✦ High Court of India · 10 Mar 2025

High Court · 2025

Case Details High Court of India · 10 Mar 2025
Court
High Court of India
Decided
10 Mar 2025
Bench
Not available
Length
1,267 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 an appropriate Writ, Order or Direction, more particularly one in ...RESPONDENTS i I i I I I I I I I i l l I i=1 the nature of Writ of lt4andamus, declaring the inaction of the official respondents in deleting the names of unofficial respondents in the revenue records by cancelling the patta in the name of unofficial respondents No.5 to B in respect of land adm 8-19 Gts in Survey Nos 50/A situated at Veerlapalle Village, Marpalle A/andal, Vikarabad District (Previously in Ranga Reddy District), Telangana State which are obtained by played fraud and cheating as illegal, arbitrary, and Violation of Article 14 of Constitution of lndia and consequently to direct the official respondents to mutate the name of the petitioner by issuing new pattadar passbook to the petitioner by deleting the names of unofficial respondents No.7 and 8 from Dharani record in respect of land admeasuring Ac.B-19 Gts in Survey Nos 50/A situated at Veerlapalle Village, t\/arpalle [r,4andal, Vikarabad District (Previously in Ranga Reddy District), Telangana State, in the interest of justice. 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 official respondents not to entertain any kind of sale transactions in respect of petitioner's land admeasuring Ac.8-19 Gts jn Survey Nos 50/A situated at Veerlapalle Village, lvlarpalle Mandal, Vikarabad District (Previously in Ranga Reddy District), Telangana State until disposal of the above writ petition. lA NO: 2 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 lo direct the official respondents to consider the petitioner No-2s application for mutation in respect of petitioners land admeasuring Ac.8-19 Gts in Survey Nos 50/A situated at Veerlapalle Village, Marpalle [Vlandal, Vikarabad District (Previously in Ranga Reddy District), Telangana State until disposal of the above writ petition. Counsel for the Petitioners :SRl. PRAVEEN BONKURI Counsel for the Respondent NO 1 TO 4: GP FOR REVENUE Counsel for the Respondent NO 5 TO I :--- The Court made the following: ORDER HON'BLE SRI ..'USTICE C.V.BHAST(AR REDDY WRIT PETITION No.723O of 2o25 ORDER: This writ petition is filed seeking to declare the inaction of the ofhcial respondents in deleting the names of respondent Nos.S to 8 in the revenue records by cancelling the patta issued in their favour in respect of land admeasuring Ac.8.19 gts., in Sy.No.S0/A, situated at Veerlapalle Village, Marpalle Mandal, Vikarabad District, as illegal, arbitrary and for other appropriate reliefs.

2. Considered the submissions of the learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for respondent Nos.l to 4 and with their consent this writ petition is disposed of at the admission stage

3. It is stated that petitioner No. t has purchased agricultural land to an extent of Ac.8.19 gts., in Sy.No.SO/A, situated at Veerlapalle Village, Marpalle Mandal, Vikarabad District, through a registered sale deed bearing document No.5613 of i998, dated

04.12.1994 and the revenue authorities have duly recorded his name in the revenue records and also issued pattadar passbook bearing No.356924, patta No.76 in accordance with the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 197L. It is further stated that petitioner No.l has gifted the said 2 CVBR. J Wp_723O 2025 Iand in favour of his wife, i.e., petitioner No.2 through a registered gift settlement deed bearing document No.3895, dated 1 1. 1 1.2OO5. It is further stated that the respondent authorities, without issuing any notice or conducting an enquiry, have mutated the names of respondent Nos.S and 6 in the revenue recordi and subsequently issued pattadar passbooks in respect of the subject property. It is further stated that the petitioners, having coming to know about the said fact, have made an application in the prescribed module of Dharani portal seeking canceilation of entries madc in the revenue records and the same was rejected by the Tahsildar, Marpally Mandal, uide Procs.No.B/2OO12025, dated 27.O1.2025 on the ground that the subject property was transferred in favour of respondent Nos.S and 6 basing on the unregistered sale deed and further, respondent No.6 sold the property in favour of third parties and thcir names have also been recorded in the revenue records and therefore, at this point of time, the application is not maintainable

4. A careful reading of the impugned orde r passed by the Tahsildar, uide Procs.No.B /2OO /2025, dateci 27 .Ol.2O2\dated 27.71.2025, would reveal that the property claimed by the petitioner was transferred to respondent Nos.5 and 6 h^'t- I the unregistered sale deed and further, responde .M [h. \ ,s: {GdF'1lp,' _,:':-":- "7 3 CVBR, J Wp_7230 2025 property in favour of third parties and their names have also been recorded in the revenue records.

5. In view of the aforesaid discussion, this Court, while entertaining the writ petition, in a summary lurisdiction is not in a position to examine the genuinity and authenticity of the documents enclosed in support of the writ petition.

6. Accordingly, this Writ Petition is dismissed. It is needless to observe that if the petitioners are having any grievance with rcgard to validation of the sada bainama relied upon by respondent Nos.5 and 6 and consequential mutation oI their names in the revenue records, they are at liberty to approach.the competen[ Civil Court by instituting a suit for declaration in respect of the subject property in accordance with law. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs //TRUE COPY// SD/.A.V.S.PRASAD EPUTY REGISTRAR SECTION OFFICER To,

1. One CC to SRl. PRAVEEN BONKURI Advocate IOPUCI 2. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana. louTl

3. Two CD Copies DD GJP w HIGH COURT DATED:1010312025 ( i1 t) \,'.. 3O JIJI Tffi ! r.,ii {' 7' :2', ORDER WP.No.7230 of 2025 DISMISSING THE WRIT PETITION WITHOUT COSTS G.#'l $1,

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