Sri. Gottiparthi .Adinarayana Rao v. 1. 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 or Direction or order, more particularly one in the nature of writ of certiorari, calling the records in Rc.No.B/9'10112012, dt. 30.12.2022 rejecting the Dharani Application for rectification of revenue records, mutation and issuance of passbooks in respect of Agricultural property admeasuring Ac.28-06 guntas, in Sy.No.91/1ala/1/1 , situated at Kunchaparthi Village, Vemsoor Mandal, Khammam District by the 4th Respondent and declare the same as illegal, arbitrary, without jurisdiction and incompetency, against his own report in Proceedings Rc.No. B/9'10112012, dl. 20.10.2021 against the provisions of new ROR Act, in violation of principles of natural justice and against all settled principles of law and selaside the same and consequently direit the Respondents to rectify the revenue entries, mutate the name of the petitioner in all revenue records and issue E-Passbook in favour of the petitioner in respect of Agricultural property admeasuring Ac.28-06 guntas, in sy.No.91/1ala/1/1 , situated at Kunchaparthi Vitlage, Vemsoor Mandal, Khammam District by considering the fresh application made on 26.11.2024 vide Application No.2400125134 IAN O:2OF 20 .E PetitiontlnderSectionl5lCPCprayingthatinthec]rctrmstal'rCeSStatedin the affidavit file'i in s:pport of the petition, tn" Higl' Court may ce p eased to direct ir," n".p".o""ts t3 .ectify the revenue entries, mutate the na re r''f the Petitioner ,"r"nr" r3cor.c s ,nd i.sr" E-passbook in favour of the Petit o'rer in respect of Agricultural proterty aJmeasuring Ac'28-06 guntas' 1n Sy No 91/1ala/1/1 ' situ"t"eO at Krrncl'i parthi Village, i"*toor. Mandal' Khatnma n District' by coniiOering tf e fr:sh applica"tion made orr 26'11'2024 vi'fu Application No.240012t13'1, perrrcling disposal of main Writ Petition "ir Counsel for th': Pet tioner: SRl. AKKAM ESHWAR Counsel for the Re: pondents: GP FOR REVENUE The Court macle th( following: ORDER i I I I I I I l HON'BLE SRI JUSTICE C.V. BHASKAR REDDY trIRIT PETITI ON No.41O3 of2o.25 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking for following relief: "..1o issue an appropriate Writ or Direction or Order more parttcularLg one tn the nature of Wit of Ceftiorari Catting the records tn Rc. No-B/ 9 1 0 1 / 20 1 2, dt. 30. 1 2. 2 022 rejecting the Dharani Appltcation Jor recti,fi.cation of reuenue records mutation and issuance o_fpassbooks in respect of Agianltural propertA admeasuing Ac.2g.06 guntas, Sg.No.g1/ lee@/ 1/ 1, si.tuatecl at Kunchaparthi Vittage, Vernsoor Mandal, Kharnmam Dlstrict bA the 4th Respond_ent and dectare the same as i\tegal, arbitrary, Lutthout juisdiction and incompetencA agqinst his outn report in proceedings Rc. No. B/ 9 1 0 1 / 2 O 1 2 dt. 2 0. I 0. 20 2 1 agatnst the prouisions of neut ROR Act tn uiolation of pinciples of natural justice and. dgamst atl settled principles of lau and set_aside the same and consequenttg direct the Respond.ents to rectfg the reuenue entries, mutate the name of the petitioner in all reuenue records and issue E passbook tn fauour of the Petitioner in respect of AgicuLtural properlA admeasuring 4c.28.06 guntas in Sg.No.9t/ je9e9/ 1/ 1, situcLted_ at Kunchaparlhi Village, Vemsoor Mantlal, Khammam Distict bu consideing the fresh applicatiort mode on 26.11.2024 uide Applicqtion No. 2 4 O 0 1 2 S I 34.. "

