✦ High Court of India · 07 Jan 2025

The High Court · 2025

Case Details High Court of India · 07 Jan 2025
Court
High Court of India
Decided
07 Jan 2025
Bench
Not available
Length
1,273 words

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 Nos.2 to 4 in correcting the Data of Pattedar passbook with respect to land to an extent of Ac.0-35 % guntas in Sy No.159/2/1 and Ac.0-30 /.guntas in sy No.'159/2 totally admeasuring Ac. 1-25 % gts situated at Anthampallv Village, Bhiknoor Mandal, Kamarcddy District, Telangana by deleting from the list of prohibitory properties and issuance of pattedar passbook pursuant to the online Application No.2400080013 dated 12.08.2024 in Dharani Modure No.TM.33 is as being illegal, arbitrary and violative of fundamental right guaranteed under Articles 14, 21 and constitutional right to property under Article 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. lA 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 Nos.2 to 4 to take cognizance upon the Online Application No.2400080013 dated 12.08.2024 with respect to land to an extent of Ac.O-35 % guntas in Sy No.159/2/1 and Ac.0-30 % guntas in Sy No.159 12 tota|y admeasuring Ac.1-25 % gts situated at Anthampally Village, Bhiknoor Mandal, Kamareddy District, Telangana, pending disposal of the above writ petition. Counsel for the Petitioner: SRI SHASHIDHAR REDDY, REp. FOR SRI R.S.SUMITH RAJ Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER a ORDER: HON'BLE SRI JUSTICE C.V.BHASKAR REDDY W.RIT PETITION No.547 of 2o25 This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following reiief: "....fo rbsLe a wit or order or directi.on more particularlg one in the nature of Wit of Mandamus declaring the inaction of the Respondent Nos.2 to 4 in correct[ng the Data of Pattedar Passbook r,utth respect to land to an extent of Ac.O.35 % guntas in Sg.No.159/2/ 1 and Ac.O.30 guntas in Sg.No.159/2 totally admeasuing Ac.1 .25 % gts situoted at Anthampallu VilLage, Bhiknoor Mandal, Kamarcddg Dtstrict, Telangana by delettng from the list of prohibitory properties and issuance of pattedar passbook pursuant to the Online Application No.2400080Oj3 dated 12.08.2024 in Dhorani Module No TM 33 is as being itlegal, arbitrary and uiolatiue of fundnmental right guaranteed und.er Arttcles 14 and 21 ond constitutional ight to propertA und.er Arlicle 3O0A of th-e Constitution of India and consequentlg direct the Respondent Nos.2 to 4 to issue pattedar passbook with respect to subject land...."

2. Considered the submission s of thc le arncd counsel for the respective parties and perused the record

3. The petitioner claims to be the owner and possessor of land admeasuring Ac.0.35 % guntas in Sy.No.159 l2l1 and Ac.O.3O guntas in Sy.No. 159 12 totally admeasuring Ac. 1.25 % guntas situated at Anthampallv Village, Bhiknoor Mandal, Kamareddy District, and the revenue authorities have mutated her name in the revenue records and also issued pattadar passbook and title deed l No.286433 vide Patta No.394 in her favour under the provisions of the Telangana Rights in Land and pattadar passbooks Act, 197r (for short "the Act, 1971,') and the Rules made thereunder. It is further st,ted that the vendors of the petitioner are in possession of the said property prior to the policy enunciated by the State Government uzde G.O.Ms.N o.7406, dated 25.07. 19Sg. It is further stated that claiming that the lands 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 Transfe rl Act, 1977 (for short "the Act, 7977") and respondent No.4 has passed the resumption orders uide proceedings No.A2/ 1660/2015-3, dated 09.12.2016. It is further stated that questioning the said resumption proceedings, the petitioner filed an appeal vide No. 1gg of 2017, before respondent No.3, under Section 4-A of the Act, 1977 and by an order, dated 2O.OI.2020 the said appeal was allowed by setting aside the resumption orders. It is lurther submitted that in compliance of the order passed in the said appea| uid_e Memo No.A2/ 1,660 l20lr, dated 10.O2.202O, 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. -)

4. Sri Shashidhar Reddy, learned counsel appearing for the petitioner submitted that in pursuance of the said Memo, the petitioner has submitted an online application No.2400080O 13, d.ated 72.O8.2O24 seeking for issuance of e-pattadar passbook in respect of the subject land and also for deletion of the subject property from the list of prohibited properties and even after receiving the same, the respondent-authorities are not considering the said application.

5. 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 {

6. In view of the submissions and since the petitioner has already submitted an online application vide No.2400080013, dated

12.08.2024 seeking for issuance of pattadar passbook under the provisions of the Telangana Rights in land and Pattadar Passbooks Act, 2O2O (for short "the Act 9 ot 2O2O"l and also carrying out necessary entries in Dharani Portal, this Court deems it appropriate to dispose of this writ petition directing the respondents to examine the said application and if the said application fulfills all the requirements of the provisions of the Act 9 of 2O2O and also the circular instructions issued by the CCLA uide circular No. i of 2O2 1, dated 15.01.2O21 and Circular No.1 of 2024, dated 28.02.2024, l they shall pass a reasoned order in accordance with law and communicate the same to the petitioner, within a period of eight (08) weeks from the date of receipt of a copy of this order. 7 With the above observations this Writ petition is disposed of. No order as to costs As a sequel, thc miscellaneous petitions pending, if an1., shall stand closeci To, //TRUE COPY// SD/.A. SRINIVASA REDDY ASS T NT REGISTRAR \ CTION OFFICER

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

2. The District Collector, Kamareddy District, Kamareddy. 3- The Revenue Divisional Officer, and Competent Authority, Kamareddy Kamareddy District

4. The Tahsildar, Bhiknoor Mandal, Kamareddy District 5. One CC to SRI R.S.SUMITH RAJ, Advocate IOPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies BSR BS {* HIGH COURT DATED: 0710112025 ORDER WP.No.547 of 2025 ! I I ?./' 1t{ E SI4 k t) ,10 FIB 2[25 t t) PATCtr s.t't z c I / .a+ DISPOSING OF THE WRIT PETITION AT THE ADMISSION STAGE, WITHOUT COSTS @ \k,"\3\ rO\

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments