✦ High Court of India · 02 Sep 2025

1. Pottavathula Posani, Wo Rejeshwar v. prays to direct the

Case Details High Court of India · 02 Sep 2025
Court
High Court of India
Decided
02 Sep 2025
Bench
Not available
Length
1,671 words

the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein to release the Rythu Bandu Scheme monetary benefits to the petitioners herein for the purchased land as per Sale deed bearing Doc.No.1019/1965, dated.16.03.1965 to an extent of Ac.'16-25gts situated in Sy.NO.272 of Devapur Village of Tamsi Mandal, Adilabad District by treating the petitioners as pattedhars for all purposes forthwith. Counsel for the Petitioners: MRS RATNAM REPRESENTING SRI CH GANESH Counsel for the Respondents: SRI SAHAS REDDY AGP REPRESENTING SRI K MURALIDHAR REDDY FOR REVENUE The Court made the following: ORDER R THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.1343 OF 2022 ORDER: The present writ petition is filed by the petitioners for the following relief : ". . . . to issue an order or direction more particularly one in the nature of Writ of Mandamus to declare the inaction of the respondents in not making entries of the names of the petitioners in their revenue records of respondents department in pursuance of the registered sale deed bearing document No.1019 of i965, dated 16.03.1965 ernd as per entries made in Rythu Pass Book of the year 1979 l80 to issue pattedar passbook in the names of the petitioners being legal heirs of the original purchaser of the lands in Sy.No.272 to an extent of Ac.16.25 Gts., in the year 1965, situated in Devapur Village, Tamsi Mandal, Adilabad District by prolonging ycars together without any responsibility and accountability by respondents to deprive the right to property of petitioners herein by violation of Article 300(,4.) of the Constitution which is totally unjust, unfair against law and prays to direct the respondents herein to take necessary steps to issue pattedar passbooks in the name s of the petitioners herein by making necessary entries in the revenue records based on the registered sale deed bearing document No. 1019 of 1965 subsequent entry made in Rythu pass book of the year 1979 l8O by the respondent department without any further delay with further direction to the 3'd respondent herein to release the Rythu Bandhu Scheme benefits with arrears from time to time from the year 2018 to till date by awarding cost...."

2. Heard Mrs.Ratnam, learned counsel representing Sri Ch.Ganesh, learned counsel for the pelitioners and Sri Sahas Reddy, learned Assistant Government Pleader representing Sri K.Muralidhar Reddy, learned Government Pleader for Revenue. I I I Page 2 ol-5

3. It is submitted by learned counsel for the petitioners that the petitioners are the legal heirs of Late Tadaka Mallaiah, who is the purchaser of land admeasuring Ac. 16.25 gts in Sy.No.272 of Devapur Village, Tamsi Mandal, Adilabad District under Registered Sale Deed Doc.No. 1019 / 1965 dated 16.03.1965, have been in continuous possession and cultivation of the said land, which is their sole source of livelihood. Despite repeated representations over the past five decades and an entry made in the Rythu Passbook of year 1979-80 in favor of the original purchaser, the respondents have failed to mutate the petitioners' names in the revenue records and issue Pattadar Passbooks. The revenue authorities continue to re{lect the names of the vendor and his legal heirs, who had already transferred the land in

1965. The petitioners have submitted multiple representations from 2013 to 2O2O, including to the Tahsildar, RDO, and Grievance Cell. Although a notice was issued in 2013, no further action was taken. The inaction has resulted in deprivation of constitutional rights under Article 300-A, including denial of Rythu Bandhu Scheme benefits from 2O18 onwards. There is no pending litigation restraining mutation or issuance of Pattadar Passbooks in favor of the Under the above circumsternces, the petitioners seek a direction to the -petitioners. respondents to mutate their names in the revenue records based on the registered sale deed and the earlier Rythu Passbook entry, to issue I # Page 3 ol5 Pattadar Passbooks accordingly, and to release the benefits under the Rythu Bandhu Scheme along with arrears. 4 . On the other hand, the learned Assistant Government Pleader, upon obtaining instructions, submitted, that, the petitioners who are the residents of Devapur Village, Talamadugu Mandal, Adilabad District have irled the present writ petition claiming to be the legal heirs of Late Sri Tadaka Maliaiah S/o Poshetty. They assert that Late Mallaiah purchased land in Sy.No.272, admeasuring Ac.16.25 gts., situated in Devapur village, through a registered sale deed bearing document No. 1O19 of 1965, dated 16.03.1965. Despite being in continuous possession and cultivating the said land since then, the petitioners state that their names have not beeri mutated in the revenue records. The name of the vendor, Sri Challa Linga Reddy and his sons, continues to appear as pattadars, while the petitioners are shown only as possessors. The Tahsildar, Talamadugu, upon veriffing records from 1955-2018, conhrmed that although Late Tadaka Mallaiah's name appears in the cultivation column from 196il1969, the pattadar column continued to reflect the names of the vendor's family. A local enquiry conducted by the Mandal Girdawar confirmed that the petitioners have been in possession arrd are cultivating the land. However, since the case involves disputed entries in the revenue recoqs, the Tahsildar states that it is civil in nature. Furthermore, due I I to the repeal of the A.P. Rights in Land and Pattadar Passbooks Act, 1971, and enactment of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O (Act 9 of 2O2Ol, all applications related to land mutation or correction must now be frled online through the Dharani Portal, along with any Court orders, if applicable. The authorities contend that no action can be taken on the petitioners' legai notice dated 23.04.2021 unless a formal application is submitted through the appropriate online module. He further submits that now Bhtt-Bharati Act came into force and that the petitioners have to file an appropriate application before the concerned and the same would be considered in accordance with law and procedure contemplated.

5. Hzrving heard the rival contentions advanced by both sides and upon perusal of the material available on record, i.rctuai.rg tt. instructions issued by the office of the District Collector, Adilabad, this Court, without expre ssing any opinion on the merits of the case, deems it appropriate to grant libergr to the petitioners to file a fresh and appropriate application before the respondents, in accordance with the prevailing provisions of the Bhu-Bharati Act. Upon receipt of such application, the respondents shall consider the same in accordance with law and the applicable procedure, and pass appropriate orders as expeditiousiy as possible, preferably within a period of twelve L !2) weeks thereafter g l'age 5 ol5 6 with the above observations, this writ petition is disposed of. No costs. lnterlocutory applications, if any pending, shall stand closed //TRUE COPY// Sd/-M.JAWAHAR REDDY ASSISTANT REGISTRAR 6 SECTION OFFICER \ I To, 1 . The Principal Secretary to Government, Revenue Department, State of Telangana, Telangana Secretariat, Hyderabad.

2. The Chief Commissroner of Land Administration, Telangana, Hyderabad. 3. The District Collector, Adilabad, Adilabad District. 4. One CC to SRI CH GANESH Advocate [OPUC] 5. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad. [OUTI

6. Two CD Cooies 4h'-,, D.N/DL t I I I I I i HIGH COURT DATED:0210912025 ORDER WP.No.1343 of 2022 : iltt L) i e t,ill 202[ z t I '* DISPOSING OF THE WRIT PETITION WITHOUT COSTS /z t\

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