2. Considered the submissions of the 1earned counsel for the respective parties and perused the record.

3. It is stated that the petitioner,s father along with two others are the pattadars and possessors of land admeasuring Ac. 108.33 gts., Sy.No.91/ 1A, situated at Kunchaparthi Village, l l I l l (\BR.J Wp-'l I{ 3 2025 , Vemsoor Man 1a1, Khammam District and thei- nErme,i were recorded {rs P. t Ladars in Lhe pahanies for the yeirrsr :lO0( ) J 1 to 2010- 1 1. It is rrrther stated out of the said land -he pe itioner has succ:eclerrl the land to an extent of Ac.il0.06 ptr,., in Sy.No.91/ I /,A. riom hrs father. It is further srate(l th a: the Village Rever,lr.l: Officer has mistakenly recorded the sairl rand to an extent of I c,30.06 gts., as Gramarasi in cultivator r olumn and havi-rg r c,ticed the same, the petitioner has mr.ie an application d,t t':cl 26.06.2O 10 on the file of respon len No.3- Revenue l)ivls r nal Officer seeking correction of the said e'rtries and res[)onil.( r rt No.3, called for a detailed rcpor from respondent Nc . {-Tahsildar. It is further stated that :-csp c:rdent No.4 su rmit-r ed a detailed report dated ).tt Ol.:2(',72 to respondent N( . 3 stating that as per the statemelrt ol VR O, it is clear that. for t[c land in Sy.No.91/ I / A an cntrv \\'irs n re de in the pahani f ,: r the year 2OO8-09 as 'Gramarasi' ir cu ltivaLor column on t:: r oral instructions of the-then Tahsilcl:rr ll t there is no supporr-i-rg document or legal basis and thc sai<l cn,ry was made withou t issuing any notice to the pattadars. It is firrther stated thal .he petitioner has filed a writ pe titic n vide W.P.No.4,l18; tl 2.012 on the h1e of this Court eind this Oourt, vide order cle ted 22.O2.2O 12 disposed of the same dir:cting 3 CVBR, J Wp_4103_2025 further stated that respondent No.1 therein to consider and take appropriate action in pursuance to the petitioner,s representation dated 26.06.2010 on the basis of the report of respondent No.2 therein, dated 29.01.2012. It is further stated thar pursuant to the said order, acting upon the said representation of the petitioner, respondent No.3 conducted enqurry and vide proceedings in Rc.No.A1/8 30 /2012, dated 20.06.2012 remitted the mater to respondent No.4 to conduct d-e nouo enquiry as per the Telangana Rights in Land and pattadar passbooks Act, l9T7 (for short, 'the Act, 1971') and pass reasoned orders. It is when said order was not complied, the petitioner filed contempt case and pending adjudication of the same, on the letter addressed by thc Pleader, the respondent No.3 conducted passed orders in Rc.No.A1l830 12012, dated 28.07.2012 directing the respondent No.4 to make necessary correction of entries in record of rights. Based on the orders of respondent No.3, respondent No.4 passed orders in proceedings No.RC.No.B/9IOI I2011, dated 27.O8.2Ot2 observing that there is title dispute between the petitioner and villagers in respect of the subject land and as the civil court is only competent to decide the question of title of the parties and advised the parties fresh enquiry and learned Government i I 4 ( VBR. J Wp,41( 3 _2025 to approar;h lf e competent Civil Court for adjudication c f their rights an<l tjtl-' over the subject 1and. AggrieveC b1' the said order, the peli- oner hled an appeal before respt:n<lent l'c.3 in ROR Caser l\,lc.A3/5157i 2013 and respondent.No ll, uiclt' rrder f rmi n 3 thc dated 10. 1 0 .'2 ) 14 disposed of the said appeal ':orl orders pe sse,l bv the-then RDO, Khammam in P-o<:. 'kr'Al/ 83ol2olt. 2ll 07.2012. Aggrieved by the same, the pe ilioner filed a rcvis Lo r before the Joint Co1[ector vide ItO ? R :"ision No.29 of 201' and the same was disposed of uide crde lated 26.07 .20 7 ,Jt r:cting respondent No.4 to .ondsr:t c,-tclu r'' ar-rd pass orde rs, r,,' thin a period of one month and tho srucl ; sr;ue is seized before the respondent No.4. The grrevarrcc cf the petitioner is t':at after introduction of Dharani u'':b po tll. he macle on ir:e Lltplication dated O8.I7.2022 for lnlLt: lirlr cf his name an,l 1lo1 sequential issuance of pattadar pzrssbook; in his respondent No.4, vide proce(rdin gri in favour, trlrl Rc-No.B/9 1(t: ,'2012 dated 30.12.2022, rejectc<l li'tc srrrnc on the grou 1c. tl .llt the subject land is not in his p'srie ssron and since lorrg b ack it is being used for grazing plrrpc s: and recordcd a; ( t amarasi'.

