High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, direction or order more particularly a writ of Mandamus declaring the action of the 3rd respondent herein in issuing the proceedings dated 14-10-2drc communicated on 28-12-2021 by the 3rd respondent , where under the Revenue entries in respect of sy.No.501, 499/4 and 500/4 situated in Kunshi village of Krishna Mandal have been changed without any notice and without conjucting any enquiry and to declare the same as contrary to the Rule 19 and 20 of Telanglna Rigfris tn Land And Pattadar Pass Books Rules, 1989 and further deprivati6n of rights guaranteed under Article 14,21 and 300-4 and consequently selaside the aforesaid impugned proceedings I I I I ! I A t4 t :* t, k & r F F t r h F i lA NO: 1 oF 202.2 Petition u rc*,r Section.l:1 Cp9 praying that in the cirr;urn,;tlnces stated in the affidavit fir':d in supportof the petitio'n,1'r,.-Higt'ior,1 ma' be p eased to court suspend the ope rat on of impugned proceedings"Jrt"i t a rc zOfi."r.r"i""rt"o on 28-12-2021 p =nrling disposit of the above ,irit p"iiti", lA NO: 2 OF 2022 Petition ur d,s- Section.1.51 Cp9 praying that in the circurns t.rnces stated in petition in"-n,gh i;ii ;;;"o"' ;:r;.=u-a",,J Jri", pen ring c isposar of the the affidavit fite .d irr ; pport of to fite additionar q .r nd by firing an aaoitionai "airilavrt above Writ Pet trc,n ,the IAN Oi 1 OF 2\2tl Between: Shivarajappa, S/o Venkoba, R/o Kothapalli village, Krishn;r M;rnJal, Narayanilp,)t [ )r,;trict 2 Ramesh, S,o Elaswarai Aoe. not known , Occ. not known R/o lr:cthapalli village. K.isnr';r lilandjt. tiarayanapet Oisiriti. -' "' - '' AND 1 2 J 4

5. 6 ...VACATE STAy pETTTIONERS/RESpONI)E:NTS NO.6&7 I!:,.:,t:l;,i il]:;lif# Rep by its principar secretarv Re,renr e Deparrment -[he Distri:t Co Iector, Naryanapet district, Narayanapet The Manoal Revt-.nue Officer, Krishna lVlandal, Narayanap(rt {ti,,trict The Mandal R e y.nue lnspector, Krishna Mandal, Narayant)et c istrict. Village Revenr'r Jfficer, Kunsi Virage, Krishna Mandar, Narayz n rpet district. ...RESPONDENTS/Rt:iSiPONDENTS Dukan [Vlallil a.r .t. S/o Ram G.opal Dukan, age 62 years ( )c,:., t(rriculture R/o H No s-35 l\ta r rioad rrnsi. ru5fiyaniiib;ri;"i:i#ngana_r0,)352 ...RESPONDENT^^/RIT T'ETTTIONER Petition urde.r section 151.cpc praying that in the crrcunrsra rces stated in the affidavit fired i, srrport of the p"i,tio'n, ir,Liiin court may te preased to vacate the lnterinr Ord,:r dated 21_01_2OZZ in W e. f.fl OAf of 2022: Counsel for the [)er:itior,er: M/s. B GEETA Counsel for the Re:;pc,ndent Nos.1 to S: Cp FOR REVENUE Counset for the Re:;oc ndent No^s.6_&_7: sCiXnnflnil n-A'nA'iSff The Court made r:ho foliowing: oRDER-r ar rr^r\rlFrrrr I I t I Hll * 't 4,* t, * r+ THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.681 of2022 ORDER: The present writ petition is filed seeking to declare the action of respondent No.3 in issuing proceedings dated 14'1O'2019' communicate d, on 28.12.202 1, wherein the revenue entries in respect of Sy.Nos.SO1,4gg/A and 5OO/A, situated at Kunshi Village, Krishna Mandal, have been changed without any notice and without conducting any enquiry as illegal, arbitrary and consequently prayed for other approPriate reliefs.

