Aravin-d Ganapathi Raju v. The State of Telangana

Petition under section 151 cpc praying that in the circumstances slared in the affidavit fired in support of the petition, ine-trign court may be pleased to direct the respondents to receive the apprication of the foi issuance of pattadar passbook and ritre Deed. for the rand to an extent of Ac. 1-2g Guntas in survey No. 558/23' situate(J at pedd.a lVangararam Vi age, Moinabad Mandar, Ranga Reddy District and to consider the same arong wrth ihe pending apprications on the very same issue forthwith, pending disposal of writ petition -petitioner Counsel for the Petitioner: SRl. B V APARNA LAKSHMI Counsel for the Respondents: AGp FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION NO.gOO Of 2025 ORDER: Learned counsel for the petltioner submits that subiect matter of the writ petition is squarely covered by the judgment of this Court in W.P.No.21375 of 2O23 and batch dated 09.08.2023 and the same is not disputed by the learned Assistant Government Pleader for Revenue.

2. Recording the aforesaid submission, the writ petition is disposed of in terms of the judgment of this Court in W.P.No.21375 of 2023 and batch dated 09.08.2023. The miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs. //TRUE COPY' SD/- L. LAKSH IBABU ASSISTANT RE ISTRAR SECTION OFFICER To,

1. The Principal Secretary, Revenue Department' Secretariat' Hyderabad' 2. The District Collector. Ranqa Reddy District' Collectorate' at Kongarakalan ' vii6.;: ib;;ii. p-,tnu- t'rtu id al Ranga Reddv District' at Ko nsa ra kara n 3 rhe J o i nlcorrector, -9 Village, lbrahimpatnam I 4. The Revenue Divisional Officer' Chevella Division' Ranga Reddy Disti'ict At - c;;;ll;Ndndal. Ranga Reddv District' 5. The Tahsildar, I\/oinabad trilandat'Ranga Reddy District 6. One CC to SRl. B V APARNA LAKSHI/l Advocate tOPUCI 7. Two CCs to GP FOR REVENUE 'High Court for the State of Telangana' lf, : 5:ttij).';['h';t"J'B::?i,:1"' Two CD CoPies 8 KKS GJP crtr 09 08.2023) fAlonq urith th: coPY of th: orde; in \l/ P.NO 21375 of 2023 and batch daled HIGH COURT - DATED:2410112025 qti Sl.. r 6 q q o 2i ::': 7'i7 i i t ol.- SP it(.r' ORDE R WP.No.900 of 2O2S DISPOSING OF THE WRIT PETTTION WITHOUT COSTS os# THE HONOUITABLE SITI JUS'IICE B. VIJAYSEN REDDY WRIT PETITION Nos.2 1375 2t362 2 r383 14551 17421 17471 18478 l9l7l of 2023 COMMON ORDER: (oRAI-) Since common issue is involved in all these rvrit petitions, with the consent ol the both sides, they are being disposed of by this common order at the stage ol adnrission itself.

2. W.P. No.21375 ol 2021 is taken as lead case lor disposal of all these writ petitions

3. Briellacts in W.P. No.2t375 of 2023 are as under:

3.1. The writ petition is filed sccking direction to the respondents to receive the application ol the petitioner for issue of Rythwari Patta in his favour in respect of the land admeasuring Acs.0-37 guntas out of total cxtent of Acs.3-15 guntas in Survey No.558/57 situated at Pedda Mangalaram Village, Moinabad Mandal, Ranga Reddy District and to consider the same along with pending applications submitted by othcr posscssors for issuance of pattadar passbooks based on the ordcrs of this Courl dated

12.12.1918 in C.R.P. No.200 of 1978 and the orders dated

23.04.2014 in W.P. No.238'15 of 20 ll passcd by this Courl within 2 a specified time and pass such other order or orders as may be deem fit and proper.

4. [t is -submitted that Cooperative Fanning Society, Pedda Mangalaram Village, then Chevella Taluk, Hyderabad District. purchased an extent of Acs.38l-3 I guntas tn Survey No.558 situated at Pedda Mangalaram Vitlage, thc then Chcvella Taluk, Hyderabad I)istrict now in Moinabad Mandal, Ranga Iteddy District, lrorn its vendors in the year 1952. l.he land was subsequently divided between 65 members of the Socicty who continued to be in possession and enjoymerrt oi the same. -l'he names of thc possessors were reflected in the Pahanies Ior thc years 1968-69 to 1975-76. The proceedings were initiated undel the provisions ol the Andhra Pradesh Land ltelolms ((lciling on Agricultural Holdings) Act, 1973 (for short 'the Act') which attained finality as per the orders of this Court in C.ll.P. No.200 of 1978 dated l l,. 12.1978 holding that land in question is not held by the Society u ithin the meaning of the Act and the mcrlbcrs of thc Society should have holding the separate extents ol land and thus 3 rhe 64 members of the Society, their children, legal heirs, successors in interest continued to be in possession of the land.

5. It is submitted tllat the petitioner being purchaser (successor in interest) of land adn.reasuring Acs.0-37 guntas out of total extent of Acs.3- l5 guntas in Survey No.558/57 situated at Pedda Mangalaram Vitlage, Moinabad Mandal, Ranga Ileddy District, having purchased the same under un-rcgistercd sale deeds had been in possession of the subject land. The predecessors of the petitioner along with othcrs subnritted application before respondent No.1 for grant of individual pattas in their f'avour, and therefore, respondent No.l issued G.O.Ms.No.8l -5, dated

22.10.1998, directing respondcnt No.2 to get the land surveyed as per actual possession and enjoyn-rent of thc individuals and issue patta certificates to thenr. It is statcd that as the respondents were not issuing new pattadar passbooks and dodging the matter, Ms. Cheguri Vittalamma alias Laxmanrma W/o Cheguri Mutyalu Coud and 155 others filed W.P. No.23845 ol 20 ll through their GPA holders which was disposed ol by this Courr by the order dated

23.04.2014, granting liberty to the petitioners to make appropriate 4 - applications together with supporting documents by cornplying with other requirernents of the Rules and if such applications are filed, respondents shalI consider the same, in accordancc r.vith law, and pass appropriate orders. It is submitted that pursuant b the said direction. predecessor of the petitioner subrnittcd apptication lor issuance of pattadar pass books but till date, the same has not been considered. In the meanwhile, the petitioner pur-chased thc property and is constrained to file this writ petition.

6. Learned Assistant Government pleader for Revcnue submitted that the petitioners are agreement holders, as such, they do not have any legal right for claiming Rythwari/pattadar pass books in respect of the subject lands. 7 . Heard learned counsel for the petitionet-s and lcarned Assistant Governrnent Pleader lor Revenue appearing tbr the respondents, and perused the material on record

8. As innocuous relief is sought by the petitioners, without expressing any opinion on merits, these writ petitions are disposed of directing respondent Nos.2 to 5 to consider the application(s) of 5 the petitioner(s) for issuance of Rythwari patta/pattadar pass books in respect of the subject lands along with the pending applications if any, of other possessors as per the orders dated 12.12.197g in C.R.P. No.200 of 1978 and the orders dated 23.04.2014 in W.p. No.23845 of 2011 passed by this Cour1, by issuing notices to all concerned/interested persons, and pass orders, in accordance with law, within a period of two (2) months lrom the date ol'receipt of a copy of this order. No order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in these writ petitions stand closed. B. VIJAYSEN REDDY, J Date: 09.08.2023 MS/RRK