High Court · 2025

Petition under Article 226 ol lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pieai"o'to i$sue writ, order or Direction more particularly one in the nature of [vCrr or MANDAMUS declaring the action of ths Respondqnt No-2. to. 5 authorities in not correcting the recbrds of revenue and entries in Dharani Website showing the land of the petitioner in sy.No,439 extent Ac.o-37gts si(uated in lhe ri*lG "i Bomiaspet vittage and Mandai, Vikarabad District as_Private Patta.Land instead of Assigled Laid and Ceiling Patta in pursuqnce of the representatipn Dated. 22-1- 2625 submitted by hirir to the Respondents No.2 to 5 and also through online Dharani Portal on25-i-2025 a9 is illegal, arbitrary, unjust,.has the effeciof violation of fundamental rights guar4nteed to the petitioner ula 14, 19' 21 and 300-4 oi the Qonstitution of lndia ind consequenlly direct thg. Respondentg No.2to5tochangetheaategoryofthelandofthepetitionerinSy.No439extent Ac o-37ots situated in tfre limlti of Bomraspet village and Mandal, Vikarabad 'o[trtt -r. Frivate patta Land instead of Assigned Land and Ceiling Patta in Dharani Website and issue new pattadar pass books and title deeds lA NO: 1 OF 2025 Petition unrJe'r [iection 151 cpc praying that in the circumsrances stated in the affidavit filec n support of the petition, the High court may be 1:leased petition to direct the respcnrl:rrts No.2 to 5 direct the Respondents No.2 to 5 to change the category of the la nrj of the petitioner in sy. No.43g extent Ac o-3 zrJts situaied in the limits of Bc,mrasp:t village and Mandal, vikarabad Distrir:t as ;private patta Land" instead cf "l\;r;igned Land" and "Ceiling patta,, in Dhara.ri Website anC' issue new pattadar p a.;s books and tifle deeds Counsel for ther Petilioner: SRl. K VENKATESH GUPTA Counsel for the Resrtr:ndents: AGP FOR REVENUE fhq Cqurt made the foltowinq: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.9233 of 2o25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the foilowing relief: ".. .to issue an appropiate urit, order or direction; more partiantarly one in the nature of utit of Mandamus: a) bg decloing the oction of Respondents 2 to 5 in not correcting the records of reuenue enties in Dharoni Portal shou.ting tLLe land of the petitioner in Sg.No.439 a'dmeasuing Ac.0.37 gts., situated ot Bomraspet Village and Mandal, Vikarabad Distict os 'piuate patta land' instead of 'assigned land' and / ceiling patta' in pursuance of representation dated 22.01.2O25 submitted bg him to respondent Nos.2 to 5 and also through online Dharani Portal on 25.01.2025, as illegal, arbitrary and uiolation of fundomentol ights under Article 14, 19, 21 and 30OA of Constitution of India: and b) consequenttg direct the official respondents Nos.2 to 5 to change the category of the subject propertA and issue neu-t pattadar passbooks and title deed books or pass such other order or orders as this Court deems fit and proper in the circumstonces of ttre ca.se..."

2. The case of the petitioner is that one Sri Vallabh Rao, S/o Ranga Rao, was the original owner and pattedar of the wet land 2 admeasu -irg A.c.O-37 gts., in Sy.No.439 situated at Bomraspet Village ar-rd lV andal, Vikarabad District (previously Ma habubnagar District). It stll.ed that the petitioner herein purchz'sed the subject property unrl r r registered sale deed bearing Docunrenl 'tlo 1647 of 2OO7, datel. '.1' .06.2007 and since then, he has tee'n in peaceful possessic n ar cl cnjoyment over the subject propertv at Lc' his name was also mutitted in the revenue record. Owing to his ill-health and in order 1o n1,]ct his medical expenditure, the petitionet intended to sell the sulrjerr t property and upon verihcation, he came 'c know that the nature of the subject property was shown eLs 'cerlir g patta' and 'assigned leLnc' in Dharani Portal.

