Smt. Edigi Anjamma v. 1. State of Telangana

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 writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent in issuing new pass books to the respondent no 4 to 8 and not listlng the properties being Sy. No. 139lal1 (0-1O gts), 'l 39/a/2 (0-1 3 gts ), 139lal3 (0-13gts ) and 139lal4 (0-14 gts) situated at Pomal village, Nawabpet lr/andal, Mahabubnagar District as prohibited under the oaption of court cases as arbitrary, illegal and withc,ut due process of law and alrailst the principres of naturar justice and drrect flr€ respondents to cancel the ne,r pa ssbooks issued to the respondents 4 to 7 l.A.NO:1 OF 202j1 Petitiln Urder Section i51 cpc praying that in the crrcurrstances stated in the affidavil frre,J in support of the petition, the High court m,rrr be pleased to direct the Fres,poi(ients Iisting the properties being S,7.Nos. i lt/a/1 (o-10 gts), 139/a/2 (0-13 gts ), 139/a/3 (0-13gts ) and 139ra/4 (o-i4 gts) r,ituated at pomar village, Nawabper r,4andar, rvahabubnagar District as prohib ted r.der the caption of court. Counsel for the Fetitioner : SRI yOGESH KUMAR HEROOFT Counsel for thr: Respondent Nos.1 to 3 : AGp FOR REVENTJE Counsel for thr: Respondent Nos.4 to 7 : SRI B.HARISUGHANDH REDDY The Court made tlter following ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT N No. t4223 of2O22 ORDER This writ petition is filed seeking to declare the action of respondent Nos. I [o 3 in issuing new passbooks to the respondent Nos.4 to 7 and not listing the properties i e', land admeasuring Ac.O.1O gts., in Sy No' 139/a/ 1, Ac'O' 13 gts , in Sy.No. 139/a/2, Ac.O.73 gts., in Sv No'139/a/3' Ac 0 14 gts', in Sy.No.139/a/4, situated at Pomal Village' Nawabpet Mandal' Mahabubnagar District, as prohibited under the caption of court cases, as illegal, arbitrary and consequently prayed this Court to direct respondent Nos l to 3 to cancel the new passbooks issued to respondent Nos'4 to 7'

2. Considered the submissions of the learned counsel for the respective parties and perused the record'

3. It is stated that the petitioner is the owner and possessor of the agricultural land to an extent of Ac 1 lO gts, out of Ac.2.2O gts., in Sy.No. 139., situated at Pomal Village, Nawabpet Mandal, Mahabubnagar District. It is further stated that when respondent No.4, disputing the right and tille of the petitioner, is interfering with the peaceful possession of the petitioner over { 2 \- CVBR, J W1t 11223 2022 the sttb. er:r l)roperty, the petitioner was constraineC .:o file a suit uide ().S;.lrr,t 76 of 7993 on the file of the Distrrct lr{un.;iT Court, Maha tubn rrJar, for declaration of title and perpetrraI ir- unction over t :re st [:;ject property and the said suit was d isrni s:;ed uide judgmer:t zr:d decree dated 11.10. 1995. Aggrieverl tr1 the said judgmerLt zrrrd decree, the petitioner herein --ras pre 'e:red appea) ,ticLt A-S.No.8 of 1996 on the hle c,f tt e I dditional Distrlct .luc ge, Mahabubnagar and the said appeal u.a.; allowed uide judp.rrLe .r t dated 30.06.2003 granting perrranert ir g _rnction agains - t ler defendants in respect of the suit sc hed ule r)l.operly. Questioning thc said order, iespondent No.4 h,ls filed r second appeal ui,7e., S A.No.701 of 2OO3 on the file of this Cou:t and this Court gran.cd status quo orders till 08.09.2003 rrrd not extendr:d tl-rr:reafter and the appeal is pending ad.juc icat Lcn. It is further c,)ntlltded that taking advantage of the rcpea irLg and replacirLg ol the Telangana Rights in Land ar,d . )e ttadar Passboc,kr; ,\c -, 197 I, with the Telangana Righ ts i;-r La r: d and Pattadar Pzr;:rbooks AcL, 2O2O (for short, .tite r\ct, ll02O), suppressing JLe fact of pending S.A.No.701 of 2OO3 r,n tl.e hle of this Cortrt, rr:spondent Nos.4 to 7 obtained pattadal pa,.;sbooks and title deecls for the subject land. euestioning the szLir tction of the respo;rrlent authorities in issuing pattadar pasrsbooks l I J CVBR, J Wp 14223_2022 pending of S.A.No.7O I of 2003 on the file of this Court, the present writ petition has been hled.

