Asthi Lasumaiah v. State of Telangana

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 toto issue writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in issuing the 'l38 and 13C certificate vide RC No. B/ROR/2020 dated 21 .8.2o2O in favour of the respondent No.4 without issuing any notice and following the due process and in refecting the application vide Proc No. D'1/652/2022 dated 7.12.2022 by the respondent No.2 for Digital signature and incorporate the name in the pass books for the land in survey No. 40/1/1 extent 2.1 2 gts situated at Vallkonda village, Kagaznagar Mandal, Komuram Bheem Asifabad District even even though admitting that the sadabainama paper claimed by the respondent No.4 that the sellor name was not recorded as pattadar at the time agreement transactions as well as subsequent proceedings issued by the tahasildar are liable for cancellation but directed the petitioner (instead of respondent No. 4 to approach the civil court even though the name of the petitioner is reflecting in dharani portal as pattaar as arbitrary and illegal and contrary to the provisions of the Telangana Record of rights in land in pattadar pass books Act 2020 and consequently set aside the same and direct the respondent No 2 include the land in survey No 40/1/1 extent ac 2.12 gts in E pass books. G--r--7 lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the r ircumstances stated in the affidavit filed in support of the petition, the High Corr t may be pleased to direct the respondent No. 2 to include the land in survey llo. 401111 extent Ac 2.12 gts situated at Vallkonda village, Kagaznagar Manc i l, Komuram Bheem Asifabad District in E pass books by suspending the 138 :ertificate issued by respondent No.3 vide RC No. B/ROR/2020 dated 21 .8.202C pending disposal of the above writ petition. Counsel for the Petitioner: SRI GUDI MADHUSUDHAN REt) )Y Counsel forthe Respondent No.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: SRI K. GOPAL The Court made the following: ORDER !@-!ry THE HONOURABLE SRIJUSTICE E.V. VENUGOPAL WRIT PETITION No.7006 of 2023 ORDER: This writ petition is filed seeking following reliet " to issue writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in issuing the l38 and l3C certif-rcate vide RC.No.B/ROR/2020, datd 21.8.2020 in favour of the respond€nt No.4 without issuing any notice and following the due prDc€ss and in rejecting the application vide Proc.No.Dl/6521l2022, datd 7.12.2022 by the respondent No.2 for Digital signature and incorporate the name in the pass book for the land in suwey No.zl0ll/l exlenl 2.12 91s., situated at Vallkonda village, Kagaaagar Mandal, Komuram Bheem Asifabad District even though admitting that the sadabainama paper claimed by the respondent No.4 that the seller name was not recorded as pattadar at the tim€ agreement transactions as well as subsequent proceedings issued by the Tahsildar are liable for cancellation but directed the petitioner instead of responde;nt I.{o.4 to approach the civil court even though the name of the pa.itioner is reflating rn Dharani portal as pattadar as arbitrary and illegal and contrary to the provisions of the Telangana Record of rights in land in Pattadar Pass Books Act, 2020 and consequently set aside the sarne and direct the respordent No.2 include the land in survey No.40/l/l extent Ac.2.l2 gls., in E-Pass book..."

2. Leamed counsel for the petitioner would submit that petitioner is absolute owner and possessor of land admeasuring Ac.2.l L- ggntas ln Suwey No.40/l/l situated at Vallakonda Village, Kagaznagar Mandal, Komarambheem Asifa lad District ('subject land' for brevity) which has been succeerl :d from his ancestors. The name of the petitioner has been re{[, 'cted in the revenue records and also in the dharani portal bul cass books were not issued thereby the petitioner filed W.P.l,l 1.27002 of 2021 which was disposed of by directing the respon,l :nt No.2 to consider the application for issuance of pattadar pal;l books for the subject land and thereafter, respondent No.2 ras issued pattadar pass books for the land in Survey No.39l1/1 t ) an extent of Ac.2.11 guntas. He would further submit that tht petitioner has made representation requesting to implement the order passed ln W.l'.No.27002 of 2021 and he ha-s rlso filed application Vide No.GLM22000019564 and in pursua.rce of the same, the petitioner attended along with all relevant ( ocuments stating that he not sold any land in SurveyNo.4D/lll tc an extent of Ac.2.l2 guntas and requested for E Pattadar Pir s Books Respondent No.4 has not attended the enquiry but h,: husband attended and alleged that application for regulari:ation of sadabainama is filed and the Tahsildar has issued p:, ,ceedings under l3B manually. 'FtrEFrT

3. Leamed counsel for the petitioner would further submit that without issuing any notice and without following due process as contemplated under law and without complying the orders of this Court in W.P.No.27002 of 2001, respondent No.2 issuing proceedings dated 07.12.2022 is not only perverse but is against the law. Hence, would seek to set aside the order dated

07.12.2022 and to direct the official respondents to include the land of the petitioner to an extent of Ac.2.l2 guntas in Survey No.40/l/1.

4. Learned counsel for respondent No.4 would submit that the subject land has been acquired by respondent No.4 from the petitioner by paying valuable sale consideration through Sada Bainama dated 16.04.2017 which is subsequently regularized under Section 5,{ ofTelangana Rights in Land and Pattadar Pass books Act, l97t(ROR Act, l97l for brevity). Taking advantage of pendency of incorporation of respondent No.4's name in the revenue records, petitioner has filed a representation dated

05.03.2021, for issuance of pattadar pass books for the subject land.

5. trarned Assistant Govemment Pleader for R,),enue would submit that petitioner and respondent No.4 hrr got every opportunity to approach the competent civil Court t nd the order of Civil Court after conducting trial is binding on the revenue authorities. '[hus, would seek to dismiss the writ pet: rion.

6. Having heard the learned counsel for the petiti< ner, leamed counsel for respondent No.4 and leamed Assistant iovernment Pleader for Revenue, this Court cannot decide lre disputed questions of fact and accordingly, deems it a1ll rropriate to relegate the parties to approach the competent civil (l rurt to work out their remedies as contemplated under law. I{c wever, it is made clear that this Court has not made any observa ions on the merits and demerits of the case, 7 With the above directions, this writ petition is < isposed of. No costs. As a sequel, miscellaneous applications if any, stir rds closed. //TRUE COPYII SD/.I( BHAVANISWAMY ASSI: TANT REG]STRAR '';:a) ;ECTION OFFICER $:,3,:?i;ifl;:::Bffl Revenue Department' State or re ansana, . lE Fptritir6,itt $q$.itrffi tI6tT.ii#slr iBE,"r 9ne 99 to SRt K GOPAL, Advocate icipilc-r" " '* . I wo CCs to Gp FOR RFVENUE, High Court,for the State r f Telangana Lourl - To, 1 2 3 4 5 6. /1); HIGH COURT DATED: 1 3 t1Ot2O2S ORDER WP.No.7006 of 2023 ( I )R s A t I [ 3 il[8 ?r|2s L E)}. t TC DISPOSING OF THE WRIT PETITION WITHOUT COSTS [0 Vt 1/