Smt.S. Prabhavathi v. (a'

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 a writ, order or direction more particularly one in the nature of WRIT OF MANDATUUS, declaring the action of the 2nd Respondent issued proceedings No.D/TM33/178812022, d1.24-11-2022, basing on the report vide No.TM33/675/2022, d|.15-10-2022 issued by the 4th respondent, without conduct detailed enquiry for revise or rectify the records, and the 2nd respondent accepting partly for Sy.No.339/A to an extent oI Ac.O.27 gts only, and rejecting the application No.220003090 1, d1.27-05-2022 made by the petitioner to carry out correction of entries in the revenue records as earlier entries in the revenue records of land to an extent of Ac.06.22 Gts instead of Ac,O1.08 Gts in Sy.No.352/A, to an extent of Ac.01.12 Gts instead of Ac.0.30 Gts in Sy.No.413/A, of Gotur Village, Dhanwada Mandal, Narayanapet District, is illegal, arbitrary and contrary to the Provisions of Telangana State Rights in Land and Pattadar pasq books Act, and apart from violation of Article 14, and 3004 Constitution of India, and consequently,lirect the Respondents to carry out correctiotr of entries of land admeasuring to an extent of Ac.06.22 Gts instead of Ac.01.08 Gts in Sy.No.352lA, to an extent of Ac.01.'12 Gts instead of Ac.0.30 Gts in Sy.No.413/A of Gotur Village, Dhanwada Mandal, Narayanapet District, in the interest of justice lA NO: 1 OF 2024 Petition underr Section 151 CPC praying that in the circum stances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to incorporate petitioner name as earlier entries in the revenue records of land to an extent of Ac.06.22 Gts instead of Ac.01.08 Gts in Sy.No.352/4, land admeasuring Ac.01.12 Gts instead of A<;.0 30 Gts in Sy.No.413/A of Gotur Village, Dhanwada Mandal, Narayanapet District, Pending the above writ petition Counsel for the Petitioner: SRl. HARI KISHAN KUDIKALA Counsel forthe Respondents: GP FOR REVENUE The Court made the following: ORDER HON'BLE SRI WSTICE C.V.BHASKAR REDDY WRIT PETITION No.4227 of 2O24 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is frled seeking the following relief: L, l. ". . ..to issue a u.rit order or direction more partiatlarly one in the nahre of WRIT OF MANDAMUS d.eclaring the oction of the )"a respondent issued proceedings No.D/TM33/ 1788/ 2022 dt 24.11.2022 basing on the report uide No.TM33/ 675/ 2022 dt 15.10.2022 issued bg the 4th respondent uithout conduct detailed enquiry for reuise or rectify the remrds and the 2"d respondent accephng partlg for Sg.No.339/A to an ertent of Ac.0.27 gts onlg and rejecting the application No.2200030901 dt 27.05.2022 made bg the petitioner.to corry out coffection of enties in the reuenue records as earlier entrtes in the reuenue records of lond to an extent of Ac.O6.22 Gts instead of Ac.01.08 Gts in Sg.No.352/A to an extent oJ Ac.01.12 Gts instead of Ac.0.3O Gts in S9.1r'o.4 13/ A of Gotur Village, Dharutada Mandal, NaraAanapet Dlslncl is illegal, arbitrary and contrary to the Prouisions of Telangana Stote Rights in Land and Pattodar Passboolcs Ad. ond opart from uiolation of ArTicles 14 and 3004 Constihttion of India ond consequentlg direct the Respondents to carry out coffection of enties of land admeasuing to an extent of Ac.O6.22 Gts instead of Ac.01.08 Gts in Sy.No.352/A to an extent of Ac.O1.12 Gts instead of Ac.O.30 Gts in Sg.No.413/A of Gotur Vilage, Dhanutada Mandal, Naraganapet Distict in the interest of justice... ."

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. The petitioner claims to be the owner and possessor of land admeasuring Ac.O6.22 guntas in Sy.No.352 lA, Ac.OLl2 guntas in Sy.No.413/A ald Ac.O.27 guntas in Sy.No.339/A situated at Gotur Village, Dhanwada Mandal, Narayanapet District and the I I ,t 2 revenue authorities have issued pattadar passbooks and title deeds uide passbook No.T01070040254 and patta No.lz83 in her favour, and she is also receiving various incentives san,:tioned by the Government for the said extent of lalds, The case of the petitioner is that while issuing e-pattadar passbooks under the provisions of the Telangana Rights in Land and Pattadar Passbooks l\ct, 2020 (for short 'the Act, 2O2O'l, the revenue authorities have recorded an extent of Ac.1.O8 guntas instead of Ac.6.22 gulrtas in Sy.No.352/A, Ac.0.3O guntas instead of Ac.l.l2 guntas in Sy.No.413/A and have not recorded Ac.O.27 guntas in Sy.No.339/A, and aggrieved by the said errtries, she submitted representation dated 20 .06.2079 before the respondenls for correcting the said entries. It is furt.her stated that when the respondents have not carried out the said corrections in the e-pattadar passbooks, the petittoner was constrained to file a writ petition uide W.P.No.22O4-z of 2Ol9 before this Court and this Court, uide order, dated 23.10.2019 disposed of the said writ petition directing the Tahsildar, Dhanwada Mandal, to examine the representation dated

