✦ High Court of India · 20 Mar 2025

High Court · 2025

Case Details High Court of India · 20 Mar 2025
Court
High Court of India
Decided
20 Mar 2025
Bench
Not available
Length
1,911 words

Petition under A(icle 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 1-4 in not cancelling the fraudulent E-Pattadar Pass Book Cum Title Deed, issued in the name of the Respondent No.S vide Khata No.22 in respect of Petitioner's Agriculturat land admeasuring Ac.0-15 Gts in Sy.No.123lAAl1 and the land admeasuring Ac,O-l6 Gts in Sy.No.12SlAAh , situated at Kasaram Village, Mominpet Mandal, Vikarabad District and in not cancelling the E-Pattadar Pass Book Cum Title Deed, issued in the name of the deceased person by name Syed Moinuddin vide Khata No.426, by deleting his name in ROR and Dharani Portal, in respect of Petitioner's Agricultural land admeasuring Ac.3-05 Gts in Sy.No.135, situated at Kesaram Village, Mominpet Mandal, Vikarabad District and in not incorporating the said lands in the Petitioner's new E-Pattedar Pass Book Cum Title Deed No. T07110150159 as per the Old Pattadar Pass Book No.336096 Vide Patta No.1 77, by considering the Petitioner's Dharani Application No.2500003625, dated 22-01-2025 for correction of Data in his E-Pattadar Pass Book, is most illegal, arbitrary, against the Principles of equity and natural justice , Violation of Article 14,19,21 and 300-4 of Constitution of lndia and the Provisions of ROR Act and consequently direct the Respondent Nos.2-4 to cancel the fraudulent E-Pattedar Pass Book Cum Title Deed, issued in the name of the Respondent No.5 vide Khata No.22 in respect of the Agricultural land admeasuring Ac.0-15 Gts in Sy.No.123lAAl1 and the land admeasuring Ac.0-'16 Gts in Sy.No .129lAAl1 , situated rt Kasaram Village, Mominpet Mandal, Vikarabad District and to cancel the E.Pattadar Pass Book Cum Title Deed, issued in the name of the deceased person by name Syed Moinuddin vide Khata No.426, by deleting his name in ROR:.nd Dharani portal, in respect of the land admeasuring Ac.3-05 Gts in Sy.No.135, situated at Kesaram Village, Mominpet Mandal, Vikarabad District and furthe' to direct them to incorporate the Petitioners name in respect of the said lands rn his new E.pattedar Pass Book Cum Title Deed No. T071 101 501 59 as per the Olc: Pattadar pass Book No.336096 Vide Patta No.'1 77 and further to issue a Writ ol Certiorari calling for records pertaining to the Succession Proceedings No.5g7C)/2010, dated 16-10- 2012, on the file of the Respondent No.4, granting Succesr;ion in favour of the Respondent No.5 with out giving any prior notice to the Petitioner, in respect of the lands admeasuring Ac.O-15 Gts in Sy.No.123tA and an ext( nt of Ac.0-16 Gts in Sy.No.1 29lA, situated at Kesaram Village, Mominpet Mar rdal, Vikarabad and quash the same as null and void. lA NO: 1 OF 202s Petition under Section 151 CPC praying that in the cirr:u651316.. stated in the affidavit filed in support of the petition, the High court may be pleaied to direct the official Respondent Nos.2-4 to incorporate the extent of and Ac.o-'l5 Gts. in Sy.No.'123lAA, an extent of Ac.O-16 gts in Sy.No.129lAA and an extent of Ac.3_05 gts in Sy.No-135, situated at Kesaram Village, Mominpet Mandal, Vikarabad District in my E-Pattadar Pass Book cum Title Deed No.-'07110150159, Vida Patta No.'l 77, in ROR and in Dharani portal by deletinry the name of the Respondent No.5 and one Syed Moinuddin respectively. Counsel for the Petitioner: SRI PALLA DAMODAR REDDy Counsel for the Respondent Nos.1 TO 4: Gp FOR REVENUE Counsel for the Respondent No.s: - The Court made the following: ORDER THE HON'BLE SRI .TUSTIC E C.V.BHAS KAR REDDY WRIT PETITION No.8464 of 2O25 ORDER: This writ petition is filed seeking following relief: "For the reasons stated in the accompanying affidavit, the petitioner herein prays that the Hon,ble Court may be pleased to issue a Writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 1-4 in not cance'ing the fraudulent E-pattadar pass Book cum Title Deed, issued in the name of the Respondent No.5 vide Khata No.22 in respect of petitioner,s Agricurtural land admeasuring Ac.O- 15 Gts in Sy.No. 123 / AA/ 1 and, the land admeasuring Ac.o_ 16 Gts in Sy. No.l29 / AA/ l, situated at Kasaram Village, Mominpet Mandal, Vikarabad District and in not cancelling the E-pattadar pass Book cum Tide Deed, issued in the name of the deceased person by name syed Moinuddin vide Khata No.426, by deleting his name in ROR and Dharani portal, in respect of petitioner,s Agricultural land admeasuring Ac.3-05 Gts in Sy.No. 135, situated at Kesaram Village, Mominpet Mandal, vika.rabad District and in not incorporating the said rands in the petitioner,s new E-Pattedar pass Book cum Title Deed No. To7110150159 as per the old pattadar Pass Book No 336096 vide patta No.177, by considering the petitioner,s Dharali Application No 250oo03625, dated 22-or-2o25 for correction of Data in his E-pattadar Pass Book, is most illegal, arbitrary, against the principles of equity and natural justice, violation of Article r4,rg, 2r and 300 A of constitution of India and the Provisions of ROR Act and consequently <iirect the Respondent Nos.2_4 to cancel the fraudulent E-pattedar pass Book Cum Title Deed, i-ssued in the name of the Respondent No 5 vide Khata No.22 in respect of the Agricultural rand admeasuring Ac.0-15 Gts in sy.No-r23/AA/r and the land admeasuring Ac.o-16 Gts in sy.No.129/AA/1, situated at Kasaran village, Mominpet Mandal, vikarabad District and to cancel the E-pattadar pass Book Cum Title Deed, issued in the na,,e of the deceased person by name Syed Moinuddin vide Khata No.426, by deleting his name in ROR and Dharani portal, in respect of the land admeasuring Ac.3_05 Gts in Sy.No.135, situated at Kesaram Village, Mominpet Mandal, Vikarabad District and further to direct them to incorporate the petitioner,s name in respect of the said lands in his new E-Pattedar pass Book Cum Titte Deed No. TOTt IO15O159 as per the Old Pattadar Pass Book No.336o96 vide patta No.r77 and further to issue a writ of Certiorari calling for records pertaining to the Succession proceedings No.5970/2O10, dated 16 lO 2012, on the file of the Respondent No.4, granting Succession in favour of the Respondent No.5 without giving any prior notice to the petitioner, in respect of the Iands admeasuring Ac.0-r5 Gts in sy.No. 123/4 and an extent of Ac.o 16 Gts in '1 :: l : 2 CVBR, J W.P.No.8464 of 2025 Sy.No.f29/A, situated at Kesaram Vitlage, Mominpet Mandal, Vjkarabad and quash the same as null and void and pass such, other order or orders z s the Hon'ble Court may deem ht and proper in the circumstances of the case." It is stated that the petitioner is the absolute owner and ?. possessor of agricultural lands admeasuring to an extent rf Acs. 1.O9 guntas in Survey No.123/AA, Acs. 1.23 gintas in Suwey No. 12!r'/AA and Acs. 3.05 guntas in Survey No.135, total admeasuring Acs. 5.37 rJuntas, situated at Kesaram Village, Mominpet Mandal, Vikarabad District, l aving inherited the same by way of succession from his father and his three t lder brothers. It is further stated that the revenue authorities also issued pattadar passbook and title deed in favour of the petitioner in the year 1994 under the provisions of the Telangana Rights in Land and Pattaciar Passbooks Act, 197 | uide Patta No. I77 . lt is further submitted that fra udulent e-pattadar passbook cum title deed was issued in the name of the ,ih respondent uide Khata No.22 in respect of the agricuitural land admeasur-ing to an extent of Acs. 0.15 guntas in Survey No. 123/AA/ 1 and Acs. 0.1(r guntas in Survey No.I29 lAAll by issuing false Family Members Certihcat e, false Succession Proceedings and false Pattadar Passbook in favour of the 5e respondent. It is further submitted that for the land to an extent of A cs. 3.05 guntas in Survey No. 135, for which the petitioner's father was th': protected tenant, the name of the original land holder Sri Syed Moinuddin is still continuing in revenue records and Dharani Portal as pattadar instea d of recording the petitioner's name as per the old Pattaciar Passbook. It is further stated that CVBR, J W.P.No.8464 of 2025 the petitioner made online application uide No.25OO003625 dated

