✦ High Court of India · 06 Mar 2025

High Court · 2025

Case Details High Court of India · 06 Mar 2025
Court
High Court of India
Decided
06 Mar 2025
Bench
Not available
Length
1,318 words

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 any order, direction or Writ, one in the nature of Mandamus declaring the inaction of respondents in granting succession and issuance of New Pattadar Pass Book in respect of the agricultural land admeasuring. Ac.2-30 gts in Sy. No.676/AA'1 situated at Yedira Village, Mahabubnagar Mandat and District to I {he petitioners as being illegal, arbitrary and unreasonable and in gross violation of /' principles of natural lustice and violative of articles 21 itnd 300- A of the constitution of lndia and to direct the official respondents to recor'l the names of the petitioners as pattadars of the land admeasuring Ac.2-:)0 gts in sy. No.676/AA1 situated at Yedira Village, Mahabubnagar Mandal ;lnd District on Dharani Portal and to issue New Pattadar Pass Book to the petitioners. IA NO: 'l 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 official respondents to Stay any action by the respondents that may interfere with the petitioners' possession, cultivation, or management of the s;aid agricultural land, and prevent any conversion of the land into plots or any further action that may alter the status of the land, pending finalization of the Writ Petition . Counsel for the Petitioner: SRI VANGIPURAM KRISHNA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER I THE HON'BLE SRI JUSTIcE c.v.BHASKAR REDDY WRIT PETITION No.6971 of 2O25 ORDER: This writ petition is filed seeking following relieft "For the reasons stated in the accompanying affidavit' the petitioner herein prays that this Hon'ble High court may be pleased to issue any order' direction or writ, one in the nature of Mandamus declaring the inaction of respondents in granting succession and issuance of New Pattadar Pass Book in respect of the agricultural land admeasuring Ac'2-30 gts in Sy No'676/AAl situated at Yedira Village, Mahabubnagar Mandal and District to the petitioners as being illegal' arbitrary and unreasonable and in gross violation of principles of natural justice and violative of articles 2i and 300-,{ of the constitution of India and to direct the official respondents to record the names of the petitioners as pattadars of the land admeasuring Ac.2-3O gts in Sy' No'676/AA1 situated at Yedira Village' Mahabubnagar Mandal and District on Dharani Portal and to issue Nev/ Pattadar Pass Book to the petitioners or pass any such order or orders as this Hontrle Court may deem fit and proper in the circumstances ofthe case'"

2. It is stated that 3'd petitioner's father was the absolute owner and pattadar of agricultural land admeasuring to an extent of Acs' 6'19 guntas in Survey No-676, situated at Yedira Vi1lage, Mahabubnagar Mandal andDistrict.ItisfurthersubmittedthathisfathersoldanextentofAcs. 2.2O guntas initially out of the said land and he was issued pattadar passbook and title deed No.219239 for an extent of Acs' 4'O0 guntas in Survey No.676/AA. It is further submitted that his father died on 11.09.2013 leaving behind the petitioners as legal heirs' It is further submitted that land to an extent of Acs. 2.3O guntas in Survey No'676/AA was recorded in the name of his father in Dharani Portal' It is further stated that after death of his father, petitioner Nos.3, 4 and 7 made ar1 application bearing No.220O926631 dated \O'O4'2O22 for grant of Pouthi .i 2 CYBR,\ V/.P.No.6971 of 2OZ\ Izafa/succession in respect of the land admeasuring to iln extent of Acs. 2.3O guntas in Survey No.676/,{,{l, situated at yedira Village, Mahabubnagar Manda-l and District and consequential issuance of new pattaiar passbook on their names. It is further submittcd that the said application was rejected by 3rd respondent on 2T.LO.2O22 b1, giving remarks that petitioner Nos.3, 4 and 7 have converted the said lanrl into plots and that the said land 15 ;161 svailable. The grievalce of the petitioners is that respondents may be directed to record the names of tht: petitioners as pattadars in Dharani Portal in respect of the larrd admeasuring tb an extent of Acs. 2.30 guntas in Survey No.676/AAl and to grant succession and issue new pattadar passbook to the petitioners.

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. Admittedly, in the Dharani Portal prepared under the Telangana Rights in Land and Pattadar Pass Books Act, 2O2O, the name of the 1"t petitioner's father is shown as pattadar in respect of the land admeasuring to an extent ofAcs. 2.30 guntas. since it is recorded in Dhalani portal that the lst petitioner's father is a pattadar of the land admeasuring to an extent of Acs. 2.30 guntas in Survey No.676lA/l uide Katha No.640, ends ofjustice would be met if the respondents are directed to consider the application bearing No.2200926631 dated 1o.o4.2o22 submitted by the petitioners for / 3 CVBR, J W.P.No.6971 oJ 2O25 grant of Pouthi Izafa/succession to the said extent of land and also mutation of the names of the petitioners in the revenue records and consequential issuance ofthe pattadar passbooks in accordance with law.

5. Accordingly, the impugned order dated 29.10-2O22 passed by the 3rd respondent-Tahsildar is set aside and the 3.d respondent is directed to re-examine the case of the petitioners uide application bearing No.22OO926631 dated 1O.O4.2O22 by duly taking into account the entries made in Dharani Portal and the extent of land originally reflected in the name of the original pattadar within a period of eight (08) weeks from the date of receipt of a copy of this order. It is needless to observe that the I remaining extent for which the petitioners are claiming rights, they can adjudicate rights on said land before the appropriate forum in accordance with law.

6. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous appiications pending, if any, shall stand closed //TRUE COPYII SD/- T,TIRUMALA EVI DEPUry REGIS SECTION OFFICER illilfi [isiii"l3{,;x;]il'e Depa(ment' secreta riat, ran k Bund Road, l \ To 1 2 J 4 5 6 PSK. ;y;"f$gpo+.**#ii'BkrulH"El,.?,",,*"*,, s HIGH COURT DATED:0610312025 ORDER WP.No.6971 ot 2025 k o o l1"t S r4 111APn 2m t o €s ry1 C o r- !1i ,: ,,/ ",,/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS o*a

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