High Court · 2025

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 the nature of writ of Mandamus declaring the action of the Respondent Nos.3 to 5 in non-consideringtheonlineapplicationofthePetitionerthroughvide No.2400024499, dated 27.03.2024 and non-initiating to trace out the missing extentoflandtoanextentofAc.l.00GtsinSurveyNo'993/18'whichisSituatedat AmeenpurVillageandMandal'sangareddyDistrictandnon-initiatingtomutate the name of the Petitioner in all revenue records and non-initiating to issue the E- Paltadar Passbook to the Petitioner is illegal, arbitrary, unco nstitutional and violation of Articles 14, 15,21 and 300-4 of constltution of lndia and also violation of principles of Natural Justice and consequently direct the Respondent Nos.3 to 5 to consider the online application of the Petitioner through vide No. 2400024499 ' daled 27.03.2024 and mutate name of the Petitioner in all revenue records and 5 h F Ft! r issue the E-Pattacla-[,assbook on the land of the Petitioner to ar e'rtent of Ac.1.00 Gts in Survey No.0I3/18, which is situated at Ameenpur Villag: and [/andal' Sangareddy District lA NO: 1 OF 2025 Petition Under {iection 151 CPC praying that in tl-le circurtstances stated in the affidavit filerl in r; r:port of the petition, the High Court may br-' p eased to direct the Respondent Nc s.3 to 5 to consider the Online applicatior o' the Petitioner through vide No i,.00024499, dated 27.03.2024 and mutate name of the Petitioner in all re,rer L e records and issue the E-Pattadar Passbcok on the land of the Petitionerto an :xtent of Ac.1.00 Gts in Survey No.993/'1 8, v'hi,;h is situated at Ameenpur Village a rrrl Mandal, Sangareddy District pendrng dir;posal of the Writ Petition. Counsel for the Pelitioner: SRI RAPOLU BHASKAR Counsel for the Respondents: AGP FOR REVENUE W.P.NO: 8486 OF 2025 Between: Edla Ganderatr. S/o. Late tVlallaiah, Aged about 68 Years C cc. Agriculture, R/o H No 9-2!, Beeramguda, Ameenpur Mandal, Sanga t?e:dciv District. ,..PETITIONER AND 1. The State of 'l')iangana, Represented by its Principal Secteiar'r, Revenue 2. The Chief Corr rrissioner of Land Administration (CCLA), Te larrgana, Departmenl, []lrretariat Building, Secretariat, Hyderabad. Hyderabad.

3. The Distrct C: ll=ctor, Sangareddy, Sangareddy District.. 4. The RevenLre l) visional Officer, Sangareddy Division, Sangart:ddy District. 5. The Tahsildar, Lmeenpur Mandal, Sangareddy District ...RES'ONDENTS Petition trnder Article 226 of the Constitution of lndia p!'aying that in the circumstances stat<; j in the affidavit filed therewith, the Hi9 h Court may be pleased to issue an : lrpropriate writ, order or direction more particL larly one in the nature of Writ of It/andamus declaring the action of the Rer;pc:ndent No.5 in interfering into the peirceful cultivation of the land of the Petitiorer to an extent of Ac.1.00 Gts in Survey No.993/18, which is situated at Ameenpur Village and Nflandal, Sangareddy District and trying to disposes the Petitioner from his land without issuing any notice and without following the due process of law is illegal' arbitrary, . unconstitutional and violation of Articles 14' 15' 21 and 300-A of ConstitutionoflndiaandalsoviolationofPrinciplesofNaturalJusticeand consequently direct the Respondent No 5 not to interfere into the peaceful possession of the land of the Petitioner to an extent of Ac 1 00 Gts in Survey No.993/lB,whichisSitUatedatAmeenpurVillageandMandal,sangareddyDistrict without issuing any notice and without following the due piocess of law' IANO:1 OF 2025 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 to direct the Respondent No.5 not to interfere into the peaceful possession of the land of thePetitionertoanextentofAc.l.00GtsinSurveyNo'993/18'whichissituatedat AmeenpurVillageandMandal,sangareddyDistrictwithoutissuinganynoticeand without following the due process of law pending disposal of the Writ Petition Counsel for the Petitioner: SRI RAPOLU BHASKAR C"rn."l for the Respondents: AGP FOR REVENUE The Court made the following: COMMON ORDER {tI t i I t I F !t tr: h I F t I & HONOI]E'ABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT'PETITION Nos.77OO and 8486 of 2o125 COMMON OF'.,)ER: Sinr:c t I Ll issue involved in both these rvri r- pr titions is intrinsically ir-l t rrconnected, they are taken up and hear,1 together and are b,:ing 1 sposed of by this common order.

