The High Court · 2025

Petition 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 any Writ, order or direction more particularly one in the nature of Writ of lr/andamus declaring the action of Respondents in issuing new pattadar passbooks cum title deeds in favour of the respondentS No.6 to 8 in respect of land in Sy.No.20/ admeasunng Ac.10-00 gts., situated at Mirzapur village, Pudur Mandal, Vikarabad District which is ceiling land as illegal and arbitrary, in vrolation of natural justice and consequently direct the Respondents to delete the names of the respondents No.6 to B by incorporating the names of the petitioners in the revenue records in respect of land in Sy.No.201 admeasuring Ac.1 1-13 gts., situated at l/irzapur village, Pudur Mandal, Vikarabad District in the interest of justice. l.A.NO:1 OF 2023 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 official Respondents to restrain the unofficial respondents from their illegal interference and forcible dispossession of the petitioners from their lands in Sy.No.20l admeasuring Ac.1 '1-13 gts., situated at ltrlirzapur village, Pudur Mandal, Vikarabad District in the interest of justice. Counsel for the Petitioners : SRI PRAVEEN BONKURI Counsel for the Respondent Nos.1 to 4 : GP FOR ASSIGNMENT (REVENUE) Counsel for the Respondent No.S : GP FOR HOME Counsel for the Respondent Nos.6 to 8 : SRI N.NAVEEN Counsel for the Respondent Nos.9 to 'l l : SRI M.RAJENDER REDDY The Court made the following ORDER TT'IE HONOUR.\BLE SIU JUSTTCI' tr.V. VENUGOPAL \\'RlT PETI'l'lON No.1703 of 2023 ORDER: This writ petition is filed seeking following relief': "...to issue any Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in issuins ncw pattadar passbooks cum title deeds in favour of the respondents Nos.6 to 8 in respect of land in Sy.No.20l admeasuring Ac.10.00 $s., situated at Mirzapur village, Pudur Mandal. Vikarabad District which is ceiling land as illegal and arbitrary in violation of natural justice and consequently direct the Respondents to delete the names of the respondents No.6 to 8 by incorporating the names ol the petitioners in the revcnue records in respect of land in Sy.No.20l admeasuring Ac.l l.l3 gts., situated at Mirzapur village, Pudur Mandal, Vikarabad District in the interest of justice ..." 2- Leamed counsel for the petitioner would submit that land in question has been acquired in year 1975 which is situated in Survey No.20 along with other survey numbers to a tota[ extent of Ac. I 1 . I 3 guntas of Mirzapur village, Pudur Mandal, Vikarabad District from one Smt. Ramulamma under the A.P.Land Reforms (Ceiling on Agricultural Holdings) Ac! 1973 vide File No.V/2i69l1975 and thc Government has paid a sum of Rs.3,251l- to one Ramulanrma and Narsimha Reddy. I{e further contended that in the year 1978 land in question has been distributed to landless poor persons belonging to SC community namely Ramulu, to an extent of Ac.2.33 guntas, Jangaiah to an extent of Ac.3.00 guntas, Kistaiah to an exterlt of Ac.3.00 guntas and Pochaiah to an extent of Ac.2.20 guntas and the said land has been purchased by the petitioners herein by name Vadde Chinnaiah, Vadde Hanurnaiah, Vadde Ramaiah and Vadde Ananthaiah liorn original assignees by paying valuable sale consideration. Pattadar pass books have been issued infavour of the petitioners herein. He further submitted that the said Vadde Chinnaiah and others were the protected tenants for the said lands and their names have been reflected in the revenue records and Pahanies from the year 1955-58. Aggrieved by the action of respondent Nos.6 to 8 in trying to interfere with the petitioner's possession claiming that the subject property belonged to them. the petitioners filed the present writ petition. [{e would further submit that originally the land has been granted in favour of petitioners herein in the year 1978 by way of Provisional Certificate of Assignment of Land vide proceedings No.R.Dis.V/2369175 dated Nil.l2. 1978 or1 payment of valuable consideration to the Govemment. Hence he would submit that claiming the land which is alreadl, been declared as ceiling land after having received the valuable consideration from original assignees does not hold any legal validity and hence, would seek to direct the respondents not to interfere with the peaceful possession of the properly in the question.

