✦ High Court of India · 03 Feb 2025

D DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE v. BHASKAR REDDY WRIT PETITION NO

Case Details High Court of India · 03 Feb 2025
Court
High Court of India
Decided
03 Feb 2025
Bench
Not available
Length
1,027 words

2. Til) District Collector, Collector Office, Hanamkonda District, Telangana. 3. The Revenue Dlvisional Officer, Hanamkonda Division and District, 4. The Tahsildar, Elkathurthy Mandal, Hanamkonda District, ,u'rLn*???o"or"r, 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 an order, direction or Writ more particularly one in the nature of Writ of lMandamus or any other appropriate writ (i)To declare the Respondents failure to issue Pattadar Passbooks to the Petitioners i.e., the lawful owners of Ac.3.00cents in Sy.No.49512 and 49513' Baopet Village, Elkathurthy Mandal, Hanamkonda District, Telangana State, as illegal, and consequently direct the Respondents to issue Pattadar Passbooks under the Telangana Rights in Land and Pattadar Passbooks Act,2020, and the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 (ii)Further, to declare the action of Respondents in classifying the land of the Petitioners i.e., Ac.3.00cents in Sy. No. 49512 and 495/3, Baopet Village' Elkathurthy Mandal, Hanamkonda District, as Assigned Land without prior notice and in disregard of Lr.No.F2l07106- | daled 17.06.2008, issued by 2nd Respondent affirming the same as Patta Land-as illegal, and direct them to rectify the erroneous land records and (iii)furlher to declare the failure of Respondents to consider the representation and application of Petitioners for Dharani entry correction (dated 04.'1'0.2024) as illegal, arbitrary, unjust and in violation of the Telangana Bhu Bharati (Record of Rights in Land) Acl, 2025, and consequently direct the Respondents to carry-out the necessary corrections to the records of the subject lA 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 pleased to DIRECT the Respondents to consider and pass orders on representation daled 2.2.02.2024 submitted by the Petitioners in respect of property admeasuring ,Ac.3.O0cents Sy.No.495/2 and Sy. No. 495/3 located in Baopet Village, Elkathurthy Mandal, Hanamkonda District, Telangana State for issuance of new Pattadar passbook Counsel for the Petitioner: SRI SAI PRASEN GUNDAVARAM Counsel for Respondents: AGP FOR REVENUE The Court made the following: ORDER t HON'BLE SRJ JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.2 859 of2025 ORDER: It is stated that the petitioners are the owners and possessors of the agricultural land admeasuring Acs.3'OO guntas in Sy.NoS.495l2 and a9513 of Baopet Village, Eikathurthy Mandal, Hanamkonda District, having purchased the same through registered sale deed. It is further stated that their names were mutated in the revenue records and the revenue authorities also issued pattadar passbook Nos.496947 (Patta No'1655) and 463545 (patta No. 1618), respectively, under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 and the Rules made thereunder. It is further stated that in Dharani Portal as the nature of the land was classified as Assigned Land, the petitioners were constrained to make an application No.24O0106870, dated O4.1O.2O24 seeking lor data correction in Dharani Portal, but the said application was rejected by the respondent authorities without assigning any reasons'

2. Considered the submissions of the learned counsel for the respective parties and with their consent, this writ petition is being disposed of at the admission stage. 2 *r_rr!J3l;i 3. Learned counsel for the petitioners has vehemently contended thar the petitioners have purchased the subject property through registered sale deeds and their names were recorded in Dharani portal and pattadar passbooks were issued in their favour the respondent authorities, without examining the said .and documents ancl without assigning any reasons, have rejected the application submitted by them seeking for data correction. 4. This Cotrrt has carefully examined the impugned order rejecting the application submitted by the petitioners uide application Nos.24OOlO6g70, dated 04.1O.2O24 seeking for data correction in Dharani portal and to make necessary corrections for re-classify.ing thc land as patta land. Except saying that the application su bmir tecl by the petitioners was rejected by the R.D.O., no valid reason whatsoever has been assigned to enable the petitioners to take appropriate action. Since the impugned rejection order is not in consonance with.the principles of natural Justice, the same is liable to be set aside. Accordingly, the tmpugned order is set asicle and the respondent authorities are directed to re-e.xamine and consider the petitioners, application utde No.240010687O, dated O;4.rc.2024, duly taking into consideration of the documents enclosed by them in support of their claim and if they are otherwise not eligible for deletion or '' t/ ./ I \7 \ To, 1 2 ,)

4. 5. b. MBC -t CVBR, J wp_2859 2025 carrying out necessary corrections in Dharani Portal for re- classifying the land as patta land, pass a reasoned order in accordance with law and communicate the same to the petitioners, within a period of eight (08) weeks from the date of receipt of a copy of this order.

5. With the above observations, this Writ Petition is disposed of There shall be no order as to costs.

6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/- V.HARI PRASAD ASSISTANT REGISTRAR 1 SECTI bN OFFICER The District Collector, Collector Office, Hanamkonda District, Telangana' The Revenue Divisional Officer, Hanamkonda Division and District, Telanoana. The T;hsildar, Elkathurthy Mandal, Hanamkonda District, Telangana One CC to Sri Sai Prasen Gundavaram Advocate [OPUC] i*o CCtio GP For Revenue, High Court for the Slate of Telangana [OUT] Two CD Copies a / I HIGH COURT DATED: A310212025 1HE Sr4 14^ ( q 14 FEB zffi \ \ SPATCH eO ORDER WP.No.2859 of 2025 DISPOSING OF WRIT PETITION WITHOUT COSTS ){

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