Kethavath Ravi v. 1. The 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. 2lo 4 in non- implementing the mutation proceedings vide No. MUT 103120102439/2019 dated 16-11-2019 and non-initiating to mutate the name of the Petitioner on his cultivating land to an extent of Ac.4-12 gts in Sy. No. 140/A. 140/AA, 14OlEl2, 14OtRut2, which is situated at Kuppagandla village of Veldanda Mandal, 'issue the E pattabdar passbook to the Nagarkurnool District and non-initiating to Petitioner is illegal, unconstitutional and arbitrary and violation of Articles 14, 15, 2.1 and 300A of the constitution of lndia and also violation of Principles of Natural Justice and consequently direct the respondent No.2 to 4 to implement the mutation proceedings vide No. MUTlO3t2OlO2439l2019 dated 16-1 1-2019 and to mutate the name of the Petitioner in all revenue records and to issue E Pattadhar Pattadhar to the Petitioner on his land. a,l, lA NO: 1 OF 2025 Petition under isection 151 CPC praying that in the circumsrances stated in the affidavit filed in support of the petition, the High Court may be 1'leased to direct the respondent No.2 to 4 to implement the mutation proceeCings vide No. lvlu1l03l2olo2439l2(1.9 dated 16-1 'l-2019 and to mutate the name of the Petitioner in all revenue records and to. issue E Pattadhar Pattadhar to the Petitioner on his larrd to an extent of Ac. 4-12 gts in- Sy. No, 140/4, 140lAA, 1401E12, 140lRul2, vrhich is situated at Kuppagandla village of Veldanda Mandal, Nagarkurnool Districl, pending disposal of the writ petition. Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel forthe Respondents: GP FOR REVENUE Tpe Court made the following: ORDER HON'BLE SRI JUSTICE C.V, BIIASKAR REDDY WRIT PETITION No.7475 of 2O25 ORDER: This writ petition is filed seeking to declare the action of respondent Nos.2 to 4 in not implementing the mutation proceedings uide No.MUT/O3/2O/02439/2019, dated L6.ll.2ol9 and not mutating the name of the petitioner in respect land admeasuring Ac.4.L2 gts., in Sy.No.14O/A, 14O/ AA, I4O/E/2, l4O/Rul2, situated at Kuppagandla Village, Veldanda Mandal, Nagarkurnool District and not issuing e-pattadar passbook to the petitioner, as illegal, arbitrary arrd 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.

3. It is stated that the petilioner is the absolute owner and possessor of the agricultural land admeasuring Ac.1. t4 gts., in Sy.No.14OlA, Ac.O.19 gts., in Sy.No.14OIAA, Ac.1.0O gts., in Sy.No. 140/E/2, Ac.l.O7 gts., in Sy.No. 14OlRu/2, total admeasuring Ac.4.l2 gts., situated at Kuppagaldla Village, 2 CVBR, J wp 7 +75J025 Veldanda Me.ndal, Nagarkurnool District, having pu rchased under registe:,:d sale deed bearing document No.5939 tf 2019, dated 03.06.2O19. It is further stated that after purchasing the property, the Jretitioner has made al applicaLion under Form VI of the Telangana Rights in Land and Pattadar Passbo,rks Act, l97l (for sho::, 'the Act, 1971) seeking mutation of his rame in all the revenr,ur records and after due enquiry, respond(:nt No.4 isstred mutation proceedings uide No.MUT/03/:l() I 02439 /2019, dated 16.11.2019, direc'.ing the authorities to mutate name of the petitioner in all the revenue records as per the provisions of Act, L971. Pending implementatio:e of the said order, the Act, 1971 hr rs been repealed and repiaced with the Telangana Rights in Lirnd and Pattadar pasr;'rooks Act, 2O2O (for short, the Act, 2( t20). As such, the petitioner filed an online application dated 23.12.2O2L under the A'..t, 2O2O seeking mutation of his name in the revenue records and issuance of e-pattadar passb roks in respect of t:re subject property, hovrever, the respondent authorities he ve not initiated any action. It is further sta ted that upon approa:hing the respondent authorities, the p,:titioner was informed that the said land is classified as ceiling surplus land. The cas,: of the petitioner is that the subject land irs purely 3 CVBR, J wp_7475 2025 patta land and the same is not goverrrlnent land or assigned lard. Despite the same being patta land, the respondents failed to implement the mutation proceedings issued by respondent No.4. Hence, the present writ petition.