3. Th: ryit:t,ancc of the petitioner is that hc submltt:r1 an online applicati,rn ir Dharani portal on 25.01.2025 seekin64 :orrection of nature o 1;rr':r[ and even after lapse of more thar 60 dzrys, the official respondr'nl.s rlid not choose to act upon the salne Agg ir:ved by the said inactron ol the official respondents, the petitiorrer filed the present rvr t tretition. 4 . Le rr ret I counsel appearing for the pt:titioner vehemently contendod t h a t the petitione r has purchased rl're sttb ect property under the r,:3istered sale deed and he has also obtrairrr:d pattadar passboo)< bea:ing No.1522, dated 21.O7.2OC7 enLT zLs per the Telangarra As signed Lands (Prohibition of Transferr;) A >t, 1977 (Act I I L-i 3 No. 9 of 19771, Lhe assigned lands are prohibited from transfer' The District Collector or any other Officer, not below the rank of a Mandal Revenue Officer autho rized by him in this behalf, shall within 45 (forty five) days from the date of commencement of the Telangana Assigned Lands (Prohibition of Transfers) (Amendment) Rules, 20O7 furnish to the Registering Officer having jurisdiction over lhe area a list of lands assigned to the landless poor persons with all particulars of assignment and further furnish such particulars of new assignment forthwith. It is further submitted that as per sub-section 2 of Section 5 of the Act, notwithstanding anything in the Re gistration Act, 1908, no Registering Officer shall accept for registration of any document relating to the transfer of or creation of any interest in any assigned lands as furnished in the list I I under sub-section (1) and that any ofhcer, violating the provisions under subsections (1) and (2) of section 5 shall be punished with simple imprisonment which may extend to six months or with fine which may extend to ten thousand rupees or with both. It is further submitted that even though the Sub-Registrar concerned has entertained the sale deed and Tahsildar issued pattadar passbook treating the land as not assigned land, on contrary to the same, the ofltcial respondents are not issuing e-pattadar passbook on the ground that the nature of the land being classified as 'assigned land'' 4

5. Sin,:e rt is; stated that the aforesaid applicatio;r .s p ending on the file of th e of[rcial respondenls, respondent No.3 ttistrct Collector is directe l tr; r:all for record rela[ing to the sr-Lbje< t p c perty and decide tht nal,rrre of 1and. If the nature of the lanrl is rot :lassihed as assigned [and, l.he District Collector is directed to i,;srrt ] pattadar pass book t() t.lr( petltioner, in accordance with la',r-. ResporLdent No.3 shall compL:te rhe said exercise within four (4) v'eeks lrorr 1f16 6.1. of receipt :f a copy of this Order.

6. With thr: erbove observations, this Writ PeLition is rlir.;tr,osed of As zL seqr,:1, the miscellaneous petitions pcncling, ji any, shall stand closed. .\o order as to costs. SIY-L. VIJAYA LAXMI \ ASSISTANTREGISTRAR \ , sEC TloN OFFICER , I f\ur- vv'| " //TRUE COPY/' \ \ r \\ To,

1. The Prin:ipal riocretary, Department of Reve\u4' Secreterriat' Fyderabad 2. The Chief Oorrrnissioner of Land Administrati#' Governrnenl cf Telangana' Hyderabad

3. The Distric: O'lllector, Vikarabad District' Vikarabad' 4. The Revenue Crivisional Officer' Tandur Division' Vikarabad t)istrict 5. The Tahsil'lar, 30mraspet Mandal' Bqmraspet' Vikarabad Dis trict' 6. OneCC to SiI KVENKATESH GUPTAAdvocate [OPLIC] 7. Two CCs to (l r FOR REVENUE 'High Court for the State 'lf Telangana' I KKS BS Two CD Copier; +P, HIGH COURI- DATED:2610?i12025 ORDER WP.No.9233 of 2025 I llt :; r,'] (: I o\ J* o o )- I ((\ t' 1 2 .lti,l [6 z o + A -:-lr :. -; DISPOSING TFIIE WRIT PETITION WITHOUT COSTS 24 1l 6