High Court · 2025

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue appropriate writ or order or direction more particularly one in the nature of writ of MANDAMUS declaring the orders passed by District collector, Mahabubnagar in Rev/01/RoRl/o1o112023, Dated 1zt0\t2o23 in the report issued by the Tahsildar, Boothpur vide No.8/05/2O22, dt.19l\St2023 as illegal, arbitrary, discriminatory and against to the principles of the Natural Justice and consequently set aside the same by issuing the digitalized pattadar passbook cum title deed to the petitioner in respect of the land bearing Sy. Nos.357iE, 368/EE, 369/EE, 3701E, 381tE, 372tE, 373tU, 374tUtJ,375tEE, 376tEE, 377tE, 378tEE, 380/E, 381/E, 334/E, 335/EE, 336/EE, 337tEE,338/RU, 339/EE, to an extent of Ac.8-13 Gts. Situated at Kervena Village, Boothpur Mandal, Mahabubnagar District, Telangana state, in the interest of justice. lA NO: 1 OF 2024 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 suspend the orders passed by District Collector, Mahabubnagar in Rev/O'l/ROR/0OO112023, Dated 17108/2023 in the re-port issued by the Tahsitdar, Boothpir vide No.8/05/2O22, dt.1gt}5l2023 in the interest of justice. Counsel for the Petitioner: SRI DR. KADIRI KRISHNAIAH Counsel forthe Respondent Nos.1 TO 4: SRI L.RAVINDER, AGp FOR Counsel for the Respondent No.S: - The Court made the following: ORDER REVENUE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY UIRIT PETITION No.2O29 of 2 o24 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: ". . ..to issue appropiate uit or order or direction more particularly one in the nafiire of uit of MANDAMUS declaing the ord.ers possed bg District Collector, Mahabubnagar in Reu/ 01/ ROR/ O0O1/ 2023, dated 17/O8/2O23 in the report issued by the Tahsildar, Boothpur uide No.B/05/2022 dated 19/ 05/ 2023 as illegal, arbitrary, disciminatory and against to the principles of the Natural Justice and consequentlA set aside the same by issuing the digitalized Pattodo.r pa.ssbook-cum-title deed to the petitioner in respect of the lands beaing Ss Nos.357/E, 368/EE, s69/ED, s7o/8, s81/8, 372/8, 373/U, s74/UU, 37s/EE, 376/EE, s77/8, s78/EE, 38O/8, s81/8, 334/ D, 335/ ED, 336/ EE, 337/ EE, 338/ RU, 339/ EE to an extent of Ac.8.13 Gts Situated at Kerueno Villoge, Boothpur Mand.al, Malutbubnagor Di-stict, TelarLgo.na state in the interest of justice.. . . "

2. Considered the submissions of the learned counsel for the petitioner; Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos. I to 4; learned counsel for respondent No.S aIId perused the record.

3. The petitioner claims to be the absolute owner and possessor of agriculture lands admeasuring Acs.8-13 guntas in Sy.Nos.357/E, 368 / EE, 369 I EE, 37 o / E, 38 I / E, 372 I E, 373 / u, 37 4 I UU, 37 5 I EE, 376/E,E, s77 /D, 378/EE, 380/E, 381/E, 334 /8, 33s/EE, 336/EE, 2 337 lEE, 338/RU and 339/EE situated at Kervena Village, Boothpur Mandal, Mahabubnagar District, having acquired the same from his ancestors, and the revenue authorities have mutated his name in the revenue records and alsc, issued pattidar passbooks r.ride passbook No.228036 and palta No.916 in his favour. The cilse of the petitioner is that whr:n the respondent authorities have not issued digitalized e-pattadar passbooks in his favour, he submitted an online application bearing No.2100068786 with a re<1uest to issue e-pattadar passbooks, and. despite receiving the said application, when the respondent autl:lorities .have not considered the said application, he filed W.P.No.-.,196 of 2023 before this Court and the same was disposed of uide order dated

23.02.2023 directing respondent No.2 therein to dispose of the application submitted by the petitioner within a period of eight weeks from thc date of receipt of a copy of the order. It is further case of the petitioner that in pursuance of the orcters of this Court, respondent. No.2-the District Collector, passed order dated 18.Oa.2023 in File No.Rev/D1/ROR/ 10001/2023 rejecting his claim for issua.nce of e-pattadar passbooks statlng that as per the enquiry report No.B/05/2022 dated 19.O5.2Ct2,,3 of respondent No.4-the Tahsildar, during the life time, Sri Miryala Yellaiah (father of the petitioner) sold the subject property in .avour of one Sri Miryaia Vishwanatham (impleaded respondert No.5) through 3 private' sale deed (sada bainama) dated 2g.l2.1g7g, and the claim of the petitioner that he is in possession and enjoyment of the subject property since long time is incorrect. The grievance of the petitioner is that during the lifetime, his father has not sold the subject property to any third parties including respondent No.S as alleged in the order dated 19.05.2023 of respondent No.2, therefore, prays this Court to set aside order passed by respondent No.2.