2. Wrir Pe ri ion No.77O0 of 2025, under Article 2'.16 cf the Constitutior r o ndia, seeking the following relief "...fo is.sirr.. cLppropriate wit ord.er or direction more particL. iat t!.) one itt th! trc1 t'r,: of Wit of Mandamus declaing the actio 1 )f thc) RespotLd..tlt I'os.3 to 5 tn not consideing the C)nline appliaLt:on of the Petitlo,te' tt r tuglt utde No. 2400024499 dated 27.03 202,1 irut notl initiahng tL \ ,a('e out the mtssing exTent of land to an extent ol A).1 Ot) Gls in Sirrr, .1 I'1o.993/ 18 tthich is situated at Ameenpur \/itLag,e and Mandr .jat goreddg District qnd non-initiating to mutote the ntim.e of the Petittor t r iti all reuenue records and non initiatinq to issue rc ]i Pottad @ ,vb trary, unconstltlLLl t al and uiolation of Articles 14,15,21 anct I)O)A o-f CortstitlJito t t l' India and qlso uiolation of Priruciples oJ NatLrLL! - uslict ond con.;etl t,,ntlg direct the Respondent 1{os.3 lo 5 ta cc'n)td.r tlle_ OnLine app'r:t1t1ort of the Petitioner through vid_e No.240002,t499 datecl 27.03.2A2. tn(l mutote name of the Petitioner in all reuenue rt corcls antd issu:, ti t L Pctttadctr Passbook on the land of the petltio lc_t l.o cltl o\IetLl o;' .\ :. 1-00 Gts in Surueg No 993/ 18 tuhich is ::it ia1?(l at Atneettpr,," . I tcle and Mandal Sangareddg Distict...." lr.s.slrook to the Petitioner is illegr ,

3. Wrl1 Pctilion No.8486 of 2025, under Articlt: 21 6 ol the Constitution c 1 I lrdia, seeking the following relief: "...[o issrre (.t oppropiate wrtt order or direcdon more porticular y one in the rialt r - of Wit of Mandamus decLaing the achott c:f tht: Respottdert' lto.S in interfeing into the peacefuL cultiuation oJ th< lond, of tlte P(iiil) Ler to an extent of Ac.1-O0 Gts in Surt,ey l\ro gtt3/1g tuhiclt is :;t'ltated at Ameenpur Vi age and. Mand.al Sttr qa,.eddy Distict and lrying to disposes th.e petitioner from his Land ut thout issulrrgr onu rotice qnd uithout fo otuing the due process ,:f I tut is ) 2 illegol, arbitrary, unconstituticndl and. ui.ol@tion of Articles j4, 15, 21 i:1 30,01 of. Constttution oJ Irutja and also uiokttion of princrptes of Natural Justice and consequendy direct the Respondeit No.s not to interfere into the-peoreful posses;ion of the nna oy tne petjtioner to an extent of Ac.1-0O Gts in Surueg No 993/1g uthich ts situated at Ameenpur Village and Mand.al Sangarecidg District tlithout tssuing any notice and uithout foltotting the due priess oi laut...." 4 Writ Petition No.77O0 of 2O2S is taken up as a leading case to decide the lis in these two cases