20.06.2019 of the petitioner and pass appropnate orders. In compliance .,r,ith the orders passed by this Court, the Tahsildar has issued .Proceedings uide No.A/9Il2O2O, dated 1j'.01.2O2O, f") wherein, it is stated that upon verification of revenue records, it is noticed that certain entries have crept in the revenue records against the above lands and as the Recording Authority has no jurisdiction to revise or rectiff his own orders,.the petitioner was advised to file an appeal under Section 5(5) of the Telangana Rights in I-and and Pattadar passbooks Act, lg7l (for short, thc Act, 197 l) on the frle of the Revenue Divisional Offrcer, Narayanpet. It is furttrer stated that in pursuance of the said proceedings, the petitioner has filed an appeal uid.e Appeal No.I483 /2020 on the file of the Revenue Divisional Offrcer under Section 5(5) of the Act, lg7l and pending adjudication of the said appeal, the Act, 1971 has been repealed and replaced with the Act, 2020. However, the appeal filed by the petitioner was not transferred to the Special Tribunal constituted under Section 16 of the Act, 2020. It is further stated that pending adjudication of the said appeal, the petitioner has frled another writ petition urde W.P.No.33193 of 2022 before this Court and this Court, uide order dated 23.08.2022 disposed of the said writ petition directing the Revenue Divisional Ofhcer, Narayanpet, to forthwith transmit the entire record pertaining to Appeal No.1483/2020 to respondent No.2 therein and further, respondent No.2 is directed to place the same before the Special 4 .,3 Tribunal, Ranga Reddy District, and also directed that the Special Triburla-l to dispose of the same within a periocl of three months from the date of receipt ofrecord.

4. l.earnecl counsel for the petitioner submitted that u,hile issuing e-pattadar passbooks under the provisions of the Act, 2O2O, t},e revenue authorities have not included the entire extents and the extents mentioned in the said passbooks are not co-relating with the earlier passbooks issued un der the provisions of the Act, 1971.

5. This Court vide order dated 23.O8.2022 in W.p.No.33193 of 2022 directecl respondent No.2-the Distirct Collector to place record before the Special Tribunal, Ranga Reddy District instead of the Special Tribunal, Narayanpet District. Learned counsel for the petitioner has not taken any steps for correction of the said order even after lapse of more than two years.

6. Be that as it may, pending adjudication of the sairl appeal filed by the petitioner, respondent No.4 submitted a repor:t, dated

75.10.2022 statjng that on verifrcation of the records available, there is only r\c.1.34 guntas land in Sy.No.352, and there is no balance land m Sy.Nos.413 andJ39, therefore, recommended to add Ac.0.27 in Sy.No.339 /A and rejected for inclusion of the 5 extent in Sy.No.413/A and 352/ A; and basing on the said. report, tlle respondent No.2-District Collector, Nayaranpet, has issued proceedings uide No.D/Tl,i33/ LZ88/2O22, d,ated, 24.11.2022 recommending only to add Ac.O.2T guntas in Sy.No.339 /A and rejecting to include the extent in Sy.No.413/A and 352/A. Tle said proceedings would rcveal that earlier entries recorded in the passbooks issued favour of the petitioner is not co-relating to the extent available on ground. 7 . Since there are disputes with regard to the identifrcation of the extent -available in Sy.No.413/A and 352/A, the same are required to be decided by thc competent authority, only after verification of the tipons, chowpasla, kasra pahanis and village naksha, and after conducting survey. This Court while exercising the jurisdiction under Article 226 of the Constitution of India, is not conferred with the power to decide the validity or otherwise of the documents hled by the parties in support of their clairrrs. The issues raised in this writ petition are purely questions of fact, which can be appropriately addressed by a Civil Court in a properly instituted civil suit, based on the evidence adduced by tl e parties { t I !,l l l il' I i , 6 a-.J

8. In view of the above, this Court is of the opinion that ends of justice vr.o uld be met if the petitioner is relegated to approach the competent Civri Court and seek appropriate relief, in accordance u{th law. 9 With the above observations, this writ petition is disposed of. No order zrs to costs. As a sequel, the miscellarreous petitions pending, if any, sha,ll stand cl,tsed. I To, S D/-T. TIRUMALA DEVI GISTRAR //TRUE COPY// I i OFFICER. '1. The Principk: Secrerarv^(Reyenug! Sggretariat, T.S., Hyderabad. 2 The District Collector, lriarayanpet District. ,r. I Ire Kevenu€, D,vtsional,Officer.. Narayanpet, Narayanpet District 4 The Tahsitda. Dhanwada nranori]jjjJn,i;;;lii;l;yr"pet Distrist 5 One CC to SRt HARI i d'i*":,Ejl";iji6H#?EAt,g:,,,If"tf [y",.^3'tlg::F+",,,,,",,, 7. Two CD Copies BM BSw I t CC TODAY € STATc (r\ 9 C) -b F 2 B 1'1[q 1ffi +, i:: -:*;;, HIGH COURT DATED:1810312025 ORDER WP.No.4227 ot 2024 a ,t, ) ,a DISPOSING OF THE WRIT PETITION WITHOUT COSTS Y, e,l,P