High Court · 2025

Petition under Artrcle 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of Mandamus or any other appropriate writ and direct the respondents to forbear from interfering with the possession and enjoyment of the petitioner over the subject land admeasuring Ac.g-25 guntas in Sy.Nos.10O/A/B/C/D of [\/amunoor Vitlage, Khila Warangal Mandat, Warangal Urban District w]thout following the procedure of law and grant such other relief as it deems fit in the circumstances of the case. lA NO: 1 OF 2019 . 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 respondents not to interfere with the possession and enjoyment of the petitioner over the subject land admeasuring .rtc 8 25 guntas in Sy.Nos.'1 OOiAIB/C/D of I\,4amunoor Village, Khila Warar 3;rl l\,4andal, Warangal Urban District, pending disposal of the writ petition. lA NO: 1 OF 2020 Between: 1 . The State of Telangana, rep. by Secretary, Revenue D.:partment, Secretariat, Hyderabad.

2. The Dislrict Collector, Warangal Urban District. 3. The Tahsildar, Khila Warangal Mandal, Warangal Urb,:rr District. 4. The Revenue Divisional Officer, Hanamkonda, Warant;i, i Urban District. AND Ganta Buchiram Reddy, S/o. Narasimha Reddy or (:janta Narsaiah, aged about 69 years, R/o. USA, rep- by his GPA Holder, \,asam Venkateswarlu, S/o. Laxminarayana, aged about 39 years, lf ,'o. H. No.'16-3-72911 , Ekashilanagar, Fort Road, Warangal Urban District ...PETITIONER .RESPONDENT Petition under Section 151 CPC praying that in tht: ,;rrcumstances staled in the affidavit filed in support of the petition, the High Cor. ( may be pleased to vacate the intenm orders dated 25.04.2019 passed in lA l'1o..1/2019 in WP No. 9041 of 2019 and dismiss the above writ petition. Counsel for the Petitioner: SRI A.KRANTI KUMAR REDDY Counsel for the Respondents: AGP FOR REVENUE The Cou( made the following: ORDER t ORDER: THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.9O41 of 2019 Heard learned counsei for the petitioner and learned Assistant Government pleader for Revenue for respondents and perused the material available on record.

2. Learned counsel for the petitioner submits that this writ petition is filed questioning the action of the Respondents in interfering with the peacelul possession and en-ioyment of the petitioner over the subject land admeasuring Ac.8-25 guntas Sy.Nos. tOO/A/B/C/D situated at Mamunoor Village, Khila Warangal Mandal, 1n Warangal Urban District, without fo[owing due process of law.

3. The contention of the petitioner is that the petitioner has inherited the subject land since the father of the petitioner was recorded as pattedar as per the entries contained in Khasra Pahani for the year 1954-55. Thereerfter, the subject land has been mutatcd in the name of petitioner and pattadar passbooks and title deeds were also issucci in la',,our of the petitioner-. V,/hile it being so, the respondents 2 - Nos.3 and 4 came to the land of petitionet rr,itl'r a JCB and tricd to demolish the structures over the sul r,cct land u.ithout giving notice or opportunity to the petition,tr . Aggrieved by the action of the respondent authorities, 11r,: pt'titioncr iiled the present Writ Petition and requested to zrllrrw the same by directing the respondent authorities not to irrte rlere with the possession ol the petitioner without follo'"vir:1,; due process of law'

4. On the other hand, basing on tht: r:ounter liled by thc respondent No.3, learned Assistalt Go',t,rnment Pleader lor Rcvenue submits that mere mutation ,r1' name in the Revenue records does not create either ex I inguish title or does it have any presumptive value on the ti1 [c and it is onlv enable the person in whose favour mutation i.; ordered to pay the lald rcvenue to the exchequer. The par.trrdar passbooks issued to the petitioner was irregular and wir l-rout jurisdiction as the provisions of the Telangana Recorll of Rights and Pattclar Passbooks Act, 197 l, (for brevity 'th<: ttOR Act, 1971) is not applicable to the Government lands, as; such, any such passbook even if issued, the same does ;l()t create anv interest, right, title to agitate the same belxe this Court c ( 3 Therefore, requested this Court to dismiss the writ petition as devoid of merits

5. After hearing both sides and on perusing the entire material on record, this Court is of the considered view that admittedly there is no dispute with regard to the petitioner as pattadar of the subject land admeasuring Ac.8-25 guntas in Sy.Nos.lOOlAlBlClD situated at Mamunoor Village, Khila Warangal Mandal, Warangal Urban District. The grievance of the petitioner is that the respondents without following due process of law interfering with the possession of the pctitioner's property. On the other hand, the respondent authorities have filed counter as well as additiona,l counter stating that they are not disputing with the possession of the petitioner and the issuance of pattadar passbooks and title deeds in favour of the petitioner, but, the same were irregular and contrary to the ROR Act, 197 1.

6. As per records, it clearly shows that the respondent authorities without following any procedure interfere with the pcssession of the subject propert5r on the ,. t ground that the passbooks and title deeds are irregular. If the r 4 respondent eruthorities leels that pattadar pzr:tsbooks and titlc deeds are irregular, they have to take app opriate steps to cancel the sarne in appropriate procr-.t,dings. Without initiating aly proceedings, the respondent authorities not to interle re n'ith the possession of the subject l)r'operty.

7. In view of the above hnding, thls Writ Petition is disposed of directing the respondent ar-r horities not to interlere with the possession of the t,etitioner's land admeasuring Ac.B-25 guntas Sy.Ncs. too/A/B/C/D 1n situated at Mamunoor Viliage, Khila W'a rangal Mandal, Warangal Urban District. If the respondents u,ant to acquire the land of the petitioner, they are dircctt:d to foliow the procedure as contemplated under Right to F:rir Compensation ald Transparency in Land Acquisition, Rr:habilitation and Resettlement Act, 2013. No order as to costri.

8. Miscellaneous petitions, if any, per:ding in this writ petition, shall stand closed. //TRUE COPY// I. M. OSMAN ALI BAIG iplSTANT REGISTRAR ,- SD lY, \. 1 .\*, t Hyderabad, State of SECTION OFF ICER To,

1. The Secretary, Revenue Department' Secre Telangana'

2. The District Collector, Warangal Urban District' 3.TheTahsildar,KhilaWarangaltt,4andal,WarangalUrbanDistrict. 4. The Revenue Divisional Officer, Hanamkonda' Waretn'lal Urban District t'

5. One CC to SRI A.KRANT| KUMAR REDDY, Advocate tOpUCl t ly3":r?:Jiotfr,too REVENUE' Hish court ror the state or reransana at /

7. Two CD Copies o BSR TKS ,l HIGH COURT DATED:0410912025 I ...\ -li: ' L'^.'..l ^ i 2 $ i:? 2025 , /./ ORDER WP.No.9041 of 2019 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 21 a ...$fier.€-,