✦ High Court of India · 05 Mar 2025

High Court · 2025

Case Details High Court of India · 05 Mar 2025
Court
High Court of India
Decided
05 Mar 2025
Bench
Not available
Length
1,497 words

Petition under Article 226 ot lhe 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 Mandamus or any other appropriate 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/AA 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 petitioner's agriculture land admeasuring Ac 0-28 gts in Sy.No.753/AA situated at Solakpalli Village, Jinnaram Mandal, Sangareddy District by considering the Dharni Application No. 2300075123 dt.2810412023, 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 IVRIT PETITION No.6666 of 2025 ORDER: This writ petition is frled seeking following reiief: "For the reasons stated in the accompanying atnda\rit, 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 appropriate 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 lald, in respect of agriculture land admeasuring Ac O-28 gts in Sy.No.753/AA 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 & 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 Honble 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/AA along with other survey numbers, situated at Solakpalli Village, Jinnaram Mandal, Medak District (for short, the subject landJ, having purchased the same under a registered sale deed urde Document No.1353 of 2OO1 dated O9.O5.20O1. tt 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 uide KatJta No.1291 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short, the ROR Act, 1971J showing the nature of land as batta land'. It is further stated that new pattadar passbook has been issued to the petitioner under the provisions of the CVBR, J W.P.No.6666 of 2025 2 Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short, 'the ROR Act, 2O2O) uide Passbook No.T09O6OO70917 with Katha No. 1291 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.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. 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 arbitrar5r as no notice has been issued to the petitioner and in fact, the sale deed bearing Document No.1353 of 2O01 dated 09.O5.2001 was entertained by the Sub-Registrar and pattadar passbook and title deed were also issued to the petitioner uide Katlrra No. 1291. 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.1353 of 2001 dated 09.O5.1001 and issued earlier pattadar passbook uide Kat}ra No.1291, respondents at this length of time 3 CVBR, J W.P.No.6666 of 2025 are not entitied to classifo the nature of the land as 'assigned land'instead of 'patta land'.

5. Prima facie, it appears from the record that the pattadar passbook has been issued in the year 2010 classiSring the nature of the subject land as 'patta land'. While issuing electronic pattadar passbook uide Passbook No.T09O60O7O917 with Katha No.1291 ald in Dharani Portal, the subject land was shown as 'assigned land'instead of 'patta lald'. No reasons are forthcoming from tJle Tahsildar as to why the subject land of the petitioner has been classilied as 'assigned land' while issuing the new pattadar passbook uide Passbook No.T09060O7O917 with Katha No. 1291. These issues prima facie requires to draw attention of the District Collector to conduct a detailed enquiry for registration of the assigned lalds and consequential issuance of the e-pattadar passbook, for the arbitrar5z 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 Telarrgana Assigned \ \ Lands (Prohibition of Transfers) Act, 1977 lo cause hardship to the bona fide purchasers or the original pattadars for classiffing the nature of the lands I from patta lands to assigned lands.

6. Therefore, 2od 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. 1353 of 2OOl dated 09.05.2OO 1 and a-lso call for the report from the office of 4th respondent-Tahsildar for mutation I I l 4 CVBR, J W.P.No.6666 of 2025 and consequential issuance of the pattadar passbook uide Katha No. 1291 and classifring the subject land in new pattadar passbook uide Passbook No.TO906007O917 with Katha No. 1291 as 'assigned land'. It is also needless to observe if any of the officers 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 recti$, 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 lald' within a period of three (O3) months from the date of receipt of a copy of this order. The 2'd 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. \ \ To //TRUE COPY// SD/- MOHO. ISMAIL DEPUTY REGISTRAR ,\ SECTIOilOFFICER

1. The Principal Secretary Revenue, Secretariat Buildings, Hyderabad, State of Telangana.

2. The Distriet Collector, Sangareddy District at Sangareddy 3. The Revenue Divisional Officer, Sangareddy Division, Sangareddy District 4. The Tahsildar, Jinnaram lVlandal, Sangareddy District 5. One CC to SRI N.MANOHAR, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT]

7. Two CD Copies PSK. 6 HIGH COURT DATED:0510312025 ORDER WP.No.6666 of 2025 :itrE Sl'fA $. C) ...t o 0 3 APit 2025 * Spa-r DISPOSING OF THE WRIT PETITION WITHOUT GOSTS w'u *2--' -zYV

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