H. No 1 1 -23- 1 239 v. The State of Telan
Case Details
Acts & Sections
Petitign under A(i9!e 226 of the Constitution of lndia praying that in the circumstanceg stated in th6 sffidqvit filed therewith' the High Court may be pleasedtoissueawrit,orderordirectionmoreparticularlyoneipthenatureof Writ of Mandamus declaring the action of the Respondent No 2 in not issuing pattadar passbook to tle Petitioners and in not mutating the names of the Petitioners in the revenue records with respect to land situated at Sy No 790 admeasuring extent of Ac. 5-15 Gts, Sy No 791 admeasuring extent of Ac' 22-07 Gts, Sy No. 792 admeasuring extent of Ac 0-16 Gts' Sy No 793 admeasuring extent of Ac. 15-23 Gts, Sy No. 794 admeasuring extent of Ac. '16-25 Gts and Sy No. 795 admeasuring extent of Ac.21-31 Gts totally measuring to an Eitent of Ac.81-35 Gts situated at Uppugal Village Zaffergadh Mandal, Warangal District as illegal, arbitrary apart from being violative of Article 14,21 and 300-4 of Constitution of'lndia and consequently direct the Respondent No.2 to mutate the names of the petitionerq in the revenue records and to issue pattadar passbooks to the.petitioners with respect to the subject land. IA O:1OF 2O25 Petition under Seetion 151 CPC praying that in the circurqstances stated in the affidavit filed in support of thq petition, the High 9ourt may be pleased fq direct the Rqspondent No.-2 to act on the lettFr dated 07.0?.2017 bearing Lr.No.B/10514016 addressed by the Respondg4t No.4 and pqss appropriatg orders in aqcordance with law. Counsel for the Petitioners: SRI SHREYAS REDOY YALAG|Rl Counsql for the RgEpondents: AGP FOR REVENUE The Court mafle tho following: ORDER HON'BLE SRI JUSTICE C.V. SIIASKAR REDDY WRIT PETITION No.738 I of 2O25 ORDER: ' This writ petition is frled seeking to declare the action of respondent No.2 in not issuing pattadar passbook to the petitioners and in not mutating the names of the petitioners in the revenue records with respect to land admeasuring Ac.S. 15 gts., in Sy.No.79O, Ac'22'O7 in Sy'No'791' Ac'0'16 gts., in Sy.No.792, Ac.15.23 gts', in Sy'No'793' Ac'16'25 gts'' in Sy.No.794, Ac.21.35 gts., in Sy'No'795, total admeasuring Ac.81.35 gts., situated at Uppugal Village' Zalfergadh Mandal, Warangal District, as illegal, arbitrary and for other appropriate reliefs.
2. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent, this writ petition is being disposed at the admission stage. It is stated that originally, the ancestors of petitioner 3 Nos. 1 to 3 were t]le absolute owners of the lands Sy.No.790, Ac.22.O7 in admeasuring Ac.5.15 gts., 1n ( :j ,l ) CVBR, J wp 7383*2025 Sy.No.79 1, Ac.0. 16 gts., 1n Sy.No.792, Ac.15.23 gts., 1n Sy.No.793, Ac.16.25 gts., 1n Sy.No.794, Ac.21.35 gts., 1n Sy.No.795, total admeasuring Ac.81.35 gts., situated at Uppugal Village, Zaffergadh Mandal, Warangal District. It is further stated that petitioner Nos. 1 to 3 inherited the said property and petitioner No.4 has purchased part of the subject land i.e., Ac.22.O7 gts., in Sy.No.791, uide sada sale deed dated 13.01.1994 and Ac. 15.23 gts., in Sy.No.793 utde sada sale deed dated 08.06.1995. It is further stated that petitioner No.4 has submitted an online application dated ll.Ol.2ol7 for regularization of the said sada sale deeds and mutation of her narne in the revenue records and consequential issuance of pattadar passbook in respect of the above said extent. It is further stated that when petitioner Nos.1 to 3 approached the respondent authorities by frling Form-6A to mutate their names in the revenue records and issuance of pattadar passbooks in their names, they came to know that the subject land had been mutated in the name of some third parties. Therefore, petitioner Nos. 1 to 3 Illed an appeal under section 5-B of the Telangana Rights in Land and Pattadar passbooks Act, l97l (for short, 't}re Act, 7971) t CVBR. J Wp 7383 2025 before respondent No.3 seeking deletion of the said entries and respondent No.3, has allowed the appeal utde order dated and directed 74.09.2016 in Proc.No'A/ llg4l2}l4 respondent No.4 to delete the entries made in ROR records in favour of the third parties and further directed to initiate action on the Form-6A Iiled by the petitioner Nos'1 to 3 as per the Act, 1g7 L ' It is further stated that seeking implementation of the said order passed by respondent No'3' the petitioner has