22.01.2025 for data correction and issuance of new e-pattadar passbook to the pe[itioner, but respondent Nos.2 to 4 neither corrected the wrong entries nor given any reply. Hence, the writ petition.

3. Considered the submissions of the learned counsel for the \ respective parties and with their consent, this writ petition is disposed of at the admission stage

4. In view of the submissions made by the learned counsel for the respective parties, this Court, without expressing any opinion on the right and entitlement of the petitioner and as it is stated that old pattadar passbook and title deed was issued in favour of the petitioner in the year 7994 uide Patta No. 177, deems it appropriate to dispose of the writ petition directing the respondent authorities to conduct a detailed enquiry after issuing notice to all the interested persons and if the petitioner is otherwise eligible and fulfils all the requirements of the circular instructions issued by the CCLA uide circlular No.1 of 2027, dated l5.Ol.2o2l and Circular No. 1 of 2024, d.ated 28.02.2024, the respondent authorities are directed to carry out necessary corrections in the passbook as well as in Dharani Portal and issue amended pattadar passbook. If the petitioner is not entitled for correction of the entries in the passbook and revenue records, the respondent authorities are directed to pass a reasoned order and communicate the same to the 4 CVBR, J W P.No.8464 of 2O25 petitioner within a period of eight (08) weeks from the da -e of receipt of a copy of this order. 5 Withtheaboveobservations,thisWritPetitioeisdisposedof. There shall be no order as to costs Miscellaneous applications pendlng, if any, shall stanf closed ( iD/- T. JAYA SREE PUTYREGISTRAR //TRUE COPY// '\ SECTION OFFICER To langarna Secretariat, 1. The PrinciPal Secretary for Revenue DePartment, BRK Bhavan, HYderabad, State Of Telangana 2. The District Collector, Collectorate Office, Vika rabad District, Vikarabad 3. The Revenue Division al Officer, Vikarabad Division, Vikarrlbad 4. The Tahsildhar, MominP et Mandal, MominPet Villag e, Vikaraba d District 5. One CC to SRI PALLA DAMODAR REDDY, Advocate [O['UC] 6. Two CCs to GP FOR REVENUE, H igh Court for the State of Te langana, at 7. Two C Hyde rabad. [OUT] D Copies PSK. ?t^.q ^ GMN HIGH COURT DATED:2010312025 ORDER WP.No.8464 of 2025 R t lE Sr4 r€ $(' IEJUr'l m > a t r ATCrlEO DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?'.\E, ,r.\S \,( I i I

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