Pothedar Mahipal v. The State of Telangana

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 appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents more particularly that of respondent No.3 in seeking to deduct an extent of Ac.1-05 guntas out of subject land on the basis of an application stated to have been made by respondent No.4 without considering petitioner application submitted along with my documents on 29-01-2025 is challenged in this Writ Petition as being arbitrary, illegal and violative of Articles 1a, 19(1Xg), 21 and 300-4 of Constitution of lndia and consequently direct the respondent No.3 not deducUalter any extent of land much less Ac.1-05 gutas out of my holding of Ac.3-28 guntas in Sy.l',1o.985/A situated at Pappannapet Vilage and Mandal, Medak District without considering my explanation/submitted along with ciocuments on 29-O1-2025. lA NO: 'l OF 2025 Petition under Section 15'l 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 notice issued on 17-O1-2025 in file No.Ci63l2025 . Counsel for the Petitioner: SRI VIJAy B pAROpAKARt Counsel forthe Respondent Nos.1 to 3: Gp FOR REVENUE Counsel for the Respondent No.4:-- The Court made the following: ORDER /' / HON,BLE SRI JUSTICE C.V. BHASKAR REDDY - WRIT PETITION No.289O of 2O25 _ ORDER: It is stated that the name of one Shankar Rao, who is the predecessor-in-interest of the vendor of the petitioner, was recorded as pattadar in Chesla Pahani in respect of the land admeasuring Acs. 1O.06 guntas in Sy.No.985 situated at Papannapet Village and Mandal, Medak District and after his death, the said land was divided among his three sons. It is further stated that the petitioner had purchascd an extent of Acs.3.28 guntas in Sy.No.985 from one Tulasiram, n,ho is the son of the original pattadar, through sada bainama and thereafter the said sada bainama was validated and 13-B certificate was issued by respondent No.3 uide proceedings in File No.A133221L994, dated 17.O1.1995. It is further stated that the name of the petitioner was mutated in the revenue records and the revenue autlrorities also issued pattadar passbook No.TO812018O3l7 uide Khata No.6O3 in his favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short 'the Act 9 of 2O2O"l and he has also been receiving various incentives as investment subsidies sectioned by the Government under various schemes. The grievance of the petitioner is that acting on the complaint, dated 21.11.2024 submitted by respondent No.4 ., CVBR. J wp 2890 2025 against the mutation of the subject land in favour of the petitioner, the impugned r,otice uide Lr.No.C/63/2O25, dated 17.O1.2025 has been issued to the petitioner directing the petitioner to surrender the pattadar passbook and other certificates pertaining to the tand admeasuring Acs.3.28 guntas in Sy.No.985/eo.

2. Considered the submissions of the learned counsel for the pctitioner and Sri L.Ravinder, learned Assistant Government Plcader for Revenue appearing for respondent Nos.1 lo 3 and rvith thcir consent, this writ petition is being disposed of at the admission stage. In view of the nature of relief sought for in this u,rit pctition, issuance of notice to the unoffrcial respondent is dispcnscd wirh.

3. Sri Vijay B.Paropakari, learned counsel for the petitioner has vehemcntly contended that the respondent authorities, at this lcngth of time, are not having any power or authority for correction of the cntries in the revenue records.

4. karned Assistant Government pleader for Revenue appearing for respondent Nos. I to 3 has submitted that rcspondent No.4 has lodged a complaint stating that his father had purch:rsed the land to an extent of Ac. 1.O5 guntas in l 3 CVBR, J Wp 2890_2025 Sy.No.985/6a 12 from R.Hammaiah through registered sale deed bearing document No.863 of 2O2O and in Dharani Portal the vendor name was missing. Leamed Assistant Government Pleader for Revenue had further submitted that acting on the said complaint, the impugned notice was issued for the purpose of enquiry only and since the impugned order is only a notice the petitioner is entitled to submit an explanation, duly enclosing all the documents.

5. In view of the above submissions, this Court, without expressing any opinion on the merits ol the matter and since the petitioner has already submitted the representation/explanation, dated 29.01.2025, deems it appropriate to dispose o[ this 'a,rit petition directing respondent No.3 to examine the said representation/explanation, dated 29.O1.2025 and after considering the documents enclosed to the said explanation in respect of the land claimed by the petitioner and after hearing the petitioner as well as the persons interested / effected including respondent No.4, pass appropriate reasoned order and communicate the same to the petitioner within a period of eight (O8) weeks from the date of receipt of a copy of this order. TiIl such I I 4 CVBR, J Wp _2890_2025 time, the respondent authorities are directed not to take any coercive action over the subject land, in any manner.

6. With thc above observations, this Writ Petition is disposed of Thcre shall bc no order as to costs.

7. As a sequel thereto, miscellaneous peLitions, if any, pending shall stand closed. i //TRUE COPY// SD/. L. LAKSHMI BABU ASSISTANT REGISTRAR ,/ ,l l:\\. t\ \\- - i\. secloru oFFtcER To, 1 2 3 4 5 b TJ GJP U The Principal Secretary, Revenue Department, Secretariat' The State of Telanqana, HYderabad. +#'Dl;i;i c,irieCmr, rvreoak District, At Medak Town and District The Tahsildar, eappannapei'ManJii, nt Papannapet 1r/andal' Medak District' O"""'Cttd-Sii viiiy e earoparari, Advocate [OP1JC] i;; CCr t" Hyderabad [OUT] Two CD CoPies ioi Revenub, Higil Court for the State of Telangana' at -Gp /)t Yl+ HIGH COURT DATED:0310212025 ORDER WP.No.2890 of 2025 +. :) 2 ; tii 2025 ,-\\ \. :\.,.::] _h '/ i'tl "./ DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?r 1 't