4. Leirrr,::c counsel for the petitioner has vchr:rnently contended thrt in fact uide Proceedings dated 129 01 12(: 12 and 5 CVBR, J wp_4103-2025

20.06.201.2, the office of the Tahsildar, after conducting enquiry has submitted a report on the file of respondent No.3 stating that the nature of the subject iand was mistakenly recorded as Gramarasi and in fact, no notice was issued to the petitioner who is the pattadar while carrying out corrections in the pahanies. Learned counsel further contended that even though pahanies are not considered to be record of rights, the entries made in the pahanies would confirm possession of the petitioner over the subject land. The respondent No.4, without taking into consideration of the long possession of thc petitioners, re;ected the application submitted by the petitioner without assigning any valid reasons. Therefore, the impugned order dated 30.72.2022 passed by respondent No.4 is liable to be set aside.

5. Learned Assistant Government pleacler Ibr Revenue appearing for the respondents has vehemently contended that from the khasra pahani onwards, in all the pahanies, various names have been recorded classitying the nature of the 1ands as Gramarasi. The petitioner, disputing the entries made in the pahanies after 1999, made a representation on the frle of respondent No.4 seeking correction of the said entries as per the Act, 197 7 , respondent No.4 is conferred with power to entertain application for correction of the entries in the revenue records I l 6 CV3R.J \,1'p;1 10i,2025 ivithin a p:rrorJ ,lf one year from the date of makirlg srrch cetry; and since, rc:;E tndent No.4 is not having any po\\r(l tc cal rr out the correctiot'1" rclating to the pahanies, beyond the pel iod of one year'. hL: I lLs rightly passed the impugne{ ')rdcr al lc' the same d6rrrs r ot suffer from legal infirmitics \''ilrr l ltirg intcrfercnr;c L,r 'hrs Court under Article 226 of thc C()nsL trltion of India ancl 1-rr ryed for dismissal of the writ petiticin It irppr: rrrs from the record that thc ntrrlre rl the 6. pctitioner s 1-2 1iler and their predecessors-irl inlr:re:;t are recorded n 1.1'r: pahanies since 1955 in cultivator coluLn r and subsequc rth'. t hc nature of the land has been classi itrd as Gramarasi rrrrl no proceedings are forthcoming for- amcrrdment or corrco,icr. II the entries in the revenue recorrls Is it is stated thlt rc spondent No.4 is not conferred rvith po''rr:r lor carryrng orLl :otrcctions after a period of on': vcar. itr thc pahanies ot- i,L r,. other revenue records, the approori ltc e mcdy for the petit ioI t:r is to approach the District Collec-or ancl rlnder Section 9 c,f t te ROR Act, 1971, uniike other c'-ractm':rrti, the Revisionz:l \-.r hority under the Act is conferred rvith por"er to carryout necc i:jary corrections discharging functrons as >riginal authoritl'or-tr modify or annul the orders. 7

7. CVBR, J Wp {103_2025 In view of the above, since it is the case of the petitioner that no notice has been issued while changing the entries made in the pahanies, this Court deems it appropriate to dispose of the writ petition permitting the petitioner to make appropriate representation/ application before the respondent No.2 enclosing all the documents in support of his claim and on filing such application, respondent No.2 is directed to call for the records from the concerned authorit5r and after verification of the records, pass a reasoned order, wilhin a period of three (03) months from the date of receipt of such application. It is made clear that if the petitioner is aggrieved by an order to be passed by respondent No.2, he is at liberty to challenge the same before the competent Civil Court by instituting a comprehensive suit seeking appropriate relief, in accordance with law. 8 With the above observations, this Writ petition is clisposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/- AHMED ABDULLAH KHAN S TANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 The Principal Secretary, Revenue Department, Dr R. Ambedkar Bhavan, Secretariat, Hyderabad. Ld4 The District Cr Irector, Khammam District, Khammam' The Revr>n.]e )ivisional Officer, Khammam Division, K'harrmarn District' The Tah:; lclar. \/emsoor lr/andal, Khammam District. One CC :o IlFll. AKKAIT/ ESHWAR Advocate [OPUC] Two CCs to il P FOR REVENUE ,High Court for the Stat€' of - elangana Two CD Copit s \ 2 3 4 5 6 7 KKS GJP HIGH COLIRT DATED:1et04'2025 t I ORDER WP.No.4103 cf 2025 ( o.) :^ ,r t'r s-A:-i 1B JUN ?TIi6 Dp, , .. '- 6a\ l-) DISPOSING THE WRIT PETITION WITHOU.I- CI)STS \., \ \ b t