✦ High Court of India · 17 Feb 2025

't . Md. Shafiuddin v. 1. The State of Telangana

Case Details High Court of India · 17 Feb 2025
Court
High Court of India
Decided
17 Feb 2025
Bench
Not available
Length
1,232 words

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 of direction more particularly one in the natuie of writ of Mandamus inaction of the Respondent Nos.2 to 4 in not issuing pattadar paqs books in favour of the Petitioner No.1 land admeasuring Ac. Ac.o1.o2gts and Petitioner No.3 to 7 admeasuring Ac.01-01 gts, are in Sy.No.435, situated at Karvena Village, Boothpur Mandal, Mahaboobnagar District relangana and also challenging the action of the Respondent No.2 to 4 in trying to dispossess the Petitioners from their Agricultural Land to an extent of total admeasuring Ac.3-03 gts, i.e., Ac.01.02gts, Ac.01-0'lgts, Ac.0'1-01 gts in Sy.No.43S, situated at Karvena Village, Boothpur Mandal, Mahaboobnagar, DiStrict Telangana, which is illegal, arbitrary and also violation of Section 6 of the Telangana Rights in land and Pattadar Pass Book Act 2020 and also against Article 21 and 300-4 of the constitution of lndia and also against the principal of the Natural Justice and also against the principal of the Natural Justice and consequenfly direct the Respondent Nos.2 to 4 to issue the Pattadar pass books in favour of the Petitioner No.1 and Petitioner Nos.3 to 7 in related to the petitioners agricultural land, and further direct the Respondent Nos.2 to 4 not to dispossess and disturb the peaceful possession and enjoyment of the petitioners. lA NO: 1 OF 2025 Petition under Section 15i cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondent Nos.2 to 4 not to dispossess and distuib the peaceful possession and enjoyment of the property of the petitioners Agricultural land i.e., total admeasuring Ac.3-03 gts, i.e., Ac.0102gts, Ac.01-01gts, Ac.01-01 gts in Sy.No.435, situated at Karvena Village, Boothpur l/andll, Mahaboobiagar District Telangana, pending disposal of the above Writ petition. Counsel for the Petitioner: M/s. T. SIREESHA Counsel forthe Respondents: ASST. Gp FOR REVENUE The Court made the foltowing: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PE"TITION No.4616 of 2025 ORDER: This Writ Petition, under Articlc 226 of the Constitution of India, is liled seeking the following relief: '.--to i,ssue an appropritte utnt, order or direction more particulortg one in the nature of 'Wit of Certiorai': i) Declarirq th.e action of respondent Nos.2 to 4 for not issuing pattadar passbooks in fauour of petitioner No.1 in respect of the land admeasuing Ac.1.O2 gts., uhile petitioner Nos.3 to Z in respect of land admeasuing Ac.1.01 gts., respectiuelg in Sg.No.435 situated at Karuena Village, Boothpur Mandal, MaLnboobnagar Distict anrd also respondent Nos.2 to 4 are trying to dlspossess the petitioners from the land odmeasuing Ac.3.O3 gts, as illegat, arbitrary and contrary to laut; and ii) Con-sequentlg, direct respondent Nos.2 to 4 to issue pattadar passbooks in fauour of petittoner Nos.l and 3 to 7 and not tc dispossess the petittoner from the subject propertg or pass appropiate order---"

2. The case of the petitioners is that the land to an extent of Acs.3.O3 gts., in Sy.No.435 situated at Karvena Village, Boothpur Manda-I, Mahaboobnagar District, is an ancestral property. Petitioner Nos. 1 and 2 and the father of petitioner Nos.3 to 7, namely, Mr.Md.Ghiyasuddin are brothers and they have succeeded the subject property from their father late Mr.Md.Ghouse. During the life time of the said I / r-r- 2 Mr.Md.Ghiyasuddin, he obtained pattadar passbook bearing No.TO103006OO33 and katha No.83. After the death of the said Mr.Md.Ghiyasuddin, his sons i.e., petitioner Nos.3 to 7 succeeded his share. Petitioner Nos. I and 3 to 7 hled an application before the revenue authorities seeking issuance of pattadar passbooks in their favour in order to avail the incentives being granted by the Government for cultivation of the said land.

3. The grievance of the petitioners is that without considering their request for issualce of pattadar passbooks, respondent authorities are trying to dispossess them frum the subject property without follouring the procedure laid down under the law.

4. I,e arned Assistant Government Pleader for Revenue, on instructions. would submit that for issuance of pattadar passbooks in the name of petitioner Nos. I and 3 to 7, they have to submit application in the prescribed proforma through Dharali Portal.

5. In vierv of the aforesaid discussion, this Court deems it appropriate to dispose of this writ petition by permitting the petitioners to submit application in the prescribed proforma t l i I 3 through Dharani Portal and on filing such application, respondents Nos.2 to 4 shall examine the same and if it fulfils all the requirements, they shall pass appropriate orders within three (3) months from the date of receipt of such application, strictly in accordance with law, by putting the petitioners and all other effected/interested parties on notice and affording them an opportunity of hearing. If respondent Nos.2 to 4 are not inclined to accept the request made by the petitioners, they shall assig-n specific reasons, pass reasoned order and communicate the same to the petitioners within the aforesaid period.

6. With the above observations, this Writ petition iS disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/. T. TIRUMALA DEVI T REGISTRAR T AS //TRUE COPY// SECTION OFFICER

1. The Principal Secretary, Department of Revenue, The State of Telangana' Secretariat Hyderabad, Telangala. - . 2. The Collector, Mahaboobnagar District Telangana, e. iii; R;;;r"'ovisional offi6er, Mahboobnag-ar District District Telangana +. in" fif,iitO"r, Boothpur Mandal, Mahboobnagar-District T'S' S. One CC to M/s. T. SIREESHA, Advocate IOPUC] 6. il; cc"io cF FoR REVENUE, High court for the state of Telangana' Two CD CoPies BN 7 s. \ To, HIGH COURT DSTED:1710212025 ) ORDER ' WP.No.4616 ot 2025 ..,-- i zB,IH'l ttilt t ct..snAJc i DISPOSING OF THE WRIT PETITION WITHOUT COSTS d

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