Guduru Pushpamma v. unilaterally disclosing the status of the land as defence land

Petition under Section '151 CPC praying that in the c rcumstances stated in the affidavit filed in r;upport of the petition, the High Court m;ry be lrleased to direct the respondents to delete the classification of the land in Sy. No 26012 (Ac.lO-2s guntas), 261 (Ac.1t)'16 guntas) and265l2 (Ac.B-38 guntas ) totarty admeasuring Ac.29-39 guntas of '-hoomkunta village, Shamirpet Mandai tr,4ed,;hal - IValkajgiri District from defenc,: land and restore the original entries th at the said land is the patta Iand of the petitioner for all purposes, pending disposal of the writ petition. Counsel for the Petitioner: SRI VEDULA VENKATA RAMA|,tA, S[:NtOR Counsel for the Respondents: SRI L.RAVINDER, AGP FOF REVI,:NUE COUNSEL FOR M/s BHARADWAJ ASSOCTATES The Court made the following: ORDER - ,'./r' HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.458 of 2025 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "....to issue a Writ of Mandqmus or ang other appropiate uit declaing th<tt the action of the respond.ents in unilaterallg changing tl'Le enties in tle dharani ueb portal relattng to the land in Sg-No.26O/2 (Ac.10.25 gunta"s), 261 (Ac. 10.16 guntas) and 265/2 (Ac.8.38 guntas) totallg admeasuing Ac-29.39 guntas of Thoomkuntq uiltage, Shamirpet Manda| Medchal-Malkajgii District and therebg deleting the name of tLe petitioner from the status of pattadar and possessor and unilateralLg disclosing the stqtus of the land as defence land is arbitrary, illegal and in gtross uioLation of pinciples of naturaL justice and also uiotation of Article 300A of the Constitution of India and consequentlg delete the classification of the subject land as defence land and restore the reuenue enties in the dharani tueb portal that the said land is the patta lqnd of the petitioner and tllat the state gouernment or centrql gouernment ho.s no authoritg of lau) to unilateraLty destrog the title and possession of a citizen bg chan@ng the description of the Land in the enties recorded in dharani u.tebportal and further di.rect the respondents to delete the subject land from the clossification of defence land and restore the status of the subject land as patta land of the petitioner so as to enable tlrc petitioner to enjou the ou.tnership and. possessory ights ouer the said land i e land in Sy.No.260/2 (Ac.1O.25 guntas), 261 (Ac. 10.16 guntas) and 265/2 (Ac.8.38 guntas) totaLlA admeasuing Ac.29.39 guntas of Thoomkunta uillage, Shamirpet Mqrda\ Medchal Malkajgii Distict and further dtrect the respondents not to interfere uith the possession and enjogment of the petitioner ouer the said land. ..."

2. It is stated that the petitioner is the owner and possessor of lands admeasuring Ac. 10.25 guntas in Sy.No.26O /2, Ac.lO.16 guntas in Sy.No.261 and Ac.8.38 guntas in Sy.No.265l2, in total admeasuring Ac.29.39 guntas situated at Thoomkunta Village, Shamirpet Mandal, Medchal-Malkajgiri District, and the revenue authorities recorded the name of the petitioner in all the revenue 2 records arld alJt issued pattadar passbooks uid.e Nc.T0613O2}O4S4 and Khata No. i0019 in her favour. It is further sta-ed rhat without conducting anl enquiry, the respondents have deletec the said entries in the l)harani portal and recorded the s 1me i rs defence Iands

3. Sri Vedula Venkata Ramana, learned S enior Counsel appearing for the petitioner submitted that once pattadar passbooks are issued, a presumption has to br dra,vn under Section 6 of tht ROR Act, I9Tl, that the classificatic n ol.t_re entries made in the r,r.,,enue records correctly depicts the natr_ re of the lands. It is fur _her submitted that if the respondenl s are disputing the nature of tre said lands, they have to conduct an e_rquiry by following due p:,rcess of 1aw but the respondents u,ithout following the proccdure, it tered the entries and recorded the s rme a s defence lands. Learned Senior Counsel placed reliance uporr thc . udgment of this Court ir Chinnam pandurangam as. Mandal Reuenue OfJicer, SertUngatryrdllg Mandat & otherg and conter ded that without issuing notice to the persons interested. t-re re ;pondent authorities are rlot having any power or authority tc alter / modify/ correct/delete tl:r: entries in the revenue records. ' AIR 2oo8 Ap l5 To \ 3

4. Sri L. Ravinder, learned Assistant Governrnent pleader for Revenue appearing for the respondents submitted that basing on the land acquisition award, the entries have been amended in the revenue records

5. In view of the above submissions, a.s the respondent authorities have unilaterally altered the revenue entries in the Dharani portal without following due process of law or issuing any notice to the petitioner, this Court deems it appropriate to dispose of the writ petition by directing the respondent No.S to restore the revenue entries in the Dharali portal as per the entries made in the pattadar passbook bearing No.T06130290454 and Khata No.60019 issued in favour of the petitioner. If the respondent authorities, including the Revenue or Defence Department, claim any interest or ownership over the subject land, they shall issue notice to the petitioner, conduct a detailed enquiry and thereafter pass a reasoned order either for alteration or amendment of records strictly, in accordance with law. 6. With the above observations, this Writ petition is disposed of. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No order a s to costs //TRUE COPY// SD/- A. SRINIVASA RED ASSISTANT REGIS of Telangana 1 . The Principal Secretary, Revenue Department, Secretariat, Hyderabad, State 2. The District Collector , Medchat - Malkajgiri District at Keesira. s. The Additional Coll ector, Medchal - Malkajgiri District at Keesara. 4. The Revenue Divis ional Officer, Keesara Divi 5. The Tahsildar. Shamiroet Mandal. Shamirpet, sion, Medchal - Malkajgiri Medchal - Matkaiqiri District. District. SECTIO OFFICER .{..."'xt!.:_-::-1r-:;:rq'qxTi::]-.4:?rte'- 'i_ffi:--:F----.- i I i ' r.-2 =-- -:- "7 One CC to lVrs BHARADWAJ ASSOCIATES, Advocate [OPUC] Two CCs to CiP FOR REVENUE, High Court for the St: te of -'elangana, Hyderabad IltUT] Two CD Copi,:s 6 7 8 PSK, GJP+y I i i HIGH COUR]" DATED:2510312025 ORDER WP.No.458 of 2025 r" L :... L o .$ .\ \\ $- ri* ,q!)l DISPOSING If,F THE WRIT PETITION WITHOUT COSTS I sl*{ 11