High Court · 2025
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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 an appropriate writ, order or direction, or a Writ in the nature of Mandamus, to declare the action of the 2nd respondent in passing cryptic order dated Nil, rejecting our application No.24000987.t6, dated 19.09.2024 without assigning reasons, as being illegal, arbitrary, contrary to principles.of natural justice and f air play, and consequently set aside the same, directing the 2nd respondent to pass speaking order after hearing the petitioners as well as unofficial respondents, as directed in writ petition No. 29134 of 2024 vide order dated 22.10.2024. I.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 pending disposal of the main writ petition, the o*icial respondents to dispose of our application No.2400098716, dated 19.09.2024 by entering our names in revenue records in respect of in an extent of land in an extent of Ac.z1-22 guntas, in survey No.94, Karvelli Viltage, Pudur Mandal, Vikarabad District, by deleting the legal heirs of our vendor - respondents 5 to 14 in Dharanti portal. Counsel for the Petitioners : SRI VONJARI RAJA SHEKAR REDDY VENKAT RAM REDDY Counsel for the Respondent Nos.1 to 4 : AGp FOR REVENUE Counsel for the Respondent Nos.S to 14 : -- The Court made the fotlowing ORDER HON'BLE SRI JUSTICE C.V. BIIASKAR REDDY ORDER: WRIT PETITION No.6463 of 2o.25 It is stated that the petitioners are the owners and possessors of the land admeasuring Acs.2 1.22 guntas in Sy.No.94 of Karvelli Village, Pudur Mandal, Vikarabad District, having purchased the same through registered sale deed bearing document No. 1316 of 1986, dated 24.02.1986. It is further stated that the name of the petitioners' vendor was recorded in the revenue records as pattadar and therefore, basing on the registered sale deed, they have made online application, dated 19.O9.2O24 seeking for mutation of their names in the revenue records and consequential issuance of pattadar pass book. It is further stated that when the said application was not considered, the petitioners were constrained to institute W.P.No.29134 of 2024 and by an order, dated 22.10.2024, this Court while disposing of the said writ petition directed the respondent authorities to consider the said application and pass appropriate orders in accordance with law by putting the petitioners and the unofficial respondents therein on notice and affording them an opportunity and if the respondent authorities are not inclined to accept the request made by the petitioners, they shall pass an order assigning 2 CVBR, J Wp_6463 2025 specific reasons and communicate the same to the petitioner within a period of eight (O8) weeks from the date of receipt of a copy of the said order. The grievalce of the petitioners is that even after the specific directions issued by this Court that if the petitioners are not entitled for issualce of pattadar pass book pass a reasoned order, the respondent authorities have rejected the said applicalion without assigning any reasons.
2. Considered the submissions of the leamed counsel for the petitioner and Sri L.Ravinder, learned Assistant Governftient Pleader for Revenue appearing for respondent Nos.l to 4 ald with their consent, this writ petition is being disposed of at the admission stage. In view of the nature of relief sought for in this writ petition, issuance of notice to the unoflicial respondents is dispensed with.
3. Learned counsel for the petitioners has vehemently contended that the entries made in the pattadar passbook are only compilation of the survey numbers and the accounts for the extent being mentioned in a particular village, therefore, it does not take away the right of the petitioners in any manner unless the entries in the revenue records have been corrected by following due procedure. J CVBR, J Wp_6463 2025
4. Sri L.Ravinder, learned Assistant Government Pleader for Revenue has not disputed the submission of the application by the petitioners seeking for mutation ard issuance of pattadar passbooks under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short "the Act 9 of 2O2O") and its rejection without assigning reasons.
5. This Court has carefully examined the impugned order passed by respondent No.2 rejecting the application submitted for mutation and consequential issuance of pattadar passLiook. I Except stating that the application submitted by the petitioners is rejected by Collector, no valid reasons whatsoever have been assigned to enable the petitioners to take appropriate action. Since the impugned order passed by respondent No.2 is not in consonance with the principles of natural justice, the same is liable to be set aside and accordingly, the same is set aside and the respondent authorities are directed to re-examine the application No.24OOO98716, dated 19.O9.2024 submitted by the petitioners and if they are otherwise eligible and entitle and fulfilt all the requirements mentioned in the circular instructions issued by CCLA uide Circular No.1 of 2021, dated l5.Ol.2o2l and Circular No.1 of 2024, dated 2a.O2.2O24, I I 4 CVBR, J wp_6463_2025 consider the same and pass a reasoned order in accordance with law ald communicate the same to the petitioners, 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 allowed. There shall be no order as to costs
7. As a sequel, the miscellaleous petitions pending, if any, shall stand closed. //TRUE COPY// SD/. A. SREENIVA.SA REDDY A SI TANT REGISTRAR x '{secnoN oFFrcER The Principal Secretary to Revenue Department, B.R.K.R. Complex, Tank Bund Road, State of Telangana at Hyderabad 500 OO1. The District Collector, Vikarabad District. The Chief Commissioner of Land Administration, Nampally Station Road, Opposite. Annapurna Hotel, Hyderabad. The Tahsildhar, Pudur Mandal,Vikarabad Division, Vikarabad District. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] One CC to SRI VONJARI RAJA SHEKAR REDDY VENKAT RAM REDDY, Advocate [OPUC] Two CD Copies To 1 2 3 4 5 6
7. SA s I I I HIGH COURT DATED:0410312025 ORDER WP.No.6463 of 2025 a. ( q ) t Z C, 12 \E S r.'{r( 2:r iill,l ?l'5 t 0g5p4i (.\i i ALLOWING THE W.P WITHOUT COSTS. g)"'t" W(