Md. lmthiyazuddin v. State of Telangana

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 writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No 3- in rejecting the dharani applicdtion vide No 2400130048 daled 911212024 for issuance of pass books for the lands in survey No 30AA'/2 extent 0.07 gts, in survey No 30/A/2 extent O.22 gts, in survey No. 138/4,/2 extent 0.17 gts, in survey No 138/AA'/2 extent ac O.22 gls, in survey No. 313/AAJ2 extent 0.21 gts and in survey No' 313tN2 extent ac 0.2',1 totalling ac 2.3o gts situated at Devarkadra village and mandal, Mahabubnagar District in single line without issuing any notice and following due process of law as arbitrary and illegal and in violation of the principles of natural .iustice and consequently to set aside the same' lA NO: 1 OF 21t25 Petitir:n un,|-'r Section 151 CPC praying that in the circums:ances stated in the affidavil fi e(j in support of the petition, the High Court may be pleased to direct the resp,3rr( onts to reconsider the dharani application v de f'o. 2400130048 daled 9t121120'.t-4 trr issaunce of succession/m utation for the lan(:s in survey No 30AA/2 exh-.nr 0 C7 gts, in survey No. 30/fu2 exlenl 0.22 gts. in survey No. 138/4/2 extenl C l7 gts, in survey No. 138/Afu2 extent ac o.2'2 gt:;, in survey No. 313tAN2 exte:nt ).21 gts and in survey No. 313lAl2 e):tent ac 1).21 situated at Devarkadra v lage and mandal, Mahabubnagar District peniing disposal of the above writ p etttion Counsel for the F etitioner : SRI GUDI MADHUSUDHAN REDDY Counsel for the Flespondents: ASST. GP FOR REVENUE The Court marle 'tre following: ORDER / ORDER: TIrE HoN'BLE sRr JUsrIcE c.v.BIrAsr(AR REDDy WRIT PEIITION No.7967 of 2o25 This writ petition is hled seeking following reliel "For the reasons stated in the accompanving affidavit, it is hereby pra_ved that this Hon'ble Court ma-v be pleased to issue writ order or direction more particularly one in the natur€ of writ of mandamus declaring the action of the respondent No- 3 in rejecting the dharani application vide No 2400130048 dated 9.12.2024 for issuance of pass books for the lands rn survey No 3OAA/2 extent 0.07 gts, in survey No. 30/4/2 extent 0.22 gts, in survey No- 138/A/2 extent 0. 17 gts, in survey No. 138/AA/2 extent ac O.22 gts, in survey No. 313/AA/2 extent O.2l gts and in survey No. 313/A/2 extent ac 0.21 totalling ac 2.30 gts situated at Devarkadra village and mandal, Mahabubnagar Drstrict in single line ivithout issuing any notice and follou,ing the due process of larv as arbitrary and illegal and in violation of the principles of natural justice and consequently to set aside the same and to pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances o[ the case."

2. It is stated that the petitioner is the absolute owner and possessor of agricultural lands admeasuring to an extent of Acs.O.O7 guntas in Survey No.3OAA/2, Acs.O.22 guntas in Survey No.3O/A/2, Acs.O.17 guntas in Survey No.138/A/2, Acs.O.22 guntas in Survey No. 138/AA/2, Acs.0.21 guntas in Survey No.313/AA/2 and Acs.0.21 guntas in Survey No.313/A/2, situated'at Devarkadra Village and Mandal, Mahabubnagar District (for short, the subject property), having succeeded the same from their father. It is further stated that the revenue authorities issued pattadar passbooks and title deed uide Khata No.36 in favour of the petitioner and the same reflected in Dharani Portal. It is further stated that the petitioner made an application No.24OO13O048 dated 09.12.2024 in Dharani Portal ..7--.- 'l 2 W.P.No.7967 oJ.- \ seeking fc-. - i ; suance of e-passbook and the same \4 as rejected without assigning ir n \' r'easons.

3. (l rnsidered the submissions of the lr:arn,:d counsel for the petitioner , Lnc learned Assistant Government Ple.ader lbt Revenue appearing for responr:,e I I Nos. 1 to 4 and with their consen t, this vrrit petition is being disposed a: th€ admission stage.

4. 'l'lr s Court has carefuily examined the irnpugned order rejecting the applic.,ttic rL of the petitioner submitted fcr is,sua rce. of e-passbook. Except sa yi r e that the "Appiication for F,assbool; Data Correction 24OOl3Ot)48 rs rejected by RDO", no valid reasons u.hatsoever have been assigned t,, .-nable the petitioner to take appropr ate action. Since the impugnerl ',rrl:r is not in consonance with the princip[e,; of natural justice, the same i:; l:i 1>[e to be set aside and accordingl5., the sa mc is set aside and the resp,:r.dr:trt authorities are directed to re-examile the application No.24O0 13t't0,1tr dated 09.12.2024 submitted by the petitioner and if he is otherwise e [i;1i I le and entitle and fulfill all the :eqr- ircn rents mentioned in CCLA's circ:lar No. 1 of 2027, dated l5.OI.2O2l and Cir:u1ar No.l of 2024, dated 28.0:,..1o 24 and also the provisions of the Telangrrna Rights in Land and Pattadi:r l,lrssbooks Act, 2O2O, consider the sarre arrd pass a reasoned order in €rc, o'(l,1nce with law and communicate the sarr e to the petitioner, within a 1re'ir:c of eight (08) weeks from the date of recei ot of a copy of this order. I I l t -.]/I 3 CVBR, J W.P.No.7967 of 2025

5. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/.K AMMAJI EPUTY REGISTRAR SECTION OFFICER To, 1 The Principal Secretary, Revenue Department' Secretarta Telangana, HYderabad t,State of

2. The District Collector, lvlahabubnagar District' 3.TheRevenueDivisionalofficer,MahaboobnagarDivision,Mahabubnagar District.

4. The Tahasildar, Devarkadra Mandal' Mahabubnagar District' 5. One CC to SRI GUDI MADHUSUDHAN REDDY' Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana'

7. Two CD CoPies BSK CHS ftt(^. HIGH COI.JRT DATED:1 't 1C312025 I ORDER WP.No.79G;t of 2025 s14 I4: 6;<,:n ( -a 2 1 JdN 2025 +5 o o \J -s o, 1g,.t(O DISPOSINIJiOF THE WRIT PETITION WITHOU'T (;OSTS &tc,, s\,( 9,\\