5. The brief facts of the case are as follo,"\rs:

6. It is stated that the petitioner is the owner and possessor of agricultural land admeasuring Ac.1.00 gts in Sy.No.993/ 1g situated at Ameenpur Village and Mandal, Sangareddy District, which was assigned in favour of his father, Late trdlaMallalah @ NakkalaMallaiah, in the year 1954 as per the provisions of the Telangana Land Revenue Act, 1317 Fasli. It is further stated the name of petitioner's father was mutated in the reve nue records and Passbook was also issued in his favour. It is also stated that the petitioner's father cultivated the said land until his death in 1991, and thereafter, the petitioner is in possession and enjoyment of the same. It is the case of the petitioner that he submitted Dharani Application No.24OOO24499, Cateci 27.O3.2024, seeking mutation of his name in the revenue records and for issuance of e-pattadar Passbook i_n respect of the subject 1and. The grievance of the petitioner is that even though submitted all necessary documents, ! ,: r1f; -- g{ .-.a€+c4tl :r::.^Pl . --/ ,?, 3 the responcler t :ruthorities failed to locate the subje,:t 1and. with clear bouLndar i -s with sub-division number and i:;_sr_re pat-tadar passbooks. (lr r :stioning the said action, the petition,:r filed Writ Petition No.7'lCO of 2025. Pending adjudication of tlre saicl writ petition, rrllee;ir g that without following due process o 1u1a,, the respondents a-r: Laking steps to forcibly dispossess tlre petitioner from the sul;jt'r 1;roperty, W.p.No.S486 of 2O2S is filt:c,

7. Consirlered the submissions of learned counse lor the respectrve part ( s ar-rd perused the record.

8. The l,:ar r ed Assistant Government pleadcr f,rr Re,,.enue appearing 1or the respondents submits that tht. p,:titioner,s applicatiorr ,7zt<d 27.03.2024 was rejected on 27.O?.110,..14, rnuch prior to thc fili'rq of the present writ petitions, on the, r3rcund that the subject rL rci claimed by the petitioner is clas;ihed as Governme,tt liL tl. It is also contended that no assigrtrne,tt rr:cord relating to gra - t of assignment patta either in favour of pr titioner,s father or in f:r,,rur of the petitioner, is available an,l d.nied the claim of the D,lt tioner that the nature of subject lancl is assigned land and Lhe r ame of petitioner,s father was recorlerl in the revenue reco:d s . , I 4

9. In view of the above submissions, since it is statcd that the petitioner's application d,aLed, 27 .03.2024 has been rejected, this court without going into merits of the case, is of the considered opinion that ends of justice would be met, if the respondents are directed to furnish copy of the rejection order dated 2z .o7.2o2l to the' petitioner, to enable him to avail appropriate remedies as -available under raw, if he is so advised. It is further observed that if the petitioner is in possession of any documentary evidence to support his claim that the rand was assigned to his father or that he is in lawful possession of the same, he is at liberty to submit a fresh online application in the prescribed format in the Bhu Bharati Web Portal seeking correction of entries in the revenue records and issuance of pattadar passbook. In the event of such application being made by the petitioner and if the same fulfills the requirements under the provisions of the Telangana Bhu Bharati (Record of Rights in Land) Act, 2O2S (Act 1 of 20251 and the Rules made thereunder, the respondent-authorities shall examine and consider the case of the petitioner. In any event, rf the application of the petitioner does not fulhll the requirements of the said Act and the Rules made thereunder, the respondent_autl-roritics shall pass a reasoned order, in accordance with law and communicate the,same to the petitioner. I '.). 5

10. Accordirgly, both the writ petitions are disposed o Misc,:llrLleous petitions, if any pending in these ii.r it petitions shall st:utd cl r;ed. No order as to costs //TRUE COPY// SD/. MOHD. ISMAIL DEF'U Y RFGISTRAR /. SE(:TlOl.l OFFTCER The Principal i:cretary, Revenue Department, Secretariat Bu lding. Secretanat Fl alerabad. State of Telahgana. The Chief Corr nrssioner of Land Admi"nistration (CCLA), Tr:la rgana, Hyderabad The Distr ict C r rl ector. Sangareddy. Sangareddy Distnct. rne Heven,,e _'vrsional Officer, Sangareddy Division Sang ar.:ddy District. The Tahsildar,\m€erpUl. tr,4andal, S5nqareildv Disirict One CC ro lRr RApOLU BHASKAR, A-dvocat6 tOpUCl Two CCs tc C) ) FOR REVENUE, High Court foitne Stdte of T:langana, at Hyderabad [() JT] Two CD {)opi,: s To 1 2 J 4 5 t) 7 B PSK. SS i- I i. I I E : h t, : F r t i I F r I I It HIGH COUR'T DATED:2410t112025 COMMON OI?DER WP.Nos.770(l AND 8486 of 2025 o .,1 s s\s f, '-: i', '.'|.2-or,t, .-;.) -.<-.---:---' DISPOSING 0F THE WRIT PETITIONS WITHOUT C()STS il-