Mr.Biyyala Shankar v. The State of Telangana

Biyyala Srinivas, S/o: Rajaiah, Aged 40 years, Occ. agriculture Respondent 4 to 6 Rl/O H.No.4-28, Village . Ryali, Mandal : Hajipur, District Mancherial, Pin .504209 . ...RESPONDENTS 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 a appropriate writ, order or orders, more particularly one in the nature of writ of mandamus to take action on application daled O310212025, direct the respondents 2 to 3 to issuing Telangana Government patta pass books in respect of land to an extent o'f ac 2.32 in sy.no.1O and ac 'l .20gts in sy no. 1'llu village Rali shivar, Hazipur mandal, Mancherial district by setting a side, memo vide No. B5114112023 dt:51212025 consequently declare the action of respondents in not issuing passbooks to above land is contrary to law being arbitrary unreasonable, illegal against the interest of petitioner depriving him of their natural right infringing their right to property under Article 300-4 and right to life under Article 21 of Constitution of lndia. 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 to take action on application daled 03102t2025 by setting a side, memo vide No.851141t2023 dt.5l2t2)25 direct the respondents 2 to 3 to issuing Telangana Government patta pass books in respect of land to an extent of ac 2.32gts in sy.no. 10 and ac '1 20gts in sy no. 11/u at village Rali shivar, Ha zipur mandal ,Mancherial district by inspecting the possession of the petitioner over the land pending disposal of the writ petition. Counsel for the Petitioner: SRI POCHAIAH DORISHETTI Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent Nos.4 to 6:----- The Court made the following: ORDER n HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.7O26 of 2025 ORDER: This writ petition is filed seeking the foilowing relief: '...to issue a appropiate uit order or orders more particularly one in the nature of urit of mandamus to take oction on application dated 03.02.2025 direct the respondents 2 to 3 to issuing Telangana Gouemment patta pass books in respect of land to an extent of Ac.2.32 in Sg.No.10 and Ac.1.20 gts in Sg.No.l1/u uillage Ralt shiuar, Hazipur mondal, Mancheial distict by setting a side, memo uide No. 85/ 141/ 2023 dt.5.2.2025 consequently declare the action of respondents in not issuing passbooks to aboue land is controry to latu betng arbitrary unreasonable, illegal against the interest of petitioner depriuing him of their natural ight infinging their right to propertA under Article 30O-A and nght to life under Article 21 of Constitution- of India and to pass..." I

2. Considered the submissions of the learned counsel for the respective parties and with their consent, this writ petition is being disposed of at the admission stage.

3. It is stated that the petitioner's father late Ramaiah was the owner and possessor of the land admeasuring Acs.2.32 l guntas 1n Sy.No. 10 and Ac. 1.2O guntas 1n Sy.No.11lu, situated Ryali Village, Haziptx Maldal, Mancherial District, and after the death of Ramaiah, the petitioner inherited the said property. The case of the petitioner is that when lhe ,--- I I 2 CVB&J wp 7026 2025 third party narnes are recorded in the revenue records, the petitioner has submitted an application in prajavani (public Grievance Cell) requesting to conduct an enquirl. and issue pattadar passbook to the petitioner in respect of the subject land. The grievance of the petitioner is that the District Coilector, u,ithout even cailing for the report from the Tahsildar concerned, has rejected the application submitted by the petitioner uid.e No.BS/ 141 /2023 dated ) 05.02.2025. It ts further stated that the said impugned memo do not reveal any reasons for rejection of the application except advising the petitioner to approach the competent civil Court and no information whatsoever is furnished to enable the petitioner to approach the Civil Court for recording the names of the third parties for the lands possessed by his late father. Hence, the present writ petition.

4. Having perused the material on record and since the rejection memo does not contain any valid reasons for recording the names of the third parties, ends of justice would be met if the impugned memo dated 05.O2.2025 is set aside on the sole ground that the said order is 4g!..i1 consonance , l I 3 CVBR,J wp 7026 2025 with the principles of natural justice and permitting the petitioner to file an application under the provisions of the Right to Information Act, 2005, for seeking information over the subject land and in the event of such application being filed, the respondent authorities are directed to furnish the relevant documents as required by the petitioner within a period of four (04) weeks from the date of making such an application to enable the petitioner to avail appropriate remedies in accordance with law.

5. With the above observations and directions, this writ petition is disposed of. There shall be no order as to costs.

6. .As a sequel, the miscellaneous petitions pending, if any, shall stand closed. I I To, SD/- P.PADMANABHA REDDY EPUTY REGISTRAR //TRUE COPYII SECTION OFFICER

1. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2. The District Collector, Mancherial District. 3. The Tahalsidar, Hazipur Mandal. Mancherial District 4. One CC to Sri Pochaiah Dorishetti, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT] :

6. Two CD Copies TJ PSK S.- HIGH COURT DATED:0710312025 qRDER WP.No.7026 ot 2025 e rI rC: t o 16 APN Tffi 2 o t i DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 )c I i I