filed Form-6A application dated O4'01'2017 before respondent No.4 and acting upon the same' respondent No.4 conducted al enquiry and has writti:n a letter dated 07.O2.2017 bearing Lr'No'B/1051/2016 to respondent No.2, requesting to issue pattadar passbooks to the petitioners herein and amend the revenue records' Thereafter, the petitioners submitted various representations to respondent No.2 to issue pattadar passbooks in their favour ald. mutate their names in the revenue records' but no action was taken. It is further stated that pending examination of the said representations, the Act' 1971 has been repealed and replaced with t-I:e Telangana Rights in Land and Pattadar passbooks Act,2O2O (for short' the Act' I I t I , l_...=-- - ------- + CVBR, J Wp-7383 2O25 2O2O). As such, the petitioners frled online application under the Act, 2O2O seeking mutation of their narnes in the revenue recordsandforissuanceofpattadarpassbooks.However,no action has been taken. Therefore, the Petitioners were constrained to file a writ petition uide W.P.No.6693 of 2O03 and since a-11 the documents have not placed on record' the sought Permission of the Court to petitioners therein writ Petltlon with a libertY to avail withdraw the said appropriate remedies as available under law and accordingly' the same was dismissed as withdrawn with the liberty as sought for' Hence, the present writ petition' Learned Assistant Government Pleader for Revenue has 4. not disputed the proceedings of respondent No'3 in allowing the appeal uide Proc'No' Al1'lg4l2OL4' dated 14'O9'2016 and directing respondent No'4 to delete the entries made in ROR records in favour of the third parties and to initiate action on the Form-6A frled by the petitioner Nos'1 to 3 as per the Act' 1971. Hefurther not disputed the letter issued by respondent No.4torespondentNo.2uideLr.No.B/loS112016,dated O7.O2.2O17 requesting to issue pattadar passbooks to the petitioners herein and to amend the revenue records' - - -"i .- .: I 5 CVBR, J Wp_7383 2025
5. In view of the above, this Court, without going into the merits of the case, since it is stated that tlte respondent authorities are not taking any action despite the appeal being allowed by respondent No.3 uide Proc.No.Al 1194/2014, dated 14.09.2016 and directing respondent No.4 to delete the entries made in ROR records in favour of the third parties and to initiate action on the Form-6A frled by the petitioner Nos. 1 to 3 as per the Act, l97l and the consequential letter being issued by respondent No.4 to respondent No.2 uide Lr.No.B/1051 /2016, dated 07.02.2017 requesting to issue pattadar passbooks to the petitioners herein and amend the revenue records, deems it appropriate to direct respondent No.2 to call for appropriate report from respondent No.4 and if it is found that the petitioners herein are eligible for issuance of pattadar passbooks, mutate the names of the petitioners in the revenue records and issue e-pattadar passbooks in their favour in respect of the subject property in accordance with law, after issuing notice to the petitioners and all other interested/ affected persons. If it is found that the petitioners are otherwise not eligible for issuance of the e-pattadar passbooks, respondent No.2 shall pass a reasoned I : CVBR, J wp_7383_2025 order and communicate the same to the petitioners herein. The said exercise shall be completed within a period of three (O3) months from the date of receipt of a copy of this order.
6. With the said observations, this Writ petition is disposed of. As a sequel, the miscellaneous petitions pending, if any, shall stald closed. There shall be no order as to costs. //TRUE COPY// SD/.P. PADMANABHA REDDY DEPUTY REGISTRAR I SECTION OFFICER To,
1. The Principal Secretary Revenue Department Secretariat Hyderabad, State of Telangana. B R.Ambedkar Telangana
2. The District Collector, Jangaon District. 3. The Revenue Divisional Otficer, Zatfergadh lt/andal, Jangaon District (erstwhile Warangal District).
4. The Tahsildar, Zaffergadh Mandal Jangaon District. 5 One CC to SRI SHREYAS REDDY YALAGIRI, Advocate IOPUCI 6. Two CCs to GP EOR REVENUE, High Court for the State ef Telangana at Hyderabad [OUT]
7. Two 0D Copies BSR BS w HIGH COURT DATED:1 1103t2025 ORDER WP.No.7383 of 2025 I4 c o {1? i,lA Y 2075 2 t l)E,5 )A cT * DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \a roQtd '*^f 92\