2. Considered the submissions of the learned counsel for the respective parties and perused the record. It is stated that the petitioner is the absolute owner and 3. possessor of the lands admeasuring Ac-24.36 gts', in Sy'Nos 5O1, 499 / A and 5OO/A, situated at Kunshi Village, Krishna Mandai, Narayanapet District and the revenue authorities have also mutated his name in the revenue records and also issued pattadar passbook and title deed in respect of the subject property. It is further stated that the petitioner is also receiving various incentives sanctioned by the Government for cultivation of the subject property. It is further stated that the entries made in the revenue records in favour of the petitioner in respect of the subject property, have been deleted by 2 respondent \c.l:i. ,,vithout issuing any notice and wilhout foltcwing the procedure e s pr:.;cribed under the Telangana Rights in Land and Pattadar Passr..],.s Act, 1971 (Ior short, .the Act, l9i'1'), therefore, the petitioner Lrs made a representation dated 29.7,-t.2O2O to respondent No.l} ,;eeking to conduct enquiry and Lake a rpropriate action. The gric'a,ce of the petitioner is that the resl)olt(tent No.3, has passed tl-r< rnrpugned order dated 14.lO.2olg revokir-rE; th: entries made in hrs; lh.,r ltr in respect of the subject larirls arLd -he new incumbent olfi,;cr lras furnished the copy of the purported or der clated 14.10.2019 <trt )t\ 12.2021. Aggrieved by the same. tht,pr,:sent writ petition is fiL:ci

4. LearneC co tnsel for the petrtioner has vehernently c o-rtended that Section i,(,.t) of the Act, 1971 specifically states 1_h,ri before carrying out any rlmendment in the record of ri5lhts zr notice is required to be iss -: :cl to all thc persons whose nam.-s are e n -ered in the revenue r,t,::c rrl s and who are interested or affe cter: by the amendment r,f _he ecords, however, no notice has been Lssu erl to the petitioner ar d tl l impugned order dated 14.1O.2O1g l as been communicated -c, lie petitioner an 28.12.2027.

5. Prima fo ci.e rt appears that the impugnr:cl rr,Cr r dated 74.7O.2079 hls bcer issued by respondent No.3 without lollcwing the procedure as p -es:r.ibed under the provisions of thr: Act, 11,21 and 3 Rules made thereunder and also the guidelines issued by this Court in the case of Chinnam Pandurangam a. Mandal Reoenue O;fJicer, Se riling ampallg Mandal and othersr.

6. It is settled that once a right has been crehted in favour of a person, by issuing pattadar passbooks and title deeds as per the provisions of the Act, 1971, unless the said pattadar passbooks have been cancelled by following the due procedure of law, respondent No.3 is not competent to alter the entries by amending the revenue records and deleting the entries which stands in the name of the parties, that too, without issuing any notice or following the guidelines issued by this Court in Chinnam Pandurangar?l case (supra). It is further seen from the record that the procedure followed by the Tahsildar in passing the impugned order dated l4.l}.2ol9, without assigning valid Iile number is highly deprecated and untenable in law.

7. Be that as it may, it is evident that the procedure adopted by the Tahsildar is not in consonance with the provisions of the Act, 197 I and Rules made thereunder and the same is in violation of the principles of natural justice.

8. Accordingly, the Writ Petition is disposed of by setting aside the impugned order dated 14.7O.2O19 and the matter is remanded back to respondent No.3 to conduct denouo enquiry, duly issuing notice to ' Am zoo8 nt t5 i l ( ( 4 the petitioner rL: rd the unofficial respondents, st:ictl..', fcllotrit * ,n" guidelines issr-r,:r[ by the Full Bench Judgment of this Court in the case of Chinnont Panduranga,?l case (supra) and a:1er crtnsidering the docun.errts llled in support of their respective clai:ns, pass a reasoned c t'cier i.rnd communicate the same to thc parti :s within a period of tJtrr:e '(.,3) months from the date of receipt o I eL r :cpy of this order. As a s,:errcl, miscellaneous applications pendirg if rLny, shall stand closed. N< r;osts //TRUE COPY// c, SD/.T. TiFIUMALA DEVI .,D E:PU r\' REGISTRAB-- J SEC TION OFFICER The Prinr;rpal l;()cretary Revenue Department SecrUtariat, Hyc e.abad The District Cc lt:ctor, Naryanapet district, Narayanapet. The ManrJa FI:r,enue Officer, Krishna Mandal, Narayanapet d slrict. The Manrlal Fk:venue lnspector, Krishna N/andal, Nareyanpert ,i;trict. Village Rr:vi:nt e Officer, Kunsi Village, Krishna tt/andal N,:rayarrapet district one CC tr M/s; ll GEETA Advocate [opUC] One CC t,r .(iFtl I<ARNAM RATVESH Advocate tOpUCl Two CCs to Gl) FOR REVENUE, High Court for the State of T,rlangana. Two CD C opriers I t To, 1 2 3 4 5 E) 7 B, I KKS BS ( F r\ I t I i- I F HIGH COUR'I- DATED:1710?',12025 ) ORDER WP.No.681 ol',2022 {"'1;; ( s 2 a +.6 0 I ,rtnr 2u5 t Q',]:l t rFo DISPOSING TFIIE WRIT PETITTON WITHOUT COISTS ( $-- 6 .) F I F r h r I F I ! I I I I I I I ! I f I I