Polndi Narasimha Rao v. 1. The State of Telangana

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 appropriate writ, order or Direction, more particularly one in the nature of writ of Mandamus declaring the action of respondents No. 2 to 5 in rejecting the Dharani Application of the petitioner vide No. 2300060088 dated 30.03.2023 for inclusion of missing survey Number and consequential issuance of pattadar passbook in respect of agricultural land admeasuring Ac.1 .3750 in sy.No. 37lA situated at Basvapuram Village, chinthakani Mandal, Khammam District without issuing any Notice to the petitioner and without following due process of Law as being illegal, arbitrary and voilative of principles of Natural Justice and also in contrary to the provisions of the Telangana Rights in Land and Pattadar Pass Books Act. 2020.. consequently set aside the said rejection orders and to direct the respondents to issue pattadar passbooks to the petitioner in respect of above said land. |.A.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 suspend the rejectron orders issued by the respondents rejecting the Dharani Spplication of the petitioner vide No. 2300060088 dated 30.03.2023 for incluqion of missing Survey Number and consequential issuance of pattadar passbook in respect of agricultural land admeasuring Ac.1.3750 in Sy.No. 37/A situated at Basvapuram Village, Chinthakani Mandal, Khammam District pending disposal of the main writ petition. Counsel for the Petitioner : SRI ALLURI DIVAKAR REDDY Counsel for the Respondents : AGP FOR REVENUE The Cqurt made the following ORDER , THE HON'BLD SRI T'USTICE C.V.BHASKAR R"EDDY WRIT PETITION No.5553 of 2o25 ORDER: This writ petition is filed seeking following relief: "In the circumstances and for the reasons stated above, it is hereby prayed that this Hon'ble Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of respondents No. 2 to 5 in rejecting the Dharani Application of the petitioner vide No. 2300060088 dated 30.03.2O23 for inclusion of missing Survey Number and consequential issuance of pattadar passbook in respect of agricultural land admeasuring Ac.1.3750 in Sy.No. 37/A situated at nasvt'puram Village, Chinthakani Mandal, Khammam District without issuing any Notice to the petitioner and wit-hout following due process of Law as being illegal, arbitrary and violative of principles of Natural Justice and also in contrary to the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 2O2O, consequently set aside the said rejection orders and to direct the respondents to issue pattadar passbooks to the petitioner in respect of above said la-nd a-nd to grant such other relief or reliefs as this Honble Court deems fit and proper in the circumstances of the case."

2. It is stated that the petitioner's mother is the absolute owner and possessor of the agricultural land admeasuring Acs. 3.35 guntas in Survey No.37/A, situated at 2 CVBR, J W.P.No.5553 of 2025 Basvapuram Village, Chinthakani Mandal, Khammam District. It is further statecl that the petitioner's mother,s narne was recorded in the revenue records and the revenue authorities also issued pattadar pass book uid.e Khata No.3gg under the provisions of the Telangana Rights in Land and pattadar Passbooks Act, 197 1 and the Rules made thereunder. It is further stated that the petitioner,s mother was receiving various incen tives as investment subsidies sanctioned by the Government from time to time for cultivation . of the agricultural land. It is further stated that the petitioner,s mother died on 2I.O7.2078 leaving behind tu,o sons, who are the petitioner and his brother polneedi yadadri. The property of the petitioner's mother was partitioned between the petitioner and his brother. It is further stated the petitioner,s brother was issued pattadar passbook uid.e passbook No.T26O2OO30299 in respect of his land admeasuring Acs. 1.3750 in Survey No.37/A. The grievance of the petitioner is that when the petitioner has submitted an application dated 30.O3.2023 through Dharari porta_l uide Application No.23OOO6O8B for issuance of e-pattadar passbook under the Y CVBR, J W.P.No.5553 of 2O25 provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short "the ROR Act, 2O2O"l in respect of agricultural land admeasuring Acs. 1.3750 in Survey No.37/A, situated at Basvapuram Village, Chinthakani Mandal, Khammam District, the respondent authorities have rejected the same without assigning any valid reasons.

3. Considered the submissions of the learned counsel for the respective parties and with their consent, this writ petition is being disposed of at the admission stage.

4. This Court has carefully examined the rejection t order. Except stating that the application submitted by the petitioner has been rejected, no reasons whatsoever has been assigned by the respondent authorities. The rejection order passed by the respondent authorities- suffers from non- application of mind and also the same is not in consonance with the principles of natural justice.

5. For the reasons stated above, the impugned order is set aside and the petitioner is directed to submit a fresh t I x:/:r' - 4 CWR, J W.P.No.5553 of 2025 application along with a Family Consensus Settlement Deed dividing the property to the extent of their respective shares' In the event of such an application being submitted by the petitioner and if the said application fulfrlls all the requirements of the provisions of the Act 9 of 2O2O and also the circular instructions issued by the CCLA uide circular No' 1 of 2021, datecl 15.01 .2021 and Circular No l of 2024, dated 28.02.2024, the respondent authorities shall pass a reasoned orderinaccordarrcewithlawafterissuingnoticetoallthe interested persons over the subject land and communicate the same to the petitioner, within a period of eight (O8) weeks from the date of receipt of a copy of this order' {

6. With the above observations, this Writ Petition is disposed of. There sl-rall be no order as to costs' Asa sequel thereto, miscellaneous petitions, if any, pending shall stand closed. //TRUE COPY// SD'-A.V.S. PRASAD ASSISTANT REGISTRAR [';;t *.FFICER To Telanoana at HYder abad '

1. The Principal Secretary, Revenue Department' Secretariat' State of 2. Til D'istrict Coliector Khammam District' 5. fn" Aaditionat Collector (Revenue)' Khammam District' ;. ii;; R;;;;r" Divisional bfficer' Khammam' Khammam District' S. fn" tafisitOhar Chinthakani Mandal' Khammam District 6. Two CCs to GP FoR R;V;NUE' High Court for the State of Telangana at ? lj,#'#; !'ir aiLunl DIvAKAR REDDY' Advocate toPuc] 8. Two CD Copies Hvderabad [OUT] W SA BS ,{t-i<aa ;t I I HIGH COURT DATED:2 510212025 ORDER WP.No.5553 of 2025 ,-<; J 41 i'.i 7:W ( :! o -6 'i.:- r._., DISPOSING OF THE W.P WITHOUT COSTS.