Mudham Lalitha v. The State of Telangana

Petition under A(icle 226 of lhe Constitution of lndia praying that in the circumslances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order o!'direction more particularly one in the nature of Writ of Mandamus or any other appropriate order declaring the lnactlon of the respondents in not rectifying the erroneous recogding of petitioner's agricultufe 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/E situated at Solakpalli Village, Jinnaram Mandal, Sangareddy Drstrict (old Medak District) as illegal, arbitrary and in vlolation 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 '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, ine Higt, 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 :-l petitioner's agriculture land admeasuring Ac 0-28 gts in Sy.No.753/E situated at Solakpalli Village, Jinnaram Mandal, Sangareddy District by considering the Dharni Application No. 2300075049 dt.28.04.2023 , as otherwise petitioner stand to suffer serious hardship and irreparable loss and injury. Counsel for the Petitioner: SRl. N MANOHAR Counsel for the Respondents: GP FOR REVENUE The Coqrt made the following: ORDER I THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.6618 of 2o25 ORDER: This writ petition is filed seeking foilowing 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 Mandamus or any other appropriatc order declaring the inaction of the respondents in not rectifying the erroneous recording of petitioner's 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/E 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 Tclangana Rights in l-and & Pattadar Pass Books Act,,2O2O, consequently direct the respondents to rectify the same in the new pattadar pass book as well as in the Dharani Portal, and pass such other ordcr or orders as this Hon'ble 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 an extent of Acs. 0.28 guntas in Survey No.753/E along with other su rvey numbers, situated at Solakpalli Village, Jinnaram Mandal, Medak District (for short, the subject landJ, having purchased the same under a registered sale deed uide Dccument No. 1352 of 2001 dated 09.05.2001 . It is further stated that the name of the petitioner was mutated in the revenue records along with other survey numbers and she was issued old pattadar passbook and title deed ui-de Katha No. 1293 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short, 'the ROR Act, 1971) showing the nature of land as patta land'. It is further stated that new pattadar passbook uide Passbook No.T0906O070918 with Katha No.1293 has been / 2 CVBR, J W.P.No.6618 of 2025 j issued to the petitioner under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O (for short, 'the ROR Act, 2O2O) uide Passbook No.TO9060070918 with Katha No. 1293 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 land' instead of 'patta land'. The grievance of the petitioner is that she made an application in Dharani Portal on 28.04.2023 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. Learned counsel for the petitioner vehemently contended that describing the nature of the subject land of the petitioner to that of an 'assigned land' instead of 'patta land' in the new pattadar passbook as well as in Dharani Portal is illegal and arbitrary as no notice has been issued to the pefitioner and in fact, the sale deed bearing Document No.l352 of 20Ol dated 09.05.2001 was entertained by the Sub-Registrar and pattadar passbook and title deed were also issued to the petitioner uid.e Katha No.1293. It is fairly submitted by learned counsel for the petitioner that petitioner is a bona fide purchaser and having entertained the sa-le deed for the subject lar,d uide Document No. 1352 of 2OO1 dated O9.05.2OO1 and issued earlier pattadar passbook uide Kath.a No.1293, respondents at this I I 7 3 CVBR, J W.P.No.6618 of 2O25 Iength of time are not entitled to classily the nature of the land as 'assigned lald' instead of 'patta land'.

5. Prima facie, it appears, from the record that the pattadar passbook has been issued in the year 2Ol0 classifying the nature of the subject land as 'patta land'. Whiie issuing electronic pattadar passbook uide Passbook No.T09060070918 u,ith Katha No. 1293 and in Dharani Porta.l, the subject land was shown as 'assigred Ia-nd' instead of 'patta land'. No reasons are forthcoming from the Tahsildar as to why the subject land of the petitioner has been classified as 'assigrred land' while issuing' the new pattadar passbook uide Passbook No.T09060070918 with Katha No. 1293. These issues pima facie requires to drav 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, tne bona ftde purchaser has not to suffer and it is not the intention of the Legislature while enacting the Telangana Assigned l,ands (Prohibition of Transfers) Act, 1977 to cause hardship to the bona fide purchasers or the original pattadars for classifying the nature of the lands from patta lands to assigned lands.

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. 1352 of 2001 dated 09.05.2001 and also call for the report from the oflice of 4m respondent-Tahsildar for mutation t t I 4 t\ CVBR, J W.P.No.6618 of 2O25 and consequential issuance of the pattadar passbook uide Katha No.1293 and classifying the subject land in new pattadar passbook uide Passbook No.T09060O70918 with Katha No. 1293 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 Collector 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 rectify 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"0 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 shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed. //TRUE COPYII SD/.K. SREE RAMA MU THY DEPUTY REG SECTION FFICER The Principal Secretary Revenue, Secretariat Buildings, Hyderabad. The District Collector, Sangareddy District at Sangareddy The Revenue Divisional Officer, Sangareddy Division, Sangareddy District The Tahsildar, Jinnaram Mandal, Sangareddy District One CC to SRl. N MANOHAR Advocate [OPUC] Two CCs to GP FOR REVENUE ,High Court for the State of Telangana. Two CD Copies b \ \ To, 1 2 J 4 5 6 7 KKS BS t!-..;t: . t .l L HIGH COURT DATED:0510312025 ORDER WP.No.6618 of 2025 H S r€ tr nPn ffi o v t i''^ ic i DISPOSING OF THE WRIT PETITION WITHOUT COSTS d"'w