High Court · 2025
Case Details
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITIO N NO: 123 50F 2023 Between: Bharath Rai, S/o Late Vittobaji or Vittal Rao Aged about 60 ygars' Occ' xifti, ti; ;;., hb H.r.rljj e_6_ib6, outside Gowt ipu-ra, Hyderabad. Telansana State ..PETITIONER AND 1 The State of Telangana, Rep by its Principal Secretary Revenue Department' Secretariat, HYderabad
2. The District Collector, Sangareddy District, Telangana State 3. The Revenue Divisional Officer, Zaheerabad tvlandal' Sangareddy District' Telangana State
4. The Tahsild ar, zaheerabad tVIandal, Sangareddy District, Telangana state 5. lvlanzoor-Ul-Haq Ansari, S/o Jaffer Ansari Rl/o H'No'3-1-135' Gadi' Near " Hh;Kh;;r, 2ir.,e"rauJ iJ*ninu N,4andal, sangareddy District, Telansana State
6. Touseef Quraishi, S/o Late t\rlr'Rasheed Qureshi' Fl/o H'No 8-2-698/A/A' - R;;d No.12, Baniara Hills' Hyderabad' 7. Shaik Saleem Ali, S/o. Shaik Mahboob Ali' Fl/o H No 9-4-8716' Toli' Chowki' Hyderabad
8. Vinod Kumar Parek, S/o. Vijay Singh Parek' R/o' H.No 5-8-48' Chrag Ali 9. Ramnarayan Agaruval, S/o Govind Ram Agarwal' R/o H'No 1 '1-6-438' Lane, Abids, HYderabad. NampallY, HYderabad. Aj.eritrrtrnril, Falaknuma, Hyderabad
10. Sana Sikandar, D/o. Mohd. Sikandaruddin Ali Khan' FI/o H'No 18-2-479/7' ' - 1 1.Anas Tauseef Quereshi S/o Late Tauseef Qureshi' aged about 32-years' Occ: ' ' iil;;;;;-Fv; rrau.ro.roi' H.No-6-1-68/2, sai Nivas Apartments' near lrtneirn'Cnrr"h, Saifabad, HYderabad' (Rl 1 is impleaded as per C'O'DI 15 04'2025 in l A'NO 2/2023) ...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the 'oe circumstances stated in the affidavit filed therewith, the High'cdurt may pleased to issue writ, order or Direction, or any other appropriaG order one in the nature of a wRIT oF TMANDAMUS, decraring the action or tre oniciat Respondents not considering the apprications da"ted 13ro7r2o22 r"ol ov ft," Petitioner through online vide (1) Appl.No.RC22ooooll03 for Sy.No.i89/Ai'to'un extent-of AC.3- 00gts, (2) Appr.No.RC22oooo71o1 for sy.No.'189/A1/2 to an exlent of Ac.2-10gts, (3) Appl. No.RC2200006789 for Sy.No.189/ .l to an extent ot nc.t_ 30gts' (4) Appr.No.RC220o007097 for sv.No.lBti/2 to an exlent n".r-iostr,lsr App|.No.RC2200007099 for sv.No.i89i3 to an extent of acr- oosogii,'to) Appl.No.RC2200007102 for Sy.No.189rA113 to an extent ot nc.z-rodts, iz) App|.No.RC2200006788 for sy.No.189/ A1l1r1 to an extent of Ac 2-2t50!ts and not making changes in Revenue Record and not issuing the pattadar pr"t.oook over the land in sy.No.189, admeasuring Ac.1g-08 gts., situated at Zai-reerabad Village and lVlandar of Sangareddy Disirict, as ilegar, arbitrary in vioration of principles of naturar justice and against the equity ind consequenfly direct the official Respondents to correct the revenue records and issue pattadar passbook in favour of Petitioner for the land stated supra "r IANO:1OF2 023 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, tne Higr-, court may be preased to direct the official Respondents to correct the reven-ue records and issue pattadar Passbook in favour of petitione_r for the rand in Sy.No.'rg9, admeasuring nc.rs-oa gts-, situated at Zaheerar:ad Vi age and Mandar of Sangareddy District, p"noing disposal of the main Writ petition Counsel for the Petitioner: SRt. M A K MUKHEED Counsel for the Respondent Nos.1 to 4: Gp FOR REVENUE Counsel for the Respondent Nos.S to 9: _..- Counsel for the Respondent No.10: SRI MOHD ISMA|L KHAN Counsel for the Respondent No.11: SRI p NAGENDRA REDDy The Court made the following: ORDER I I I I I I I I I I I I I I t ; i I I I I I I I I i : I ; i : I I i l ORDER: HON,BLE SRI JUSTTCE C.V. BHASKAR REDDY TIIRIT PETITION No. L235 of2o23 The present writ Petltlon IS frled under..Attrcle 226 of the Constitution of India seeking for following relief: -"^i"." "...issue Writ Order or Direction or any other appropriate Order one in of a WRIT OF MANDAMUS declaring the action of the ,fr" offrcialRespondentsnotconsideringtheapplicationsdated |i'toitzozz' made by the Petitionei through online vide (1) ^ "|,i i.,'". eci zriooo i roi r.. Sv.No 189/,q2 to an extent of AC'3-00gts' i;i";";i.'r'];R;iioooozror ror SvNc.18e/A112 to ar\ extent orAc2 \i;rl';.ii";;;ino.nczzoooooztie for sv.No 18el 1 to an extent of A.:i io-*,'lii Appt No.RC220oo07097 for sv N"o 189/2 to an extent ;i i..i:a6d"; (ii ApplNoRc22ooooToee fcrr SvNo'18e/3 to an .*,."i oi n".t-oosogt", (61 Appl No RC220o0071o2 for SV.l{..fssleila to an extent of Aci 10gts (7i Appt No RC220OO06788 for Sv No-189/A ll: ll to an extent of 'Lc 2-2t5ogts and not making R".o,d ancl not issuing rhe Pattadar passbook ;;.;l;;"i;;;;;;,rl -irrra i., sv.lvo. r89. admeasuring Ac ig-08 sts' situated at ;;;;'il; lr4andal of Sangareddv District as illegal' ;;;;; ffi;;"ty;; uioLrio., of principles of natyrlrl justice and against the .nrritv and consequentlY d,reci the official Respondents to correct the i"t"" Pattadar Passbook in favour of Petitioner ;l;";";';.;;i;-u'.,a for the tand stated supra and pass ' viltag. ".,a
