✦ High Court of India · 25 Feb 2025

High Court · 2025

Case Details High Court of India · 25 Feb 2025
Court
High Court of India
Decided
25 Feb 2025
Length
1,394 words

'l . The State of Telangana, Rep. by its Princlpal Secretary, Revenue Department, Secretariat, Hyderabad. 2. Th6 District Collector. Sangreddy District. g. fne n""enue Divisional btficeir, Ramachandrapuram N4andal Sangareddy +. ine fafrsitOar, Tellapur, Ramachandrapuram IVIandal Sangareddy District.^ S. nniframmotta'fi/unemma, W/o. Venkit reddy Aged about 40 y9ar9' p9c - Uoirr"6otO, FJo. Domadugu Village, Jinnaram tt/andal, t\/edak District (old) New SangareddY District 6 T;kala-4";;utha, wlo. Goverdhan Reddy Aged 36 years, Occ Household, - nyo. Srinivasnagar Colony, Ramachnadripuram Village and Mandal, fVledak District (old) New Sangareddy District ...RES'ONDENTS Petition under Article 226 of lhe 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, more particularly a writ in the nature of Mandamus declaring the action of the respondents no 2 to 4 in making attempts to amend the entries in the revenue records of the petitioner's land i.e an extent of Ac 1.06gts in Sy no 476/EE2 situated at Tellapur Village, Ramchandrpuram [\/andal, sangareddy District without issuing any notice and following due procedure under law which is illegal, arbitrary and unco nstitutio nal and consequently direct the respondents not to dispossess the petitioners from the subject land and not to amend the entries in the revenue records in respect of the schedule property i.e land to an extent of Ac 1.06gts in sy no 476lEE2 situated at Tellapur Village, Ramchandrpuram Mandal, Sangareddy District ---7 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 issue interim directions to the respondents not to interfere with the possession of the petitioners rand i. e an extent of Ac 'l .069ts in sy no 416rEE2 situated at re, ap or Virrage, Ramchandrpuram Mandar, sanareddy District pending disposar of writ petition lA NO: 2 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 issue interim directions to the respondents No 2 to 4 notto amend the entries in the revenue records with regard to the petitioners rand i. e an extent of Ac 1 06gts in Sy no 476rEE2 situated at relrapur Virage, Ramchandrpuram ,V.randar, Sangareddy District pending disposal of writ petition Counsel for the petitioner: Ms. MADHAVI pRlyA MANTENA Counsel for the Respondent Nos. 1to4: Gp FOR REVENUE Counsel for the Respondent Nos.5&6:_ The Court made the following: ORDER I i I I ! I I I i i I I I I HON'BLE SRI JUSTICE C.V.BHASI(AR REDDY WRIT PETITION No.544L of 2025 ORDER: This writ petition is tiled praying this Co.urt to declare the action of respondent Nos.2 to 4 in making attempls to amend the entries in the revenue records of the petitioner's land i e , Ac. 1.06 guntas in Sy.No.476/EE2, situated at Tcllapur Village, Ramachandrapuram Mandal, Sangareddy District, . without issuing any notice to the petitioner and without following due procedure under lau', as illegat and arbitrary and consequently, prayed for other approprial-e orders. It is stated that the petitioner is the owner and possessor 2. of land adrneasuring Ac. l.O6 guntas in Sy.No.476; Ac'O 33 guntas ln Sy.No.476/E; Ac.1.O6 guntas in Sy-No.476; Ac'O'14 guntas in Sy.No.476/E; Ac-O.OS guntas in Sy.No.475/ A2 ar,C Ac.O.15 guntas in Sy.No.476, totalling to an extent of Acs'3 39 guntas, situated at Tcllapur Village, Ramachandrapuram Mandal, Sangareddy District, having purchased the same through registered sale deed bearing document No'17171 of 2005, dated 24.I1.2OO5. It is further stated thal basing on the said sale deed the uame of the petitioner was mutated in the revenue records uide Proceedings No.B/4587/2005, dated

