✦ High Court of India · 22 Jan 2025

High Court · 2025

Case Details High Court of India · 22 Jan 2025
Court
High Court of India
Decided
22 Jan 2025
Bench
Not available
Length
1,176 words

Petition under Article 226 ot lhe 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, declaring the action of'the 2nd respondent in trying to cancel the pattadar passbooks of the petitioner in respect of the land in sy no.253lEl1 to an extent of Ac 1.O2 guntas situated a Kongara kalan village, lbrahimpatnam mandal, Ranga Reddy District, Telangana State without considering the explanation dated 9-01-2025 submifted by the petitioner in reply to the notice issued by the 2nd respondent and without passing any appropriate orders in accordance with law is illegal, arbilrary, unconstitutional, contrary to law and consequently direct the 2nd respondent not to cancel the pattadar passbooks issued in favour of the petitioner in respect of the land in sy no.253/E/1 to an extent of Ac 1.02 gu(tas situated a Kongara kalan village, lbrahimpatnam mandal, Ranga Reddy District, Telangana State !A 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 2nd respondent not to cancel the pattadar passbooks issued in favour of the : petitioner in respect of the land in sy no.253lE/1 t( :'lY_"t"d a Kongara katan viilage, roirtirprir# to an extent of Ac'1.02 ountas Telansana State and *it'"ri i"ir"*,""";1,'y:::::ATdal, Ransa Reddy Dr:strict, ,,,.,,out following due process or raw pending disposal of the Writ p;tition Counsel for the petitioner: SRl. R A CHARY Counsel for the Respondent Nos.1&2: cp FOR REVENUE Counsel for the Respondent NO.3:__ The Court made the following: ORDER l THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PE-TITION No.l 723 of 20.25 ORDER: This writ petition is f,rled with the following relief:- "...to 6sue a Writ, order or direction more porticl_tlaig one in the nature of WRIT OF MANDAMUS, declartng the action of the 2"d respondent in trying lo cancel the pattadat passbooks of the petitioner irl respect of tte land" ia sg.no.253/E/ 1 to an ertent of Ac.1.O2 Wnta-s situated at Korlgdra k,.lan utllage, Ibrahimpatrlam manddL Ronga Redd.g District, Telangana State uthout consideiag the explanation dated 9-01-2O25 submitted bA the petitioner tn replg to the notice issued by the 2 respondent and uritttout passing anA appropiate orders in accrrdance with law is illegal, arbitrarg, unconstitutional, contrary to law and ansequentlA direct the 2"d rcspondeit not to cancel the pattadar pd-sst'ooks rssued in fauour of the petitioner tn respecl of the krnd in sg.no.253/ E/ 1 to qn extent oJ Ac.1.O2 guntas situated at Kongqra kalan v{llage, Ibrahtmpatnam mandaL Ronga ReddA Distri.t Telangdnq State and. to pass such other ord.er or orders as this Hon'ble Coud mag deem Jit and. proper in the ciranstances of th.e cose"

2. Considered the submissions of the learned counsel for the parties and with their consent this writ petition is disposed of at the admission stage and in view of the relief sought in this writ petition, issuance of notice to the un-official respondent is dispensed with.

3. It is stated that the petitioner's husband was the owner and possessor of the agricultural land to an extent of Ac.O1-20 guntas in survey No.253/E/ 1 situated at Kongara Kalan Village, Ibrahimpatnam Mandal, Telangana State, having purchased the same under a registered sale deed bearing document No.5l4 of 2OO9 dated 16.01.2OO9 from respondent No.3 and the authorities concerned have a.lso issued the pattadar passbooks in his favour to \\ \ 2 CVBR, J w_1723_2025 t an extent of Ac.01-20 guntas in survey No.253/E/1. It is further stated that after the death of petitioner's husband, the petitioner's narne was mutated in the revenue records and issued pattadar passbooks in rcspect of the said property on 29.06.2021 . It is further stated that, acting on the application submitted by respondent No.3, for missing survey number/ sub-division, respondent No.2 issued notice to the petitioner to submit explanation as to why an extent of Ac.Ol-O2 guntas in survey No.253 /E l 1 shall not be deleted from the land owned by the petitioner. It is further stated that the petitioner has submitted explanation in response to the said notice, enclosing a_[l necessar5z documents to cstablish that she is the rightful owner and possessor of the land recorded in the pattadar passbooks and requested that no corrections can be made based on the application submitted by respondent No.3.

4. It is to bc scen that in the absence of any order from respondent No.2 regarding the correction or deletion of the entries made in favour of the petitioner, the said action of the respondent authorities does not amount to violation of the provisions of the ROR Act and thr: guidelines issued by the Hon'ble Full Bench of CVBR, J w_1723 2025 this Court in the case of Chinnam Pandurangam as. Mandal Reaenue Offtcer, Seritingamtrtcllg Mandal and otherst.

5. In view of the above, this Court, without expressing any opinion regarding the petitioner's entitlement to the extent of the land purchased under the registered sale deed or the entries made in the revenue records, since an enquiry has been initiated based on the representation/application sul,mitted by respondent No.3, ald a notice has been issued to the petitioner, ends of justicc rvoDld be met if respondent No.2 is directed to consider all the documents submitted by the petitioner and provide her an opportunity of hearing, before passing any order or taking any decision on the application submitted by rcspondent No.3 and communicate the said order/decis;on to the petitioner.

6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs As a sequel, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. ) hlP- zDog ft?ls //TRUE COPY// SD/. A. SREENIVASA REDDY NT REGISTRAR ASS CTION OFFICER 1 The Principal Secretary, Revenue Department, Secretariat, Hyderabad, Telangana State. The Tahsildar, lbrahimpatnam Mandal, Ranga Reddy, Telangana State. One CC to SRl. R A CHARY Advocate [OPUC] Two CCs to GP FOR REVENUE ,High Court for the State of Telangana Two CD Copies To, 2 3 4 5 KKS m B HIGH COURT DATED:2210112025 ORDER WP.No.I723 of 2025 1 $e ST4r €' c5 o o t 2 4 rrB 2025 t 9Es,' t c-O ( o a DISPOSING OF THE WRIT PETITION WITHOUT COSTS @lryioW

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