The High Court · 2025
Case Details
Acts & Sections
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 ihe nature of Writ of Mandamus, declaring the action of the respondents in keeping the lands admeasuring Acres 01-20 Guntas in Survey No.435/AA, Acres OZ-iO 6untas in Survey No.435/E, Acres 00-19.20 Guntas in Survey No'435/UU' Acres 02-31 Guntas in survey No.436/RUU/1 , Acres 00-36 Guntas in survey No.436/RU/2 and Acres 02-21 Guntas in survey No.436/RUU/3, situated at Koukunfla Village and Mandal, Mahabubnagar District, Telangana state owned and possessed by the petitioners, in prohibited properties list and further action of the 2nd responde 1t in not deleting the aforesaid lands from the prohibited properties list and not issuing the new pattadar passbooks and ti e deeds in spite of submitting Dharani rM-'15 Applications bearing Nos.24000'1631€i, 2400015i59, 2400019535 and 24110016314 submitted by the petitioners, as arbitrary, iltegal, unjust, contrary to law, contrary to the records, apart from being riolative ofihe Fundamental and constitutional Rights guaranteed under Articles 14, 19,21 and 300-,4 of the constitution of lndia and consequenfly direct the respondents to consider the aforesaid applications of the petitioners for deletion of the aforesaid Iands of the petitiorrers from the prohibited properties list and to issue new pattadar passbooks irr respect of the said land in favour of the petiti,)ners. 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 direct the respondents to consider Dharani rnll-t s npplications bearing Nos.2400016316, :24000i53s9, 240001953s and 24o00163.t4 respectively submitted by the petitioners, pending disposal of the above writ pet tion. Counsel for the Petitioners: SRI A. MUNEENDHAR REDDY Counsel for the Respondents: ASST. Gp FOR REVENUE The Court made the following: ORDER i J J I / HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No .5265 of 2025 ORDER: It is stated that petitioner No. 1 is the owner and possessor of the land admeasuring Acs.2.30 guntas in Sy.No.435/E; petitioner No.2 is the owner and possessor of the land to an extent of Acs.2.3O guntas in Sy.No.435/AA; petitioner No.3 is the owner.and possessor of the land to an extent of Acs.2.3l guntas in Sy No.436/RUUr and petitioner No.4 is the owner and possessor of the land Ac.o.1920 guntas in Sy.No.435/UU; Ac.O.36 guntas in Sy.No.436lRU/2 and. Acs.2.2l guntas in Sy.No.436lRUU/3, all the lands are situated at Kaukunta Village, Devarakadra Mandal, Mahabubnagar District. It is further stated that in the year, 20 15 when the respondent authorities have tried to dispossess the petitioners from the aforesaid lands, the petitioners, along with others were constrained to file W.p.No.3495l of 2OlS and the said writ petition was allowed uid.e order, dated 03.06.2O24, directing the respondents therein not to interfere with the peaceful possession of the petitioners therein, in any manner. It is further stated that while allowing the said writ petition, this Court observed as under:- 'In the present case the original record. pertaining to the subTecf issue before this Court hotueuer does not indicate the --- -/ 11 2 CVBR, J wp 5265 2025 uesttnq specirt.ed under Section 16 uthich lakes ploce after uaious steps such as notifi.cation under Section 4, d.e<:laration unde:r Section 6, notice under Section 9, anuard under Section 11 a.ft,zr sening notice to the petitioners under Sectio,t 12 (2) of L.and Acquisition Act, j9g4 and. then takin g ouer po-ssi?s;sion of the subject land by conduct of the pancltanama as pe,r due procedure under lana."
2. It is tttrther stated that when the respondents have not issued paltadar pass books, they were constrainec to make individual applications uide Nos.24O0O1631b, 2.+OO015359, 24O0O19535 and 2400016314, seeking for issuance of p.ttrd.. pass book try dury enclosing all the rerevant docurrents. The grievance of the petitioners is that even after recelvir)g the said applications;, the respondent authorities are considering the same.
3. Consid:red the submissions of the learned cour: sel for the respective parties and with their consent, this writ petition is being disposed of ..r r the admission stage.
4. In vierv of the facts and circumstances of the <:ase, this Court, without expressing any opinion on the right and entitlement of the petit_iorrers and since it is stated that the petitioners, rights were alreacly rrecided by this court and the petitioners rrave made individual applications uide application Nos.24o0o16316, 24OOO15359, 2400019535 and. 24OOO16314, seeking for issuance \-- \ --, To, 3 CVBR, J Wp _5265 -2025 of the pattadar pass book, deems it appropriate to dispose of this writ petition directing the respondent authorities to dispose of the said applications after issuing notice to all the persons interested, if the same are complied with all the requirements of the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O and also the circular instructions issued by CCLA vide circular No. 1 of 2021, d,ated 15.01.2021 and Circular No. 1 of 2024, dated 2a.O2.2O24 and pass a reasoned order and communicate the same to the petitioners, within a period of eight (08) weeks from the date of receipt of a copy of this order.
5. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs
6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/.MOHD. TSMAIL ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER t I Secretariat, HYderabad. Mahabubnagar District.
1. The Principal Secretary, Revenue Department' State of Telangana' at , il;' Dl;iliCi C6ttector, Mahabubnasar District 5. iii; 6;;;" oiriii""Jr6fficei Minauuunasar Revenue Division' 4.TheTahsildarandJointSub.Registrar,KoukuntlaVillageandMandal, 5 ffi;tti; s'RiL HailrlerruoHARRED^DY' Advocate [oPUCl d. i,ifi dd.'i"-GC ioR nrv-iriuEl High-Coui-t for the Stbte of Telansana 7. Two CD CoPies tvlahabubnaqa r District tOUT BN BS HIGH COURT DATED:21 10212025 ORDER WP.No.5265 of 2025 , , rH,E!re16 ( 2 B Fli 2$6 I 'ittt,lt',t DISPOSING OF THE WRIT PETITION WITHOUT COSTS 2t*