4. Learned counsel for the petitioner submitted that except stating that sada bainama dated 2g.12.1979 has been executed ih favour of respondent No.5, no orders were passed by the respondent authorities validating the said sada bainama under section 5-A of the Act, 1971 to enable the petitioner to hle an appeal under Section 5-B ofthe Act, 1977.

5. Learned counsel for respondent No.5 vehemently contended that respondent No.S is in possession of the subject property by way of private sale -deed (sada bainama) and the father of the petitioner instituted a suit in o.S.No.40 0f lggo for partition of tr-re subject property before the Senior Civil Judge, Mahabubnagar, and the same was dismissed on 09.OZ.l99g, and thereafter, respondent No.5 is in continuous possession of the subject property. 4

6. Pima facie, verification of the records would reveal that the pattadar passbooks ulde passbook No.228036 and patta No.916 are issued in favour of the petitioner. As per Section 6 of the Telangana Rights in Land and Pattadar Pass Books Act, 1917'1 (for short Act, l97l) every entry in the record of rights shall be presumed to be true until the contrary is proved or until it is othcrwise amended in accordance with the provisions of Act, 1971. lrL addition to the above, respondent No.S having claimed the possessory rights over the subject property, has not taken any steps l-o regularize the possession either by approaching the competent Civil Court or by availing the remedies in terrns of Section 5-A of the Act, 1971. In the absence of valid transfer, or sada bainama rsaid to have been executed is regularized conferring certain rights or instituting suit for eviction of the petitioner father or questioning, the entries made in favour of the petitioner in the revenue records and issuance of pattadar passbooks, respondent No.2 rejecting the claim of the petitioner fdr- issuance of e-pattadar passbooks is n,rt in consonance with the provisions of the Act, I97 I or under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 2020 (for short Act, 2O2O\ and the order dated 17.Oa.2O23 in Rev/01/ROR/0001/2003 passed by respondent Nc,.2 is liable to be set aside. 5

7. In view of the above, this Writ Petition is allowed by setting asidetheorderinFileNo.Rev/01/RoR/0001i2003passedby respondent No.2. The Respondent No 2 is directed to issue e- pattadar passbooks in favour of the petitioner in respect of the subject property. Since it is the claim of respondent No'5 that he is in possession of the subject property from long time' it is left open for him to approach the competent Civil Court and seek appropriate relief, in accordance with law, within a period of three (3) months from today. Till such time, the parties are directed to maintain status quo over the subject property existing as on today' 'lt is needless to observe that in the event of such a suit is filed' the trial Courtshalldisposeofthesamewithoutbeinginfluencedbyany observations made bY this Court' As a sequel, the miscellaneous petitions pending' if any' shall stand closed. No order as to costs //TRUE COPY// SD/. P.CH.NAGABHUSHAMBA UTY REGIS ECTION OFFICER To 't.

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7. PSK. The Principal Secretary, Revenue Department, TS Secretariat Buildings' Hvderabad. State of Telangana. i#-Dtffit dllLlior, tuaniuuunagar District, Mahabubnagar' . iii; H;ffi;iiiriiionii-om."t, Mihabubnasar Revenue Division' /lahabubnaoar District. iiie i;i;iE5; ehootnpur Mandal, MahabubnagarDistrict' o"-. btiJ sit on. xnotnt KRISHNAIAH Advocate [oPUC.]- i;; ddr'i"-c'i ron nEvErluE, High court for the State of relangana' at Hyderabad. [OUTI Two CD Copies HIGH COURT DATED:1710412025 ORDER WP.No.2029 of 2024 ALLOWING THE WRIT PETITION WITHOUT COSTS CC TODAY Iittr; s) r.i l.r i 2 5 API 2tr5 a( 1 : ii. {', \ \t) t-