✦ High Court of India · 05 Mar 2025

High Court · 2025

Case Details High Court of India · 05 Mar 2025

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 more particularly one in the nature of Writ of lvlandamus or any other appropriate order declaring the inaction of the respondents in not rectifying the errbneous recording of petitioners agriculture land as assigned land in the new pattadar pass book and ceiling patta in the Dharni portal, instead of patta land, in respect of agriculture land admeasuring Ac 0-28 gts in Sy.No.753/A situated at Solakpalli Village, Jinnaram Mandal, Sangareddy District (old Medak District) as illegal, arbitrary and in violation of principles of natural justice and contrary to the provisions of Telangana Rights in Land and Pattadar Pass Books Act, 2020, consequently direct the respondents to rectify the same in the new pattadar pass book as well as in the Dharani Portal. 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 direct the respondents to rectify the nature of land as patta land instead of Assigned land in the new pattadar pass book and ceiling patta in Dharni Portal in respect of petitioners agriculture land admeasuring Ac 0-28 gts in Sy.No.753/A situated at Solakpalli Village, Jinnaram Mandal, Sangareddy District by considering the Dharni Application No. 2300075081 d1.28.04.2023, as otherwise petitioner stand to suffer serious hardship and irreparable loss and injury. Counsel for the Petitioner: SRI N.MANOHAR Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRJT PETITION No.6688 of 2025 ORDER: This writ petition is filed seeking following relief: "For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue an appropriate writ order or direction more particularly one in the nature of Writ of Maldamus or any other appropriate order declaring the inaction of the respondents in not rectifying the erroneous recording of petitionert agriculture land as assigned land in the new pattadar pass book and ceiling patta in the Dharni portal, instead of patta land, in respect of agriculture land admeasuring Ac O-28 gts in Sy.No.753/A situated at Solakpalli Village, Jinnaram Maldal, Sangareddy District (o1d Medal< District) as illegal, arbitrary arrd in violation of principles of natural justice and contrary to the provisions of Telangana Rights in La-nd & Pattadar Pass Books Act, .2O2O, consequehtly direct the respondents to rectify the same in the new pattadlr pass book as well as in the Dharani Portal, and pass such other order or orders as this Hontrle Court may deem fit and proper in the circumstances of the case."

2. It is stated that the petitioner is the absolute owner and possessor of agricultural land admeasuring to ar extent ofAcs. 0.28 guntas in Survey No.753/A along with other survey numbers, situated at Solakpalli Village, Jinnaram Manda,l, Medak District (for short, 'the subject landJ, having purchased' the same under a registered sale deed uide Document No. 1351 of 2OOl dated 09.05.2OO I . It is further stated that the name of the petitioner was mutated in the revenue records along urith other survey numbers and she was issued old pattadar passbook and title deed uide Katha No.1294 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short, the ROR Act, 197).) shov/ing the nature of land as 'patta land'. It is further stated that new pattadar passbook has been issued to the petitioner under the provisions of the 2 CVBR, J W.P.No.6688 of 2025 Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short, 'the ROR Act, 2O2O) uide Passbook No.TO9060070919 with Katha No. 1294 wherein the subject land of the petitioner was shown as 'assigned land' instead of 'patta land' and even in Dharani Portal, it was shown as 'assigned lald'instead of 'patta land'. The grievance of the petitioner is that she made an application in Dharani Portal on 28.O4.2023 for rectification of the same, but no action was taken by the respondent authorities.

3. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is disposed of at the admission stage.

4. Leamed counsel for the petitioner vehemently contended that describing the nature of the subject land of the petitioner to that of arr 'assigred land' instead of latta landj in the new pattadar passbook as well as in Dharani Portal is illegal and arbitrar5r as no notice has been issued to the petitioner and in fact, the sale deed bearing Document No.1351 of 2001 dated O9.O5.20O1 was entertained by the Sub-Registrar and pattadar passbook and title deed were also issued to the petitioner urde Katha No. 1294. It is submitted by learned counsel for the petitioner that petitioner is a bona fide purchaser and having entertained the sale deed for the subject land uide Document No.1351 of 2001 dated O9.05.20O1 and issued earlier pattadar passbook uide Katha No.1294, respondents at this length of time 3 CVBR, J W.P.No.6688 of 2025 are not entitled to classifir the nature of the land as 'assigned land' instead of 'patta land'.

5. Pima facie, it appears from the record that the pattadar passbobk has been issued in the year 20lO classiflring the nature of the subject land as latta land'. While issuing electronic pattadar passbook uide Passbook No.T0906007O919 with Katha No. 1294 and in Dharani Portal, the subject land was shown as 'assigrred land' instead of 'patta land'. No reasons are forthcoming from the Tahsildar as to why the subject land of the petitioner has been classified as 'assigned land' while issuing the new pattadar passbook urde Passbook No.T09060O7O919 with Katha No.1294. These issues prima facie requires to draw attention of the District Collector to conduct a detailed enquiry for registration of the assigned lands and consequential issuance of the e-pattadar passbook, for the arbitrar5r action of the Revenue authorities, the bona fide purchaser has not to suffer and it is not the intention of the Legislature while enacting the Telangana Assigrred \ Lands (Prohibition of Transfers) Act, 1977 to cause hardship to the bona fide purchasers or the original pattadars for classifizing the nature of the lands from patta lands to assigrred lands. t I

6. Therefore, 2'd respondent-District Collector is directed to call for the records from the concerned office of the Sub-Registrar for entertaining the sale deed bearing Document No.1351 of 2OO1 dated O9.O5.2001 and also call for the report from the offrce of 4th respondent-Ta-hsildar for mutation ',. 4 CVBR, W.P.No.6688 of 2025 and consequential issuance of the pattadar passbook uide Katha No. 1294 and classiffing the subject land in new pattadar passbook uide Passbook No.TO9O60070919 with Katha No.1294 as'assigned land'. It is also needless to observe if any of the offrcers are found for irregular exercising of the power, the 2"d respondent-District Co1lector is directed to forthwith register a criminal case against those persons involved and if the nature of the subject land is not 'assigned land', he shall recti-ff the said entries by amending the revenue records and issue amended e-pattadar passbook to the petitioner showing the nature of the subject land as 'patta land' within a period of three (03) months from the date of receipt of a copy of this order. The 2"4 respondent-District Collector is directed to place a report on the file of the Registrar (Judicial-I) of this Court.

7. With the above observations, the Writ Petition is disposed of There sha,ll be no order as to costs. Miscellaneous applications pending, if any, shall stand closed. //TRUE COPYII SD/. MOHD. ISMAIL DEPUTY REGISTRAR / SECTIONbFFICER The Principal Secretary Revenue, Secretariat Buildings, Hyderabad, State of Telangana. The District Collector, Sangareddy District at Sangareddy The Revenue Divisional Officer, Sangareddy DiviSion, 56ngareddy District The T_ahsildar, Jinnaram Mandal, Sangareddy District One CC to SRI N.MANOHAR, Advocate fOplJCt Two CCs to GP FOR REVENUE, High C6urt foithe State of Telangana, at Hyderabad. [OUT] Two CD Copies To t i 1 n 1 4 5 6 7 PSK. b HIGH COURT DATED:0510312025 ORDER WP.No.6688 of 2025 '!ilt 9r4 0I Apit ztrs ,I. I ,J o \\c \% \r* DISPOSING OF THE WRIT PETITION WITHOUT COSTS Gro{* %-

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