4. Learned Assistant Government pleader for Revenue has placed the written instructions of respondent No.4 on record, wherein, it is stated that as per Khasra pahani for the year 1954-55, the lands in Sy.No.l4O, total to an extent of Ac.1g.37 gts., were recorded in the name of Guda Ramachalder Rao and Guda Prabhakar Rao as possessors. Subsequently, the said total extent of Ac.18.88 gts., in Sy.No. 140 has been declared as ceiling surplus land and included in Errata Notification under the Land Reforms under Section (12) 2 (Cerltng on Agricultural) Act, 1973, (for short, 'the Act, 1973) uide proceeding No.K/2215/7 5, dated 03.05.197S. It is further stated that the then Tribunal, Mahabubnagar, issued Occupancy Right Certifrcate in favour of Jarpulavath Bichya S/o .Herya to an extent of Ac.4.27 gts., out of Ac. 18.35 gts and issued pattadar passbooks in favour of the pattadars. It is further stated that ORC holder has disposed of the said property to the various persons and the petitioner purchased the same through registered sale deed bearing document No.5939 of 2019. It is 4 C\tsR, J Wp_',475 2025 further state(l that in LRUP programme, the applicatic n of the petitioner was mentioned in the Dharani portal as penr ling due to the land wls declared as ceiling surplus land.

5. A caref:l reading of the written instructions of respondent No.4 would re,ueal that the property purchased by the petitioner is not a surph:s land vested in the State. In fact, the land has been exemptr.rl from the ceiling surplus land in view of gralting ORC in favour of the vendors of the petitioner. i

6. These issues are required to be examined duly tal.:ing into consideration of the declaration being filed by the patte dar and the lalds bei:rg exempted under the provisions of the A:t, 1973 and also granting of ORC and entitlement of the petitt oner for purchasing the same under registered sale de,:d and consequentia issuance of pattadar passbooks. 7 . Admitte dly, the petitioner has submitted an online application ,Iated 23.12.2021 seeking to implemr :nt the mutation prcceedings and to issue e-pattadar passbooks in respect of the subject property. Since these issues are .equired to be examined elaborately, this Court is of the opin:on that ends of justice would be met if the respondents are dir,:cted to consider the application dated 23.L2.2O21 submitted by the 5 CVBR, J Wp 7475 2025 petitioner duly taking into consideration of the mutation proceedings issued by respondent No.4 uide No.MUT/O3/2O/02439/2019, dated t6.ll.2Ot9, and pass a reasoned order and communicate the same - to the petitioner within a period of three (03) months from the date of receipt of a copy of this order.

8. With the said observations, this Writ Petition is disposed of. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs //TRUE COPY// SD/- V. DEPUry ITHA ISTRA,R SECTION FFICER The Principal Secretary, Revenue Department Secretariat, Hyderabad, State of Telangana. The Distiict Collector, Nagarkurnool, Nagarkurnool District. The Revenue Divisional Officer, Kalvakurthi Division, Nagarkurnool District The Tahsildar, Veldandi Mandal, Nagarkurnool District. One CC to SRI RAPOLU BHASKAR, Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad- [OUT] Two CD Copies To 1 2 J 4 5 6 7 PSK. BSR HIGH COURT DATED:1110312025 ORDER Wp.tto.z+ts <tf 2o2s (:GfODAY 1rl ,.1 ( C ,.jr{ + 3 az APir zo25 \9 '€Sr.r r ,-, r DISPOSING OF THE WRIT PETITION WITHOUT COSTS \o ) -\r- I I