12.01.200,5 and passbook and title deed No.OOOl6686 uide { .:: { 2 CVBR, J Wp 5441...2025 Patta No.878 were issued to l'rim under the provisions of the Tclangana Rights in Land and Pattadar passbooks Act, 1977 and the Rules made thcreunder. It is further stated that the petitioncr is also receiving various incentives sanc[ioned by the Government as invesLment subsidy for cultivation of the said lands. It is further stated that disputing rhe right and cn titlement of the petitioner over the subject property, his vendor's sisters havc instituted a suit for partition i.e., O.S.No.34 of 2011 on the file ol the principal District Judge, Sangareddy and without making the petitioncr as party defendant have obtained a preliminary clecrcc. It is further stated that lrnal decrce , dated 2),.02.2024 u,as also granted in the said suit dividing the property u.ith metes and bounds and seeking for implementation o[ Lne final dccree, u'hen respondent Nos.S and 6 filed an application seeking for mutation and conscquential amendment of the revenuc records and issuance of pal-tadar passbook the petii-ioncr came to knou' about the institution ol the partition suit. The only grievance of the petitioner is that respondent Nos.5 and 6 relying r.rpon the linal decree are making eflorts for mutation of their names and consequential issuance of pattadar pass book and in the event of issuing passbooks withor_Lt considering the objections, petitioner would suffer great hardship. 3 CVBR, J wp_5441 2025 .,,4 3, Considered the submissions of the learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.l to 4 and with their consent, this rvrit petition is bcing disposed of at thc admission stage. In view of the nature of relief sought for in this rvrit petition, issuance of notice to the unof[lcial respondents is dispensed with. Sri Rajagopallavan Tayi, learncd counsel for the petitioner

4. has submitted that the judgment and decree in O.S.No.34 of 2O 1 1 obtained by the sisters of the petitioner's vendor, without impleading the petitioner as party defendant is not binding on him and placing reliance on the judgment of Full Bencl-r in Chinnarn Pandurangann a. Mandal Revenue O;fficer, Serilingampallg Mandal and. othersl, has submitted that before correction/ amendment/change of lhe revenue records, a notice has to be issued to the interesLed persons, u'hose names are reflected in the revenue records. Learned Assistant Government Pleader for Rcvcntle has 5- not disputed that as per the judgment of Full Bench of tliis Court in Chinnam Pandurann (1 supra), the persons, whose names were recorded in the revenue records are entitled to receive notice and submit their objections' ' AII{ 2oo8 AP I5 ( ( --.---.-. :' '--, 4 CVBR, J Wp 5441 2025 In '",ier.l, of the above submissions, this Court is of the opinion that the ends of justice noulcl be met if responclent No.4

6. is dirccted to issuc notice to tl-re petitioner belore considertng Lhc application submiltcd bJ, r,:spondcnt Nos.S and 6 seeking for rnutation, amcnclment of thc revenue records and consequcntial issuancc of pattadar pass book basing on Lhe final decrce in O.S.No.34 of 20 I 1 on the file of the principal District Judge, Sangareddy and aftcr considering the objections submitted by the petitioner. pass appropriate orders strictly in accordancc with the provisions of the Teiangana Rights in Land and Pattadar Passbooks Act,2O2O. 7. With the above observations, this Writ petition is disposed of. There shall bc no orcler as to costs. 8. As a sequel, the miscellancous petitions pending, if any. shall sLanci closec1. //TRUE COPY// SD/- K. AMMAJI DEPUTY REGISTRAR Aa- rUru orrrcEn SEC The Principal Secretary, Revenue Department, Secretariat, T.S.,Hyderabad The District Collector, Sangreddy District. The Revenue Divisional Officer, Ramachandrapuram [t4andal Sangareddy District. The T^atrsildar, T-"]l.u!lr.r, Ra1rycha1!lqpgram [\/andal Sangareddy District. One CC to Ms. IVIADHAV| ?R!Y4 IVANTENA, Advocate tOpUCI' Two CCs to GP FOR REVENUE ,High Court for the Stat-e of Telangana at Hyderabad [OUT] Two CD Copies To, 1 2 .1 4 5 f) 7 B N/ GJP .1 CA€ HIGH COURT DATED:2510212025 ORDER WP.No.5441 of 2025 /, .) O liiE Sf4 14: a.' 2 5 AUE 2025 t D DAt a\ '' DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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