High Court · 2025
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Petition under Article 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 Wrlt' order or direction, declaring the action of the respondents more particularly respondent No.4innotConsideringtherepresentationdated22to2t2o2sandnotmutatingthe Agricultural land i.e., land bearing Survey No 36i2' admeasuring Ac 1 3000 gts' vide PPB No. T13110180098, Khata No 186' situated at Kura Village' Jainath Mandal,AdilabadDistrict,inthenameofpetitioner,whichisillegal'arbitrary' unlawful. and contrary to the principle, of natural .iustice' consequentially direct the 4th respondent to consider the representation dated 2210212025 submitted by the petitioner and mutate the agricultural land bearing Survey No 36/2' admeasuring Ac. 1.3000 gts, situated at Kura Village' Jainath t\'4andal' Adilabad District in the name of petitloner. lA NO: 1 OF 2025 Petition under Section 1Si 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 4th respondent to consider the representation dated 2210212025 submitted by the petitioner and mutate the agricurturar rand bearing survey No. 36/2, admeasuring Ac. 1.3000 gts, situated at Kura village, Jainath t\zlandal, Adirabad District in the name of petitioner, during. pending disposar of the writ Petition Counsel for the petitioner: SRI SOMA RAVI KIRAN REDDY Counsel for the Respondents: Gp FOR REVENUE The Court made the following: ORDER ! i i i i i , i : i , : t I r I t I I i i i I HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.92 37 of2o25 ORDER: This Writ Petition, under Articie 226 of the Constitution of India, is hled seeking the following reliet "...to issue an appropiate turit, order or direction; more particutarlg one in the noture of tuit of Mandamus: a) bg dectaring the action of respondent No 4 in not considerinq the representation dated 22.02 2025 and not mutoting the agna tural land i.e.' lond beaing SA No 36/2' admeasuing passbook bearing Ac.1.3O guntrLs, uicie pattad ar No.713110180098, Khota No 186 situated ctt Kura Viltage' Jainath Mondal, Adilabad District, in the name of the petitioner' as iltegaL, arbitrory and uiolotion of pinciptes of notural justice: b) conseq,tentlg direct respond-ent No'4 to constder the said representotion dated 22'02 2025 submitted bg the petitioner and mutate the subJect propertA in the nctme of the petitioner or orders as thts Court deems Jit and proper in the cira)nLstances of the case-..
2.ThecaseofthepetitioneriSthatonelatesmt.EmpellyGangu @ Empelly Gangu Bhai, W/o late trmpelly Devanna' who is the paternal aunt of the petitioner, was the original pattadar and owner of the land admeasuring Ac.1 3O guntas in Sy'No 36/2 situated at Kura Village, Jainath Mandal, Adilabad District and to that effect l I I i t 1 I l 1 I t 2 pattadar passbook bcaring No.T13110180098, Khata No.186 has been issued in her favour. It is stated that during her life time, the petitioner has been taking care of her and that she executed an undertaking-cum-bond on 27.O5.2024 in the presence of the village elders and rvitnesses. It is also stated that the saicl latc Smt.trmpelly Gangu @ Empelly Gangu Bhai died on 2a.O5.2O24 and she has no legal heirs. It is further stated that relying upon the said undertaking-cum-bond, the petitioner has macle an application on the lile of respondent No.4 for mutation of his name in revenue records in respect of the subject property and also for consequential issuance of pattadar passbook.
3. Learncd Assistant Gove rnment pleader for Revenue submits that the since the document on u,hich the petitioner has placed reliance is an undertaking-cum-bond, the pctitioner has not been declared as successor in interest of the original pattedar and his application has not been considcred for mutation and for consequential issuance of pattadar passbook. He further submitted that Lhe petitioner has to approach the competent Civil Court and obtain decree in his favour as successor and rhe alleged undertaking curn-bonci as valici one, lhcn only, the petitioner is entitled to make an applcation for mutation of his name in the revenue record artd for issuance of pattadar passbook. 'r-":rary -- *-:\<{
4. In the light of the said submission, leaving it open to the petitioner to institute a comprehensive suit and obtain necessary decree declaring him as the successor of late Smt.Empelly Gangu @ Empelly Gangu Bhai, W/o late Empelly Devanna and after obtaining such an order from the competent Civil Court, the petitioner is permitted to make an application before the revenue authorities for amendment of revenue records and for issuance of pattadar passbook. 5 With the above obserwations, this Writ petition is disposed of As a sequel, the miscellaneous petitions pending, if any, shall stand closed. No order as to costs. ,TRUE COPYi/ SD/. A. SRINIVASA REDDY ISTANT REGISTRAR SECTION OFFICER \ To, 1 Principal Secretary,(Revenue Department), Secretariat Building, The State of Telangana, Hyderabad. The Collector, Adilabad, Adilabad District. The Revenue Divisional Officer, Adilabad, Adilabad District. The Tahsildar, Jainath ft/andal, Adilabad District. One CC to SRI SOMA RAVI KIRAN REDDY Advocate IOPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana. Two CD Copies 2 3 4 6
7. BGS. GJP I I I I I l i I t I I ! I i I l HIGH COURT DATED: 2610312025 ORDER WP.No.9237 ot 2025 roSTHES t!) .2 + 10 JUt 2[6 '' ""'--:',.1t'l . -.....:: { DISPOSING OF THE WRIT PETITION WITHOUT COSTS. C)(9) 1I