✦ High Court of India · 24 Mar 2025

Baddam Pratap Reddy v. 1. The State of Telangana

Case Details High Court of India · 24 Mar 2025
Court
High Court of India
Decided
24 Mar 2025
Bench
Not available
Length
1,523 words

Petitiorl 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, Order or Direction, more particularly, one in the nature of Writ of Mandamus, directing the respondents to receive the application of the petitioner for issuance of Pattadar passbook and Title Deed in favour of the petitioner, for the land to an extent of Ac. 1-'l 1 Guntas in Sy.No. 558/83, situated at Pedda Mangalaram Village, Moinabad Mandal, Ranga Reddy District and to consider the sarne along with the pending applications submitted by other possessors in the said Survey Number for issuance of pattadar pass books basing on the orders of this Hon'ble Court dated 12-12-1978 passed in CRP No. 200 of 1978 and also orders dated 23-04-2014 passed in No. 23845 of 2011 within a specified time, in the interests of justice. 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 respondents to receive the application of the petitioner for issuance of Pattadar passbook and Title Deed, for the land to an extent of Ac. 1-1 1 Guntas in Sy.No. 558/83, situated at Pedda Mangalaram Village, Moinabad Mandal, Ranga Reddy District and to consider the same along with the pending applications on the very same issue forthwith, pending disposal of writ petition. Counsel for the Petitioner: M/s B.V.APARNA LAKSHMI Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER - THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.1153 of 2025 ORDER: Learned counsel appearing for the petitioner submits that subject matter of the writ petition is squarely covered by the orders of this Court in W.P.No.21375 of 2023 and batch, dated 09.08.2023 and the same is not disputed by the learned Assistant Government Pieader for Revenue.

2. Recording the aforesaid submission, the writ petition is disposed of in terms ol the orders of this Court in W.P.No.21375 of 2023 and batch, dated O9.O8.2O23. Hower.er, there shall be no order as to costs

3. Miscellaneous applications pending, if any, in this writ petition shall stand closed. +. Registry is directed to annex copy of the common order in W.P.No.21375 of 2023 and batch, dated

09.o8.2023. //TRUE COPY// SD/-T. TIRUMALA DEVI PUTY REGISTRAR SECTION OFFICER J To 1 . The Principal Secretary, Revenue Department. Secretariat, Hyderabad, State 2. The Distiict Collector, Ranga Reddy District, Collectorate, at Kongarakalan of Telangana. Village, lbrahimpatnamMandal, Ranga Reddy District.

3. The Joint-Colleitor, Ranga Reddy District, Collectorate, at Kongarakalan Village, lbrahimpatnam Mandal, Ranga Reddy District "Rdvenue Dlvisional Officer, Chevella Division, Ranga Reddy District. At

4. The ChevellaMandal, Ranga Reddy District.

5. The Tahsildar, IVloinabad Mandal,Ranga Reddy District. 6. One CC to M/s. B.V.APARNA LAKSHMI, Advocate [OPUCI 7

7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT]

8. Two CD Copies (Along with a copy of the common order in WP.No.21375 ot 2023 and batch) PSK. BS $ a t \ w w HIGH COURT DATED:2410312025 \ ORDER WP.No.1153 of 2025 i{ E (- o;. i, -j I B APII 2[1ffi Pz C, * ISF.5 U\\ gJ DISPOSING OF THE WRIT PETITION WITHOUT COSTS Oo'c4 W THE HONOURABLE SRTJUSTTCE B. VIJAYSEN REDDY WRIT PETITION Nos.2l375 21362 21383 14551 17421 1747t 18478 l9l7l of2023 COMMON ORDER: (oRAL) Since common issue is involved in all these writ petitions, with the consent of the both sides, they are being disposed of by this common order at the stage of admission itself.

2. W.P. No.21375 of 2023 is taken as lead case for disposal of all these writ petitions.

3. Brief facts in W.P. No.2 I 3 75 of 2023 are as under:

3. l. The writ petition is filed seeking direction to the respondents to receive the application of the petitioner for issue of Rythwari Patta in his favour in respect of the land admeasuring Acs.0-37 guntas out of total extent of Acs.3-15 guntas in Survey No.558/57 situated at Pedda Mangalaram Vitlage, Moinabad Mandal, Ranga Reddy District and to consider the same along with pending applications submitted by other possessors for issuance of pattadar passbooks based on the orders of this Court dated

12.12.1978 in C.R.P. No.200 of 1978 and the orders dated

23.04.2014 in W.P. No.23845 of 201 1 passed by this Court within i 2 a specified time and pass such other order or orders as may be deem fit and proper.

4. It is submitted that Cooperative Farming Society, Pedda Mangalaram Village, tl.ren Chevella Taluk, Hyderabad District, purchased an extent of Acs.38l-31 guntas in Survey No.558 situated at Pedda Mangalaram Village, the then Chevella Taluk, Hyderabad District now in Moinabad Mandal, Ranga Reddy District, from its vendors in the year 1952. The land . was subsequently divided between 65 members of the Society who continued to be in possession and enjoyment of the same. The names of the possessors were reflected in the Pahanies for the years 1968-69 to 1975-76. The proceedings were initiated tmder the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short 'the Act') which attained finatity as per the orders of this Court in C.R.P. No.200 of 1978 dated 12.12.1978 holding that land in question is not held by the Society within the meaning of the Act and the members of the Society should have holding the separate extents of land and thus --.---..----. 3 the 64 members of the Sociefy, their children, legal heirs, successors in interest continued to be in possession of the land.

5. It is submitted that the petitioner being purchaser (successor in interest) of land admeasuring Acs.0-37 guntas out of total extent of Acs.3- l5 guntas m Survey No.558/57 situated at Pedda Mangalaram Village, Moinabad Mandal, Ranga Reddy District, having purchased the samij under un-registered sale deeds had been in possession of the subject land. The predecessors ol the petitioner along with others submitted application before respondent No. I for grant of individual pattas in their favour, and therefore, respondent No.l issued G.O.Ms.No.8 1 5, dated

22.10.1998, directing respondent No.2 to get the land surveyed as per actual possession and enjoyment of the individuals and issue patta certificates to them. It is stated that as the respondents were not issuing new pattadar passbooks and dodging the matter, Ms. Cheguri Vittalamma alias Laxmamma Wo Cheguri Mutyalu Goud and 155 others filed W.P. No.23845 of 2011 through their GPA holders which was disposed of by this Court by the order dated

23.04.2014, granting liberty to the petitioners to make appropriate 4 applications together with supporting documents by complying with other requirements of the Rules and if such applications are filed, respondents shall consider the same, in accordance with law, and pass appropriate orders. It is submitted that pursuant to the said direction, predecessor of the petitioner submitted application for issuance of pattadar pass books but till date, the same has not been considered. In the meanwhile, the petitioner purchased the property and is constrained to file this writ petition.

6. Learned Assistant Govemment Pleader for Revenue 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 leamed counsel for the petitioners and leamed Assistant Government Pleader for Revenue appearing for the respondents, and peruscd 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./panadar pass books in respect ofthe subject lands along with the pending applications if any, of other possessors as per the orders dated.12.12.1978 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 Court, by issuing notices to all concerned/interested persons, and pass orders, in accordance with law, within a period of two (2) months from the date of 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

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