Smt T. Radha v. 1. The State of Telangana

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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondent No.2 to 4 in correcting the Data of Pattedar Passbook with respect to land to an extent of Ac.0-35 1/4 guntas in Sy No.159/211 and Ac. 0-30 1/2 guntas in Sy.No.159/2 totally admeasuring Ac.1-25 3/4 gts situated at Anthampally Village, Bhiknoor Mandal, Kamareddy District, Telangana by deleting from the list of prohibitory properties and issuance of pattedar passbook pursuant to the Online Application No.2400'1 1'1388 dated 1711012024 in Dharani Module No.TM.33 is as being illegal, arbitrary and violative of fundamental right guaranteed under Articles 14, 7 21 and constitutionar right to property under Articre 300-4 of the constitution of lndia and consequently direct the Respondent Nos.2 to 4 to issue pattedar passbook with respect to subject land. l.A.NO.1 oF 202s 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 Nos.2 to 4 to take cognizance upon the onrine Apprication No'2400111388 dated 17r10t2024 with respect to rand to an extent of Ac.0-35 1/4 guntas in sy No 159/2/'l and Ac.0-30 1/2 guntas in sy No.159 t2 totary admeasuring Ac.1-25 3i4 gts situated at Anthampary virage, Bhiknoor Mandar, Kamareddy District, Telangana, pending disposal of the above writ petition. Counsel for the petitioner : SRI R.S.SUMITH RAJ Counsel for the Respondents : AGp FOR REVENUE The Court made the following ORDER I HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.521 of 2o25 ORDER: This writ petition is filed praying this Court to declare the action of respondent Nos.2 to 4 in not correcting the Data Pattadar Passbook in respect of the land to an extent of Ac.O.35 74 guntas in Sy.No. i59/2/ I and Ac.0.30 % guntas in Sy.No.159/2, situated at Anthampally Viltage, Bhiknoor Mandal, Kamareddy District by deleting the same from the list of prohibited properties and issuance of pattadar passbook pursuant to the online application No.240Ol1l3gg, dated 17 .1O.2O24 made in Dharani portal as illegal, arbitrary and violative of Articles 14, 21 and 3O0_A of the Constitution of India and for other appropriate reliefs.

2. The petitioner claims to be the owner and possessor of land to an extent of Ac.O.35 % guntas in Sy.No. 159/ 2/I and, Ac.0.3O 72 guntas in Sy.No. i59/2, situated at Anthampaily village, Bhiknoor Mandar, Kamareddy District and the revenue authorities have mutated her name in the revenue records and aiso issued pattadar passbook and title deed No.45r73T uide Patta No.328 in her favour under the provisions of the I I 2 CVBR, J Wp_521_2025 Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short "the Act, 1971") and the Rules made thereunder' It is further stated that the vendors of the petitioner are in possession of the said property prior to the policy enunciated by thc State Government uide G.O.Ms.No. 1406, dated 25'07' 1958' It is further stated that claiming that the iands are assigned land and the assignees have violated the conditions of the assignment patta, the respondent authorities have initiated enquiry as per the provisions of the Telangana Assigned Land (Prohibition of Transfer) Act, 1977 (for short "the Act, 1977"1 and respondent No.4 has passed the resumption orders uide proceedings No.A2l1660l2ol5-2, dated 09'12'2016' It is further stated that questioning the said resumption proceedings, the petitioner filed Appeal No'185 of 2017, under Section 4-A of the Act, 1977 and by an.order, dated 20 'Ol '2O2O the said appeal was allowed by setting aside the resumption orders. It is further submitted that in compliance of the order passed in the said appeal, uide Memo No'A2/ 1660/2O 15, dated 10.O2.2O2O, respondent No.4 directed the Village Revenue Officer, Anthampally, to incorporate the name of the petitioner in the revenue records and take necessary action for issuance of new pattadar passbooks and report compliance' It is further -) CVBR, J wP_,s21 2025 stated that in pursuance of the said Memo, the petitioner has submitted Online application No.240O I 1 1388, dated

17.10.2024 seeking for issuance of e-pattadar passbook in respect of the subject land and also for deletion of the subject property from the list ol prohibited properties. The grievance of the petitioner is that even after receiving the same, the respondent authorities are not considering the said application.

3. Considered the submissions of the learned counsel for the respective parties and with their consent, this writ petition is disposed of at the admission stage. I

4. In view of the submission made by the learned counsel for the petitioner that the subject lands have already been deleted from the list of prohibited properties by the proceedings of respondent No.3 and since the petitioner has already submitted online application No.24OO111388, dated 17. lO.2O24 seeking for issuance of pattadar passbook under the provisions of the Telangana Rights in land and Pattadar Passbooks Act, 202O (for short "the Act 9 of 2O2O"l arid also carrying out necessary entries in Dharani Portal, this Court deems it appropriate ro dispose of this writ petition directing the respondents to examine the said application and if the said apptication fulfilled t t ,1 4 CVBR..I Wp_521_2025 all the requirements of the provisions of the Act 9 of 2O2O and also the circular instructions issued by the CCLA uide circwlar No. 1 of 2021, daLed 15.O1.2O2I and Circular No. 1 of 2024, daLed 28.O2.2024 , they shall pass appropriate reasoned order in accordance rvith law and communicate the decision thereon to the petitioner, within a period of eight (08) weeks from the date of receipt of a copy of this order.

5. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. 6 As a sequel, the miscellaneous petitions pending, if any, shall stand closed //TRUE COPY// SD/.T. TIRUMALA DEVI NT REGISTRAR ASSI \ t) SE CTION OFFICER Telangana at HYderabad' ',. ,n" Principal Secretary, Revenue Department' Secretariat Buildings' State of z. ih" ojJri"t Coliector, Kamareddy District' Kamareddy' ;. il; R;;;;" oiririonut otr'cer a;d Competent Authoritv' Kamareddv' +. ine iafrsifiar, Bhiknoor Mandal, Kamareddy District' ;. i;; ccr t" cp ron neVir'rur, High court for the State of relangana at 6 d; cc 6 snt n.s.sututrH RAJ, Advocate [oPUC] 7. Two CD CoPies KamareddY District. Hvderabad. [OUTI SA BS w I I c TS A r€: 1n ( j zs JAN 2125 o j t o t, A{ c t HIGH COURT DATED:0810112025 ORDER WP.No.521 ot 2025 DISPOSING OF THE W.P WITHOUT COSTS. lr(