✦ High Court of India · 05 Feb 2025

The High Court · 2025

Case Details High Court of India · 05 Feb 2025
Court
High Court of India
Decided
05 Feb 2025
Bench
Not available
Length
1,283 words

Petition under Article 226 oI 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 or direction more particularly one in the nalure of Writ of Mandamus declaring the action of the respondent No. 2 to 4 in non-considering the online application of the Petitioner vide No. 240007 2302 daled O2-08-2O24 and non-initiating to conduct the PassBook data correction on the Petitioners land admeasuring Ac.1-28 gts in Sy. No.75, admeasuring Ac. 4-04 gts in Sy. No. 56, admeasuring Ac. O-24 gts in Sy. No. 74, admeasuring Ac. 0-06 gts in Sy. No. 55, admeasuring Ac. 0-08 gts in Sy. No. 56, admeasuring Ac. 2-39 gts in Sy. No. 74, admeasuring Ac. 0-15 gts in Sy. No. 75, totaling to an extent of Ac. 10-30 gts, which is situated at RamachandrapuramVillage of Kattamguru N/andal, Nalgonda District to issue the E Pattadhar PassBook to the Petitioner is highly illegal, arbitrary, u nconstitutiona I and violation of Articles 14,15,21 and300-A of the Constitution of India and also violation of the Principles of Natural Justice and consequently direct the respondent No.2 to 4 to consider the Petitioners online application and issue the E Pattadhar PassBook to him on his cultivating land i.e. I subject land, which is situated at Ramachandrapuram Village of Kattamguru Mandal, Nalgonda District. 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 to and direct the respondeni No. 2 to 4 to consider the Petitioners online application vide No. 2400072302 dated 02-08-2024 and issue the E Pattadhar PassBook to him on his cultivating land admeasuring Aar. 1-28 gts in Sy. No. 75, admeasuring Ac 4-04 gts in Sy. No. 56, admeasuring Ac. 0-24 gts in Sy. No. 74- 3 and admeasuring Ac. 0-06 gts in Sy. No. sti, admeasuring Ac.0-08 gts in Sy No. 56, a ea tying Ac' 2-39 gts in Sy. No. 74, admeasuring Ac. 0-1 5 gts in Sy. No. 75, totaling to an of Ac. 10- 30 gts, which is sitr.rated at Village of Kattamguru Mandal' nalgonda Districl pending disposal of the writ on. Counsel for the Petit oner: SRI RAPOLU BHASKAR Counsel for the Resp,ondents: GP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C,V. BHASKAR REDDY WRIT PETITION No.32O9 of 2025 ORDER . It is stated that the petitioner is the os,ner and possessor of the agricultural land admeasuring Ac. 1.28 gutnas in Sy.No.7S; Acs.4.04 guntas in Sy.No.56; Ac.O.24 guntas in Sy.No.74; Ac.0.06 guntas in Sy.No.55; Ac.0.0B guntas in Sy.No.56; Acs.2.39 guntas in sy.No.74 and Ac.O. 15 gunlas in Sy.No.75, thus total to an extent of Acs. 10.3O guntas, situarcd at Ramachandrapuram Vitlage, Kattanguru Mandal, Nalgonda District. It is further stated that the name of the petitioner is recorded as pattadar in all the revenue records and paftadar passbook No.737 uid.e Patta No.3O8 has been issucd in his favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short "the ROR Acr, 1971") and the Rules made thereunder. It is furthcr srated thar whcn the petitioner made an application seeking for issuance of e-pattadar pass book as per the provisions o[ the Telangana Rights in land and Pattadar Passbooks Act,2O2O (for short "thc Act 9 of 2O2O"l and, also for recording his name in Dharani portal, the respondent authorities are not considering the said request and therefore, he is not in a position to receive var.ious CVBR..I wp_3209 202-s - incentives and investment subsidies being sanctioned by the Govcrnment lrom time to time for cultivation of the aforesaid lands. It is further stated that the petitioner also made online application No.24OOO72302, dated O2.O8.2O24 under TM 33 module seeking for issuance of e-pattadar passbook and inclusion of his name in Dharani Portal. The grievance of the petitioner is that even after receiving the said application, the respondent authorities are not considering the same.

2. Consrdcrecl the submissions of the learned collnsel for the petitioner zrnd Sri L.Ravinder, leamed Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 4 and with their c:onsent, this writ petition is being disposed at the admission stage. Learn,rd counsel for the petitioner has vehemently

3. contended that issuance of e-pattadar passbook is only a consequentiirl act of carrying the entries which have alrcady been madc under the provisions of the ROR Act, i97 1 ancl the entries madr: in the pattadar passbook are only compilation of the survey numbers and the accounts for the extent being mentioncd in a particular village and therefore, it does not take ar(raJr thc riqht of the petitioner in any manner unless the (.VI]R..I wp_321)9 2025 cnLries in the revenue records have been corrected by follou'ing due procedure.

4. Sri L.Ravinder, learned Assistant Government Pleader for Revenue has not disputed the submission of the application b,r, the petitioner seeking lor issuance of e-pattadar passbook and il the said application fulfils all the requirements of circular instructions issued by CCLA uide circular No. 1 of 2021, dated

15.01.2021 and Circular No.1 of 2024, dated 28.02.2024, tlrc respondent authorities would consider the same.

5. [n view of the above submissions, this Court, without cxpressing any opinion on the merits of the case and right and cntitlement of the petitioner for issuance of pattadar passbook under the provisions of the Act 9 of 2O2O and as it is stated th:rt thc petitioner has already been issued pattadar passbook under the provisions of the ROR Act, 1971 and he made an online application for issuance of e-pattadar passbook, deems it appropriate to dispose of this writ petition directing the respondent authorities to consider the petitioner's onlinc application No. 24OOO72302, dated O2.O8.2O24 and if thc petitioncr is not. otherwise entitled lor correction of thc extents being mcntioned in the old pattadar passbook or for issuance oI l CVBR..T Wp-3209 2025 - e-patta(lar passbook or amendment of the revenue records, the respondent authorities are directed to pass a reasoned order and conlmunicate the same within a period ol eight (0g) weeks from the date of receipt of a copy of this order. 6 Wirh the above observations, this Writ petit jon is disposed of. There shall be no order as to costs. 7 As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPYII SD/-A. S;RINIVASA REDDY ASSISTANT REGISTRAR ,,' ION OFFICER I!:-lll..lpqt,Secreta ry, Revenue Depa rtment, Secretariat Buitding, Secretariat, Hyderabad, State of Telanoana. The District Collector, Nalqonda. Naloo"nda District The Revenue Divisional O-fficer, Nalg'onda Division, Nalgonda District. The Tatrsild-ar, Kattamguru Mandal, OGtiici- One CC to SRI RAPOLU BHASKAR, Ad-vocate tOpUCl Two CCs to GP FOR REVENUE, High Court foitf,e-Sijte of Tetangana, at Hyderabad. [OUT] Two CD Copres "Nalgonda To 1 2 4 q b

7. PSK. GrP $ t' HIGH COURT DATED:0510212025 ORDER WP.No.3209 of 2025 ( o 3 Tl{E S t4 i \ 0( Ft8 2W q 6 l' ;r.' DISPOSING OF THE WRIT PETITION WITHOUT COSTS 69coci'' %{-

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