4. [rarned counsel for the petitioner has vehemently contended that under the guise of the pattadar passbooks issued in favour of respondent Nos.4 to 7, attempts are made to alienate the subject property in favour of third parties, which would result in loss and prejudice to thc petitioner. Learned counsel further contended that S.A.No-701 of 2003 ltled by respondent No.4 has been dismissed uide judgment dated

26.O4.2024 and as such, respondent Nos.4 to 7 are not entitled for issuance of pattadar passbooks and also various incentives sanctioned by the Government as investment subsidies.

5. Learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3 has submitted that pending adjudication of S.A.No.701 of 2003 on the file of this Court, passbooks have been issued under the provisions of the Act, 202O. However, in view of S.A.No.7O1 of 2OO3 being dismissed by this Court, if the petitioner makes an application in appropriate module of Dharani portal duly enclosing the documents relating to the subject land and also copy of the judgment passed in S.A.No.7O1 of 2003, the respondent 4 CVBR, J '['r' 4))\ )n1') autho rit ie s .,r'ould take appropriate action fr,r cilnce I ation of p&SS[rle a,c; ssued in favour of respondent Nos.4 ro 7 and conse(lu,tn li: rl mutation of the name of the petition,:r in the revenLc records and for issuance of pattadar pzrssbookr;.

6. '-his r}rurt, uid-e order dated 23.03.2025 issueC nctices to responCent l{os.4 to 7 an.d appearance was marle. r{ cv",ever, when the ntatter is listed on O8.O2.2O25. th:re r,ras no represenlatilrr for respondent Nos.4 to 7.

7. In .,.re.r, of the aforesaid submissions, this Court l:ems it approplia tc io dispose of the writ petition per mit ing the petition,-r t,r rrake an online application for correclio r of the entries r-r th: revenue records/updation of the revenue records and cons€queetial'issuance of pattadar passbook i-r resl;ect of the subjec t l,r'operty as per the orders passed I>r. tiLis Ocurt in S.A.No.7O o'2OO3, duly enclosing all the docunrcnts as per the provisiorrs of rhe Telangana Bhu Bharati (Reccrd of R ghts in Land) Act, 2t)2j (for short "the Bhu Bharati Act,,). tn -he )\,ent of making srtcl t application, the respondent rLuthoriti 3li are directed to consider the said application, after issuirLg n )tice to ali the inte res 1,:d /affected persons and pass appropr iare c rders e Provisions of Bhu Bharathi Acr The 5 CVBR, J Wp 14223 2022 entire exercise shall be completed within a period of three (03) months from the date of receipt of a copy of this order. 8 With the above observations, this Writ petition is disposed of. There shali be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed //TRUE COPY// SD/-A. PRATHI DEPUTY REGISTi MA SECTION OFFICER The Principal Secretary, State of Telangana, R Telangana at Hyderabid. The District Cotiector, Mahabu bnagar District at The Tahsildar, Nawabpet Mandal, At Nawabpet Mah abubnagar District Two CCs to Gp FOR REVENUE, High Cou rt for the State of Telangana at Hyderabad. [OUTl One CC to SRI YOGESH KUMAR HER OOR, Advocate loPUCl One CC to SRI B HARISUGHANDH REDDY, Advocate (oPUC) Two CD Copies e Secretariat, State of abubnagar. To 1 ..) J 4 Cl 7 SA GJP4- I ri?:.ir.---\ YoR \. ^\' J i-, i),,, 12 llji il6 ia, .: :'l Dp, HIGH COURT DATED:0310,412025 ORDER WP.No.1422i1 of 2022 DISPOSING (]F THE W.P WITHOUT COSTS. 4 1, {, l) -( It\ /