High Court · 2025
Case Details
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 Nature of Writ of lrilandamus by declaring the action of the Respondents 2 and4 in making online wrongful entries in respect of petitioners lands in Survey Nos. 7OA4,701U, 70/A even though the passbooks and Title deeds of the petitioner confirms the right ownership and possession in the name of petitioner, thereby unduly benefitting Respondent No.5 due to unlawful changes in the revenue records and Dharani entries that too without even issuing a notice to the petitioner, without any proceedings and inaction of the Respondents No. 2 and 4 in not considering the petitiondrs application daled.06l2l2o23 and Notice dated 711212022 for reversal of entries in favour of the petitioner pertaining to the said land in 70/ 44 measuring an extent of Ac 0.20 gts, Sy.No 70lU an extent of Ac 0.22 gts and Sy.No 70lA an extent of Ac O.21 gts in total Ac. 1-23 gts situated at Maddikunta Village of Sadashivpet Mandal, Sangareddy Dist as arbitrary , illegal unlawful, violative of ,7 principles of natural justice and against to the fundamental rights guaranteed under lndian Constitution more particularly Article 14 R/w Article 3004 and contrary to the provisions of the then Telangana Rights in Land and Pattadar Passbooks Act, 197'1 and also the provisions of Telangana Rights in land and Pattadar Passbooks Act, - 2020and consequerntly direct the official respondents No. 2 and 4 to consider * petitioner applicated dated 61312023 and notice daled 7112120?-2by correcting the revenue records b'7 cancelling passbooks and Titledeeds issued in favour of the Respondent No. s-pertaining to the said land in TOlM measuring an extent of Ac. 0.20 gts, Sy.No 70/U an extent of Ac. 0.22 gts and Sy.No 70/A an extent of Ac. 0.21 gts in total Ac. 1-23 gts situated at lt/laddikunta Village of Sadashivpet Mandal, Sangareddy District lA NO: 1 OF 2023 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 direct the respondents 2 to 4 to suspend registrations of the lands pertaining to the petitioner in Sy.No. 70/ A4 measuring an extent of Ac 0.20 Gts, Sy.No TO|U an extent of Ac O.22 Gts and Sy.No 70lA an extent o'f AcO.21 Gts in total Ac. 1-23 gts situated at Maddikunta Village of Sadashivpet lr4andal, Sangareddy District to anybody and put the registration of the said lands under suspension Prohibitory list pending disposal of the above writ petition Counsel for the Petitioner: SRl. ANDE VISHALA Counsel forthe Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: -- The Court made the following: ORDER I i ! HON'BLE SRI WSTICE C.V.BHASKAR REDDY V/RIT PETITION No.8 665 of 2o23 ORDER: . This Writ Petition, under Article 226 of the Constitution of India, is frled seeking the following reliel "...ro issue an appropiate Lorit, order or direction; more parTicularlg one in lhe nature of uit of Mandamus: a) bg declaring the action of Respond.ents 2 and. 4 in making online rtrongful entries in respect of petitioner,s lo,tlds in Surueg Nos.Z\A4, 70/ U, 70/A even though the passbooks and title deed.s of the petitiorlbr confirms the ngru ounership and possessjon in the name of petitioner, thereby undulg benerttting Respondent No.S due to unlawful changes in the reuenue records and Dharani enties that too t1)ithout even issuing a notice to the petitioner, without anA proceedtngs and inaction of rc Respondents No. 2 and 4 in not consideing the petitioner.s application d.ated O6.O3.2O23 and Notice dated. 07-12.2022 for reuersal of entries in fauour of the petitioner pertaining to the said. land. in Z0/A4 measuing an extent of Ac.0.2O gls, Sy. /Vo 7O/U an extent of Ac.O.22 gts and. SA.N,.7O/A an extent of Ac.0.21 gts., in total Ac.1,23 gts situated. at Maddilannta Village of Sadashiupet Mondol, Sdngared.dg District, as arbitrary, Illegal unlau.ful, uiolatiue of pinciples of natural justice and. against to th.e fund.amentat ights guaranteed. under Indian Constitution more particularlg Anicle 14 R/ tu Article 3OOA and contrary to the prouisions of the then Telangana Rights in Land and pattadar passboo,ks Act, 1971 and also the prouisions of Telangana Rights in land. and. Pattad.ar i,assbooks Act, 2O2O: and. b) conseqtentlg direct the official respondents Nos.2 and 4 to co/tstder petitioner application d.ated 06.03.2023 