High Court · 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 consider the Online Application No.2400666032, dated o711012024 and to mutate the name of the petitioners in all revenue records under Phouthy Ezapha on their cultivating land admeasuring Ac.1-09.1/4 gts in Sy. No.639/4/A N1111111 on the name of the Petitioner No.1 and Ac.3-0ggts in Sy. No.639i4/AAi 'l111111 on the name of the Petitioner No.2 which is situated at Shaligouraram Village and Mandal, Nalgonda and to issue E pattadar passbook to the petitioners on their cultivating lands under the succession, pending disposal of the writ petition. Counsel for the Petitioners: SRI RAPOLU BHASKAR Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER I THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITIO N No.1317 OF 2025 ORDER This writ petition is filed seeking the following relief:- '...to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaing the action of the respondent Nos.2 to 4 in non-considering the Online Application No.2400666032, dated 07.10.2024 and non-initiating to mutate the name of the petitioners in all revenue records under phouthy Ezapha on their cultivatinq land admeasuring Ac.1-09 1/4 gts., in Sy-No.639/4/AN 1/ 1/ 1/1 on the name of the petitioner No.1 and Ac.3- 0B gts., in Sy.No.639/4/A4/1/1/1/1 on the name of the petitioner No.2 which is situated at Shaligouraram Village and Mandat, Nalgonda and non-initiating to issue E-Pattadar passbook to the petitioners on their cultivating lands under the succession is highty ittegat, arbitrary, unconstitutional, violation of Principles of Natural lustice and also in violation of Articles 14, 21 and 300-A of the Constitution of India and, consequently direct the respondent Nos.2 to 4 to consider the Online Application N,.24O0666O32, dated 07.10.2024 and to mutate the name of the petitionerc in all revenue records under phouthy Ezapha on their cultivating land admeasuring Ac.1.O9 1/4 gts Sy.No.639/4/AN 1/1/ 1/ 1 on the name of the Petitioner No.1 and 4c.3.08 gts., situated at Shaligouraram Village and Mandal, Nalgonda and to issue E-Pattadar passbook to the petitjoners on their cultivating lands under the succession and pass such other order or orders as the Hon'ble Court may deem fit and proper in the circumstances of the czse".

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

3. It is stated that one Late Karnati Lingaiah, who is the husband of petitioner No.1 and father of petitioner No.2, is the absolute owner and possessor of the land in Survey No.639,r4AA to an extent of 4.17 1/t gts., situated at Shaligowraram Village and Mandal, Nalgonda District. It is stated that the name of Late / / 2 CVBR, J vP_1317 2025 Karnati Lingaiah was recorded in the revenue records and pattadar passbook was issued in his favour vide Khata No.709. It is further stated that after his demise, the petitioners became the successors of the subject property admeasuring to an extent of Ac.L.09 l/c gts., and Ac.3.08 gts., respectively, thus total to an extent of Acs.4.17 % gts. It is further stated that they made an online application dated 07.10.2024 before the revenue authorities for mutation of their names in the revenue records and Pouthi lzafa (succession certificate) and also for consequential issuance of pattadar passbooks. The grievance of the petitioners is even after receiving the said Online application, respondent Nos.2 to 4 are not passing any appropriate orders to enable the petitioners to enjoy the said property as the absolute owners.

4. Learned Counsel Mr.Rapolu Bhasker vehemently contended that due to non-issuance of the pattadar passbooks or sanction of Pouthi Izafa, the petitioners are loosing cultivation rights including receiving of various incentives, investment subsidies and fertilizer subsidies being sanctioned by the Government from time to time and they are not in a position to eke out their \- ) i , t ,,,/ _) CVBR, J wp 1317 2025 livelihood as their entire family depend upon the returns of cultivation of the Iands.

5. Learned Assistant Government Pleader has not disputed that the name of the father of petitioner No.1 has recorded as pattadar vrde khata No.709 for the lands in Survey No.639 and its sub-divisions.

6. Since it is stated that the petitioners have made an application seeking for grant of Pouthi Izafa, the respondent authorities are directed to conduct an enquiry on the Online application being submitted by the petitioners. After granting of Pouthi Izafa, if there is a family consensus settlement among successors of Late Karnati Lingaiah to the respective shares, the Tahsildar is directed to mutate the names of the petitioners and issue pattadar passbooks in their favour. If otherwise, the petitioners are not entitled either f0r grant of succession certificate or for issuance of the pattadar passbooks as per the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 9 ot 2020, the Tahsildar is directed to pass a reasoned order on the application submitted by the petitioners and communicate the same to the petitioners within a period of eight (B) weeks from the date of receipt of copy of this order. 4 CVBR. J wp'1317 2025

7. with the above directions, the writ petition is diposed of. No order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. ,,rRUE copytt .,iqfffF[+HtJfS.JxI ,/ S CTION OFFICER 1

2. The Principal Secreta ry, Revenue Department, Secreta riat Building, Secretaria Hyderabad State of Telangana The Dist rict Collector ,Nalgonda , Nalgo nda District 3. The Re venue Divis ional Officer, Na Igo nda Divi sron, Nalgonda Dis tfict. 4. The Ta hsildar, Sha gouraram Mandal Nalgonda District. 5. One CC to SRt RApOLU B HASKA R, Advocate io 6. Two CCstoGpFOR REVENUE, High Court forth PUC] e State Ii Hydera bad ourl Two CD Cop IES t of Telangana, at 7 PSK. GJP f\- l \ To / HIGH COURT DATED:1010112025 ORDER WP.No.1317 of 2025 qE1 rA Ic^ ( o o 1 I l,lAB 2025 t oAd zI i DISPOSING OF THE WRIT PETITION WITHOUT COSTS \o.8 5a,