399 of 2O25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the foilowing relief: o.,..to issue a Wit of Mondamus or ang other appropiate Writ, Order or direction to o) set aside the rejection ord-er dated 05/07/2024 uide File No.D2/4391/ 18/ 20222200029816 passed by the 2nd Respondent bg declaing the same as illegal' disciminatory' arbitrary and in uiolotion of Arlicle 2 1 of the Constitution of the India, b) Direct Respond,ent No.2 to consider tle opplication No 2200029816 dated 25/ 05/ 2022 afresh uhich is submitted bg the Petitioner though Dharttni Portal in respect of land admeasuing Ac. 15-23 Gts in suruey number 99/ 2 of Mamidipatlg Viltage, Balapur Mamlal, Ranga Reddg Distrid for en{ry o1 .noig" of land classification change of land 'nature ihaige of lincl type change of manner in which land acquired change of name and c) direct respond.ent No.2 to issue Patta Passbc<:k of land ' admeasuing Ac. 1 5-23 Gts in surueA number 99/ 2 of Mamidipollg Village, Balapur Mandal, Ronga Reddg Distict in the name of the petitioner herein.--."

2. Considered the submissions of the learned counsel for the respective parties and perused the record'

3. The petitioner claims to be the owner and possessor of land admeasuring Acs.15-23 guntas in Sy'No'99/2 situated at 2 Mamidipally Village, Balapur Manda-l, Ranga Reddy District, and all the revenue records depicts the nature of the lands as patta lands and the predecessors-in-interest are also the pattadars of the said property. It is further stated that when the entries firade in the revenue records depicted as Deval Inam, the petitioner was constrained to submit an application vide No.2200O29816, dated 25.05.2022, seeking correction of said entries in the revenue records in respect of the subject lands.

4. Sri L. Ravichander, learned Senior Counsel appearing for the petitioner submitted that without providing an opportunity of hearing to the petitioner and without considering the documents reLating to the nature/ classification of the lands in revenue records such as Sethwar, Kasra Pahanis, Faisal Patti, Vasool Baaki; and only taking into consideration of the pahanis from 1970, respondent No.2-the District Collector passed an order vide File No.D2/4391I 18/2022 (2200029816l dated 05.07.2024 rejecting the appiication of the petitioner and stating that the subject land is classified as Deva-l lnam and recorded in the name of Deval Ranga Nayakula Gudi, and the subject survey number included as Endou,ment land vide tr. J Rc.No.NN1/34576107, dated 26.12.2008. Learned Senior Counsel contended that the entries made in the pahanis are never considered to be the entries reiating to Record of Rights (ROR) as per the provisions ol the Telangana Rights in Land and Pattadar Pass Books Act, l97 l (hereinafter referred to 'ROR Act, 197 1'l and they are considered only lor the purpose of classification of the larld and do not confer any rights in favour of the pattadar nor take a'"vay the existing rights of either of the parties.

5. A careful reading of the impugned order, dated os.o7.2024 in File No.D2l4391 I tB 12022 (22oo0294rc), passed by respondent No.2 reveals that only by relying upon the report vide Lr.No.B/238-77 12024 dated 21.06.2024 submitted by the Tahsildar and also the report dated

22.01.2022 submitted by the Revenue Divisional Officer (RDO), respondent No.2 has rejected the application of the petitioner and the reports which are basis for rejection of the claim of the petitioner, \ rere not communicated to the petitioner. 4

6. It is evi,lent that when there are disputes u,ith regard to nature and classification of the land, the respondent- authorities hrLve prescribed a format under the Dharani Portal, enabling the aggrieved parties to submit applications seeking correction ol the entries. While passing the impugned order, respondent No.2 ought to have taken into consideration the classification, nature, boundaries and extent ol the lands

7. In vier,r, of the above, since respondent No.2 has neither adopted the said procedure while rejecting the application of the petitioner nor provided an opportunity of personal hearing to the petitioner to enable him to produce relevalt records, the rejection order, dated O5.O7.2024 in File No.D2l439 1/lB/2O22 (2200429816) issued by respondent No.2 is set aside. The respondent No.2 is directed to conduct detailed enquiry with regard to the nature and classification o[ the subject lands duly taking into consideration of the revenue records and :r-fter providing an opportunity of hearing to the petitioner as rvel1 as the interested/effected parties and pass a reasoned order in accordance with law within a period of three \(3) months from the date of receipt of a copy of this order and communicate the decision thereon to the petitioner. 5 B. With the above observations this Writ Petition is allowed. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/. T. JAY REE ASSISTANT REG TRAR SECTION OFFICER / To

1. The Principal Secretary, Revenue Department, Secretariat, State of Telangana at Hyderabad.

2. The District Collector, Ranga Reddy District At Kongara Kalan, Ranga Reddy District.

3. The Assistant Commissioner, Endowments Department, Ranga Reddy District at Dharmika Bhavan Boggulakunta Hyderabad.

4. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

5. Two CCs to GP FOR ENDOWMENTS, High Couri for th3 State of Telangana at Hyderabad. [OUTj

6. One CC to SRI GOWALA SATYA KAtuIESHWARI. ACvocate IOPUC] 7. Two CD Copies SA (ii P (o- q t. / ( tYc r :.I"t-rJ * t HIGH COUR'T DATED:0710112025 ORDER WP.No.399 of 2025 ALLOWING ,-HE W.P WITHOUT COSTS. 0* r(F i,' @