3. He lurther contcnded that upon application made by the vendor of the unofficial respondents who is not made party before this Court, respondent No.3 has issued Occupancy Right Certificate vide proceedings No.Di l94ll05 in Iionn III and basing on the same, the unofficial respondents are claiming the .property as they have purchased the said property by registered document vide No.523 of 2007 dated, 24.01.2007 by paying valuable consideration and accordingly names of the unofficial respondents have been mutated in the revenue records vide proceedings No.C/B/261l07 dated 31.03.2007 and accordingly, pattadar pass books have been issued in their favour and thus, legally entitled owners and possessors lrom 2007 onwards. Hence would seek to dismiss this writ petition. I 1- Learned Assistant Government Pleader would submit that according to the faisal Patti pertaining to the year 1975-76 relied upon by the petitioners would demonstrate survey No.21 but not Survcy No.20 as claimed by the pctitioners. He would lurther subrnit that unofficial respondents are not interfering with the said property and if any action is to be taken, off,rcial respondents rvill tbllow the procedure established by law

5. Having heard leamed counsel for the petitioners, leamed counsel lor unofficial respondents, learned Assistant Government I'leader for Revenue and upon perusal of the material on record, it reveals that this Court vide order dated 02.09.2025 directed the official respondents to produce the entire original record pertaining to the subject land and the record has been produced befbre this Court by the official respondent viz., Deputy -l'ahsildar. ln the revenue record it is noticed that Survey Nos. 18, l9 and 20 have been marked as SARFAESI lands by proceedings No.T/376/75 and upon perusal of the provisional assignment certificate, it appears that the said land has been allotted in favour ol'the petitioners vide proceedings No.Y12369115, dated Nil.l2.l978 and on perusal of the ORC proceedings No.D/1941/05 dated NiI.12.2005 issued by RDO Vikarabad division, it appears that the land has been granted in favour of unofficial respondents herein. l{aving seen all these aspects, a question arises whether the petitionels/clairnants are entitled to purchase the said land which is an assigned land. Consequently, the record produced by the of'ficial respondents clearly reveals I I that land in question has been declared as SARFAESI land vide Proceedings No.Tl376l75 which is a disputed question of fact and the proceedings issued in respect of land in question are to be examined meticulously and in detait by the appropriate authorities.

6. Accordingly, this Court deems it appropriate to remand this matter to the revisional authority to foliow the procedure as contemplated under Section l5(2) of the Telangana Bhu Bharati (Record of Rights in Land) Act,2025. who in tum should cause notice to all the concerned parties by granting sufficient hearing and pass orders strictly in accordance with law as expeditiously as possible within a period of three(3) months from the date of receipt of a copy of this order. Till such time the parties to this I i To writ petition are directed to maintain Status-Quo obtaining as on

1. With the above directions, this writ petition is disposed of. No costs. As a sequel, rniscellaneous applications ifany, stands closed. //TRUE COPY// SD/.C. DEEPIKA ASSISTANT REGISTRAR \L-=--- , \\="-,o* oFFrcER -1'

1. The Principal Secretary, State of Telangana, Revenu . The District Collector, Vikarabad District, T.S Secretariat Buildings, Hyderabad. epartment, The Revenue Divisional Officer, Vrkarabad Division, Vikarabad District, T.S. The l\,4andal Revenue Officer, Pudur, Vikarabad District, T.S. The Station House Officer, PS Chengomul, Vikarabad District, Two CCs to GP FOR ASSIGNI\4ENT (REVENUE), High Court for the State of Telangana at Hyderabad. [OUT]

7. Two CCs to GP FOR HOME, High Court for the State of Telangana at 2 J 4 5 6 Hyderabad. [OUT]

8. One CC to SRI PRAVEEN BONKURI, Advocate [OPUC] 9. One CC to SRI TV.RAJENDER REDDY, Advocate (OPUC) 10.One CC to SRI N.NAVEEN, Advocate (OPUC) 'l 1. Two CD Copies SA GJP \d/ I I I I I I I I I HIGH COURT DATED:1 311012025 ORDER WP.No.1703 of 2023 DISPOSING OF THE W.P IHE SI4 ( (( ,, [ 2 [[B 2rl2fi o :.) L 1.,/ * : Dr '-'i WITHOUT COSTS. n\ U K