High Court · 2025

n+#*,g*i.u{infflum'r}*fiH*ffi ,,.," 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' oroer or direction more particularly one in the nature of writ of Mandamus decraring the action of the 5th respondent in not taking any action on the representation of the petitioner daled 1111112024 for making ":::::::: entries in revenue records and issuance of pattadar passbooks to the petitioner tn respect of Agiicultural Land in Sy No 101' admeasuring Ac O-20 gts ' situated at Kukkadam Viltage' Madug'tapatty ttitanOul' Nalgonda District' inspite of 3rd respondent issuing Lr'No oi 316812024' dated 13111t2o24' directing to take action on the same within 7 days as highry iflegar, arbitrary and violative of principles of natural iustice, apart from viotative of Article 300-A of the Constitution of lndia' consequently direct the respondents to forthwith take action on the representation of the petitioner daled 1111112024' lA NO: 1 OF 202!, Petitic,n rrcerr Section 151 cpc praying that in the circ.rmstrances stated in the affidavit "ilerd r support of the petition, the High court may be p eased to direct the respondr:nts tl forthwith take action on the representatiln o,the petitioner dated 11.11.2(t2tl ty recording the name of the petrtioner in all rt,:venue records and issue pirttr:da' passbooks and tifle deeds in respecl of ,Agric,ultural Land in Sy.No. 101 , arl reasuring Ac.O-20 gts., situated at l(ukk:rdam Village, Madugulapally Va,rJat, Nalgonda District, pending disposal of the writ petition. Counsel for the F,(|titioner: SRI SUMAN KUMAR BALIJEPALL I Gounsel for lthr:. FIrr;pondents: GP FOR REVENUE The Gourt made tl er following: ORDER l i I) HON'BLE SRI JUSTICE C.V. BHASKAR REDDY SIRIT PETITIO N No.556 9 of2025 ORDER: This Writ Petition is filed praying this Court to declare the action of respondent No.5 in not considering the application' dated 1 l.ll.2024 submitted by the petitioner seeking necessary entriesinrevenuerecordsandconsequenLialissuanceof pattadar passbook to the petitioner in respect of agricultural land in Sy.No. iO 1, admeasuring Ac O-20 guntas' situated at Kukkadam Village, Madugulapally Mandal' Nalgonda District' as illegal, arbitrary and unconstitutional' It is stated that the petitioner herein is the absolute owner 2. and possessor of the agricultural land admeasuring Ac'O-2O guntas in Sy.No.lOl, situated at Kukkadam Village' Madugulapally Mandal, Nalgonda District Petitioner had purchased the aforesaid land through registered sale deed It is further stated that bearing document No 1534 ot 197 l ' the petitioner had made an application dated 21 'O8 '2023 ar,d acting on the said application a joint survey was conducted by the surveyor and Revenue Inspector on 15'09 '2023 and the survey report shows that in the year 1971 the petitioner had pfrehased the subject land through registered sale deed' The 1 ..] 2 C\4]R, J \Vp 5569 2025 petitione r \1,i s constrained to make a representzrtior to 2nd respondcn :jr 1 ]1 1 1.2024 to make necessary entrie: of the subject lartrj tr Dharani and to issue pattadar pasr;boc,ks. The said reple:iell ,rrtion was taken on file and 3,d respondr.nt vide Lr.No.D/ 3168 t2024, dated 13. 11.2024, directed 5,h re51.,6ndsn1 to enquir: nl.(, the matter and take action as per th( Ru es and under pr,tp :r i etimation to the petitioner within 7 dar s. The grlevance r,l the petitioner is that even after recr:rpt of the directions sr;'led by responcient No.3 uid.e 73.71.2024. tL r. respondent authorities did not let.er, dated co rstd er the Con:;irlc:-r:r1 the submissions of the learned colrnsel lor the respective pi,rr1.i3s and with their consent, this u,rtt lctition is being dispos, .d or' at the admission stage.

