Bharati Naik Nenavath v. The State of Telangana and 3 others, Rep

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, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent No. 2 & 3 in deleting the name of the respondent No. 4 in the revenue records and cancel the Pattadar pass book in respect of the land in Sy.No.1B2lAA, to an extent of Ac.4-07gts situated at Gajinagar, Kondamallepalli Mandal, Nalgonda District by restoring the name of petitioner in the revenue records as illegal, arbitrary, unconstitutional, violative of Article 14, 21 , 300-4 of the constitution of lndia and consequenily direct the respondents No.2 & 3 to delete the name of the 4th respondent by restoring the name of the petitioner and issue Pattadar pass book duly updating in Dharani Portal in respect of the above mentioned land. lA NO: 1 OF 2023 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 pleased to direct the respondents No.2 and 3 not to entertain any further transactions /registrations against the land in Sy.No.'lB2/AA, to an extent of Ac.4- 07gts situated at Gajinagar, Kondamallepalli Mandal, Nalgonda District, pending disposal of the writ petition. Counsel for the Petitioner : SRI PONNAM ASHOK GOUD Counsel for the Respondents No.1to3 : ASST. GP FOR REVENUE Counsel for the Respondents No.4 : SRl. R.A.CHARI The Court made the following: ORDER ^ ORDER: HON'BLE SRI WSTICE C.V.BHASKAR REDDY U/RIT PETITION No.6547 of 2023 This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following reliel "....to issue o Wit, Order or Direction more particularlg one in the noture of Wfi of Mandqmus declaring the inaction of the respondent Nos.2 and 3 in deleting the name of the respondent No.4 in the reuenue records and concel the Pattadar pass book in respect of the land in Sy.No.l82/AA to an ertent of Ac'4 O7 gts sitiated at Gajinago4 Kondamallepalli Manda| Nalgonda Distict by restoing the name of petitioner in the reuenue records as illegal arbiirary unconstitutional uiolatiue of Articles 14, 21 and 3o'oA of the constitution of India and consequentlg direct tLe respond-ents Nos.2 and 3 to delete the name of the 4th respondent bg restoing the name of the petitioner and issue Pattadar pass book dulg updating in Dharani Portal in respect of the aboue mentioned land...."

2. Considered the submissions of the learned counsel for the respective parties and perused the record' It is the case of the petitioner that she is the owner and 3. possessor of lands admeasuring Acs.4-07 guntas in Sy.No. 182/AA situated at Gajinagar, Kondamallepalli Mandal, Nalgonda District, and the revenue authorities have mutated her name in the revenue records and also issued pattadar passbooks arrd title deeds in her favour, and she is also receiving various incentives as investment subsidies sanctioned by the , 2 Government under various schemes for cultivation of her lands. The grievance of the petitioner is that by falsely claiming that she expired and by submitting the false and fabricated documents before the revenue authorities, respondent No.4 got mutated his name in the revenue records in respect of the subject property, ald on knowing the same, she submitted number of representations before the respondent authorities requesting to delete the name of respondent No.4 and to restore her name in the revenue records in respect of the subject property, but till date no action has been taken by the respondent authorities.

4. Learned counsel for the petitioner vehemently contented that respondent No.3-the Tahsildar has not issued any notice under Section 5(3) of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the Act, 197 L') to the persons, who are in possession ofthe subject property; and under Rule 26 Sub-rule (6) of the Telangana Rights in Land and Pattadar Pass Books Rules, 1989 (for short, 'the RoR Rules'), pattadar pass books shall be issued only to those who are in actual possession of the land and as such, respondent No.4 is not entitled for issuance of pattadar pass books and title deeds in his favour, therefore, the said action on the part of respondent No.3 n I I 3 arnountstoviolationofthelawlaiddownbythisCourtin Chinnam Pandurangam v. Mandal Revenue Officer' Serilingampally Mandal & othersr, wherein this Court has observed that before initiating any proceedings, a notice has to be issued to all the interested persons over the subject property.

5. Learned Assistant Government Pleader for Revenue appearing for respondent Nos'1 to 3, submitted that relying upon the documents produced by respondent No'4, the respondent authorities have mutated the name of respondent No'4 in the revenue records. It is further submitted that if respondent No'4 is not eligible for issuance of pattadar passbooks in his favour' the respondent authorities will conduct fresh enquiry in accordance with law for cancellation of the passbooks issued in his favour. In view of the above, the mutation orders and the 6. consequential entries made in the revenue records in respect of land admeasuring Acs.4-O7 guntas in Sy'No'182/AA situated at Gajinagar, Kondamallepalli Mandal, Nalgonda District, in favour of respondent No.4 are set aside. Further, respondent No'3 is directed to conduct a detailed enquiry, after issuance of notice to r, eIR zoo8 AP t5 4 the petitioner and respondent No.4 and pass appropriate orders in accordance with law, within a period of two (2) months from the date of receipt of a copy of this order. 7 . With thc above observations, this Writ Petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPYII To, SD/. K.SREERAMA MURTHY ASfl\sIe!,JI ll\l \, SECTION OFFICER I.-EGISTBAB _ / Telangana, Hyderaba<i 1 The Principal Secretary, Revenue Department, Secretariat, State of 2. The District Collector, Nalgonda District. 3. The Tahsildar, Joint Sub Registrar, Kondamallepalli Mandal, Nalgonda 4 One CC to SRt PONNAM ASHOK GOUD, Advocate. [OpUC] 5. One CC to SRt R.A.CHAR|, Advocate. tOpUCI 6. Two CCs to Gp FOR REVENUE, High Court for the State of Telangana District. louTl

7. Two CD Copies s BSK GJP HIGH COURT DATE D : 1 010212025 g1 A'TE Op $, t\ \\\\ Es + ) o () t t,E.!lP A2 ORDER WP.No.6547 ot 2023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0rw'' \.r