and. itotice dated O7.12.2O22 bg arecting the reuenue records bg cancelling passbooks and title d.eeds issued in favour of the Respondent No.S pertaining to the scjid land in 7O/.,1)4 measuring an ertent of Ac.O.2O gts, SA.No.7O/U an ertent oJ I I -*'1 2 Ac.O-22 gtts and Sg'No'7L/ A an ertent of Ac' O'21 gts itt total Ac'1-23 gts situated dt M(lddibtnta Village of Sadashiupel Mandal' Sangareddg District orpass such other order or orders as this Courl deems fit and proper in the circumstances of the case"'' It is stated that the petitioner is a Corflpany registered under 2. the Companies Act, 2013 in the name and style ot'M/s Edumonde Knowledge Solutions LLP'' The petitioner company is engaged in various businesses of computer solutions and investment solutions and it also acquired the above said land under registered sale deed bearing Document No'2521 of 2013' dated' 28'06'2013' It is stated thatthenameofthepetitionercompanyisalsomutatedinthe revenue record and issued pattadar pass book bearing No' 133752 and Patta No. 1401' It is further stated that the land purchased by the petitioner 3. was converted from agriculture use to non-agricultural purpose by the Revenue Divisional offrcer after due payment of NALA charges and after due inspection by the Revenue Divisional Officer vide proceedings No'A2/ l2glft' dated 11'O1'2018' It is stated that even after the NALA conversion' the ofhcial respondents entertained submitted by respondent No'5 indicating the subject agricultural lands and issued pattadar passbook in property as favour of resPondent No-S and consequential entries were made in Dharani Porl al application J ,7 3
4. Learned counsel appearing for the petitioner submits that once the lands are ceased to be agricultural lands the provisions of the then Telangana Rights in Land and Pattadar_ Passbooks Act, 1971 and also the provisions of Telangana Rights in land and Pattadar Passbooks Act,2O2O are not applicable to the non-agricultural lands and as such, the action of the respondent authorities in issuing pattadar passbooks in favour of respondent No.S in respect of the said lands and consequential entries made in the Dharani portal is in gross violation of the provisions ROR Act. I 5: This Court vide its order dated 31.03.2023 directed the petitioner to take out personal notice to respondent No.S. Personal notice has been taken out to respondent No.S and the same was served on respondent No.5. Today, when the matter was taken up for hearing, there is no representation on behalf of respondent No.5.
6. As seen from the record, the petitioner has purchased the subject property. under the registered sale deed bearing Document No.2521 of 2013, dated 28.06.2O13 and the name of the petitioner was also mutated in the revenue records for the extent purchased I I and also issued pattadar passbook. Once the land is converted from agricultural use to non-agricultural purpose, the entertainment of the application Iiled under ROR Act, 2O2O, treating such lands as agricultural lands and consequential issuance of pattadar passbook a I l I I vt!\. 4 or making any amendments of the revenue records, are not in consonance with procedure laid down under the law'
7. Since the respondent authorities are not conferred with any power for mutation of revenue record in respect of non-agricultural lands in favour of respondent No.5 and since respondent No'5 has not opposed the writ petition, this Court deems it appropriate to allow this writ petition as prayed for. 8 Accordingly, this Writ Petition is allowed, as prayecl for' As a secuel, the miscelianeous petitions pending, if any, shall stand closed. No order as to costs. //TRUE COPYII ISD/-MOHD. ISMAIL P]UTY REGISTRAR D ECTION OFFICER To,
2. The Principal Secretary, Revenue Department, Secretariat, Hyderabad The District Collector, Sangareddy District, At Sangareddy. The Revenue Divisional Officer, Sangareddy District, District Collectorate Sangareddy 4 5 o The Mandal Revenue Officer, Sadashivpet, Sangareddy District. One CC to SRI ANDE VISHALA Advocate IOPUCI Two CCs to GP FOR REVENUE ,High Court forthe State of Telangana. louTl \ Two CD Copies
7. KKS GJP b HIGH COURT DATED:2410312025 1 He $rA ,(. ( o o 01 l4AY 2025 z t,)A, t DE.s.AT c i ORDER WP.No.8665 of 2023 ALLOWING THE WRIT PETITION WITHOUT COSTS 0q*o W