2. Considered the submissions of the learned counsel for the respective parties and perused the record' It is stated that the petitioner is the adopted son of late 3. Vittobaji @ Vettal Rao, who was the original owner and possessor of the agricultural land admeasuring Ac' 19'O8 gts'' in Sy'No' 189' situated at zaheefabad Village and Mandal, Sangareddy District' It is further stated that after the death of his father, the petitioner 2 succeeded to the subject property and when disputes arose with regard to the subject property, he has filed an application before the Tahsildar as well as RDO, however, the respondent authorities have incorporated the names of the unofficial respondents in the revenue records in respect of the subject property. As such, the petitioner has filed a revision petition under Section 9 of the Telangana Rights in Land and pattadar passbooks Act, 1971 (for short, 'the Act, l97 r') on the rrle of the Joint colrector. It is further stated that pending adjudication of the said revision, the Act, 1971 has been repealed and replaced with the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O (fcr short .the Act, 2O2O), wherein under Section 16 of the Act, all the pending cases have been referred to the Special Tribunai ald accordingly, the appeal was also referred to the Special Tribunal. Initially, the Special Tribunal has ciecided the case in iavour of the petitioner and subsequently, as per the directions issued by this Court in W.No.No.10230 of 2O2i, the said case \,vas reopened and disposed of granting liberty to the parties to approach competent Civil Court. Thereafter, the Special Tribunal adjudicated the revision in Case No.F3/ 1027 l2OtT on OLOZ.2O2I granting liberty to the respondents to approach competent civil court. It is further stated that the petitioner has made online applications dated 13.O2.2022 I I I I I I I I I I i , , 3 for issuance of pattadar pabsbooks in respect of the subject property and the same are not considered till date' Learned counsel appearing for respondent No'1O has stated 4. that the petitioner has filed a writ petition uide W'P'No 17112 of 2023 on the frle of this Court seeking to declare the action of the Special Tribunal in issuing order dated Ol'O7 '2021 uide Old Case No.F3llO27 12O17 without issuing any notice arrd without giving order dated O8.O2.2O2I for the regarding earlier and this Court, vide order dated 10.O3'2025 has subject land dismissed the said writ petition granting liberty to the petitioner to approach the competent Civil Court' Thereafter' the present writ petition has been hled seeking implementation of the mutation in any frndings therevenuerecordsrelyingupontheoldCaseNo.F3/|o2712017, dated O8.O2.2O21. In view of the above, as it is stated that the revision has been 5. decided hnally granting liberty to the parties to get their rights established in a competent civil court of law and against the said decision, a writ petition uide W'P'No' 17ll2 of 2023 cal:;e to be hled on the frle of this Court and the said writ petition also disposed of granting liberty to the petitioner to avail appropriate remedy before the comPetent Civil Court, nothing remains in the writ Petition to 4 adjudicate further and the relief sought for in this writ petition has become infructuous 6 Accordingly, the Writ petition is dismissed as infructuous As a sequel, miscellaneous applications pbnding if any, shall stand closed. No costs //TRUE COPY// SD/- K.BHAVANI SWAMY ASSISTANT REGISTRAR secrtffirrrcen One CC to SRl. IVI A K MKHEED Advocate [OPUC] One CC to SRI IVIOHD ISI\4A|L KHAN Advocate [OPUC] One CC to SRI P NAGENDRA REDDY Advocate [OPUC] Two CCs to GP FOR REVENUE ,High Court for the State of Telangana Two CD Copies I To, 1 2 J 4 5 KKS TKS HIGH COURT DATED:1 51041202s ORDER WP.No.1235 of 2023 ( ol( txE S14 14: a t) a- 13 ru6 20fr t 4s TT DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS 2n I I i I I I I ': i i I i I I t I i I ! , l I i I i t I i l