4. Sri L.R,t,,i..:der, learned Assistant Government plezLd,:r for Revenue a1rp,:a r i rg for the respondents has subrnitt r:d t rat if the petitiorrc ltas purchased the property through reqistered sale deed, asr p : r Sectio n 4 of the ROR Act, 1971, I_rc shall rntimate in *.r ituL11 his acquisition of such right, to the l.ahsildar within thirtl-rla.,,r; from the date of such acquisition. 3 CVBR, J Wp_5569 2025

5. A careful reading of the contents of the affidavit filed in support ol the writ petition would reveal that the petitioner has purchased the subject property in the year 1971 and nearly after a lapse of more than 50 years, the petitioner is said to have submitted representations requesting the authorities to amend the revenue records and issue pattadar passbooks under the provisions of the ROR Act 7971. The Hon'ble Supreme Court, while dealing with the issue 6. relating to undue delay and laches, in the case of State of Maharashtra vs. Digambarl, observed as under:- "A three-Judge Bench of this Court in Maharashtra State Road Transport Corporation v. Shri Balwant Regular Motor Service, Amravati & Ors. [1969 (i) SCR 8O8], reiterated the said principle of laches or undue delay as that which applied in exercise of power by the High Court under Article 226 of the Constitution. Therefore, where a High Court in exercise of its power vested under Aricle 226 of the Constitution issues a direction, order or writ for granting relief to a person including a cttrzrcrl without considering his disentitlement for such relief due to his blame-worthy conduct of undue delay or laches in claiming the seme, such a direction' order or.writ becomes unsustainable as that not made ' lrsss; suee r scn I I cVut{. l \\ - 5569 ]015 ju<lir ,o -r sly and reasonably in exercise of its sor nd jurtic ia: Jiscretion, but as that made arbitrarili'' x.( 'i Thu.,. \/ ren the writ petitioner (respondent he-e) r"25 guilt'r r' laches or undue delay in approachllg the High CcLr, t. lt-e principle of laches or undue delalr adr':rter to abor : r isentitled the writ petitioner (responcl{rnt here) fcrr dir;c'.eti, r-rary relief under Article 226 of the (lons tltur ion fr<rn' 11 r' High Court, particularly, when virtu ally n<; ati-cr 1[)1 rad been made by the writ petitionrr to exp ain his r,1:r-re- worthy conduct of undue delay or laclres lhc Higlr t,'t rlrt, therefore, was wholly wrong in grantiag rrrlicf in r,l:tLon to inquiring into the allegation and 11ran inq ccmt)er sation for his land alleged to have bt:en rlsr:d for scar :i1r reliefroad works rn the year l97l-72 ." "

7. ln t[r,r case of Mrinomy Maity vs' Chhanrla liloley aud others2 tlL,: Hon'ble Supreme Court observed as r. nrler: "1'h s ( r,urt time ald again has held that clelal dcfr:ats erlu it . I)e1a1' or laches is one of the factors vrhicll sh' ruld b,: 'rrr r in mind by the High Court while o:ercir;ing d's( rol ( nary powers under Aiticle 2"26 of the Cor sril t tron of India. In a given case, the High Ct'urt tnal' rcfl se t,l invoke its extraord.inary powcrs if la-xitv on thc p l-. , t he applicalt to assert his right has allr's'c'd t he (2024) 4 ;cR :'06 'Z i I 5 CVBR, J Wp 5569 2025 cause of action to drift away ar]d attempts are made subsequently to rekindle the lapsed cause of action"

8. In the instant case, it is evident that the petitioner is not diligent in pursuing the matter by making application for issuance of pattadar pass books when the ROR Act, 1971 was in force. Admittedly, the ROR Act, 1971 has been repealed and replaced with the Telangana Rights in Land and Pattadar iass Books Act, 2020. At this belated stage, if the application submitted by the petitioner is considered, it would not only cause hardship to the persons who are enjoying the subject property but would also disturb the settled position over the said property.

9. Therefore, the writ pelition filed by the petitioner is misconceived and the same is accordingly dismissed. There shall be no order as to costs. As a'sequel, the miscellaneous petitions pending, if any, shall stand closed. SDI K, AMMAJ D PUTY REGTSTRAR //TRUE COPY// To 1 2 3 PSK. BM ?,lS33J?i$?'J[T=['=XtE,',+hl,,83#"1't"J"'El3 Hyderabad. [OUT] Two CD CoPies v ECTION OFFICER toPUCl of Telangana' at t j, HIGH COI,,RT DATED:1l5it02t2O2S ORDER WP.No.5ti6() of 2025 DISMISSIT.IG THE WRIT PETITION WITHOUT C(]STS

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