The High Court · 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 set aside the enclorsement vide Proceeding No.D2lTM33l220OO446Oll2O23 dated 11.0g.2O23 issued by the Respondent No: 3 and further direct the Respondent No. 3 the District r3ollector, K B Asifabad District to pass appropriate. orders on the Petitioners Representation dated 14.03.2023 in respect of Petitioners ancestral agricultural land to an extent of Ac. 2-26.80 Gts in Survey No. 14l2l1N1l1situated at Kothapet \/illage, Kaghaznagar Mandal of K.B. Asifabad District, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI RAMAKRISHNA Kt LKARNI FOR SRl VENU CHEGGAM Counsel for ttre Respondent Nos.l TO 5: SRI L.RAVINDER, AGP FOR SRI K.MI.TRALIDHAR REDDY, GP FOR REVENUE Counsel for tJre Respondent No.6: - The Court made the following: ORDER @ ORDER: THE HON'BLE SRI JTISTICE E.V.VEIIIIGOPAL - WRIT PETITION No.1O304 of 2O23 / The present writ petition is filed by the petitioner under Article 226 ofthe constitution of India for the following relief : . o... to issue a writ, order or d.irectior, )iioti particularly one in the nature of writ of mandamus declaring the action of the respondeni.No.3 in not issuing E-Patta pass book under section 6 of Telangana Rights in L,and and Pattadat Pa"s Books Act, 2O2O in respect of petitioner's ancestral agricultural land an extent of, Ac.2'26.8O Gts., in Survey No.l42l An I L situated at Kothapet Revenue Village, .$,ag;haznagar Mandal of K.B.Asifabad District in pursuance of petitioner's online application for passbook data correction vide Application. No' ZbbOO++OOt datid 19.06.2022 and ollline representation dated 14.03.2023 as illegal, unjust, arbitrar5r, suffers from lail-uJe of exercising the jurisdiction visted in the respondent No.3 and violation of fundamentai rights guaranteed to the petitiorrer.under Article L4, 2l and 3OO-e of tfre Conititution of India a'rrd consequently declare the action of the respondent No.3 in issuing the endorsement vide proceeding No.uziru $ | 221OO446OL | 2023.- dated L1.o3.2o23 bv iejecting the petitioner's application is also illqgal, arbitraqr, against aside the same piirrciptE" of natural justice and ${!1.::t endorsement vide Proceeding No.D2/TM33|22OOO446O1 12023 dated LL.O3.2O23 issued by the Respondent No. 3..'"

2. Heard sri Ra:nakrishna Kulkarni, learned counsel representing learned counsel for the petitioner Sri Venu Cheggam and Sri L.Ravinder, learned Assistant Government Pleader aPpearing on behatf of learned Government Pleader for Revenue Sri K'Muralidhar Reddy. Though notice is ordered, none "pry*1_for _tl-re-regpgndent No.6. \ P?€e2 of 7

3. Ttre learned counsel for the petitioner submits that the present lrrit pbtition has been filed seeking a declaration that the action of resporrdent No.3, in .failing to record the petitioner's name on the Dharani online portal and in not issuing an E-Patta passbook under Section tl of the Telangana Rights in Land and Pattadar Pass Books Act, 2O2O, in respect of his ancestral agricultural land admeasuring Ac.2-26.13O Gts., in Survey No.A2/lAl ll1, situated at Kothapet Revenue Vitlage, Kagtraznagar Mandal, K.B.Asifabad District despite his online application for passbook data correction and subsequent oflline representation dated 14.03.2023 is illegal, arbitrary, without jurisdictlon and violative of the principles of natural justice. (a) The learned counsel for the petitioner further submits that . ttre erxlorsement issued by respondent No.3 vide proceedings No.D2I1M33/22OOO446OL/2O23 dated 11.03.2Ci23, rejecting his application, tre declared illegal and consequently set aside. During the Land Record Updation Programme (LRUP), the petitioner's name was not uploaded on the Dharani portal for the aforesaid land. Instead, thi name of one Smt. Parvathi Bayilani, W/o.Eshwar Das Bailani, was erroneor-rsly recorded in 2Ol9-2O without any supporting documentar5r evidencr:, along \^,ith Survey No. 139/5 under Khata No.100922, marked as Non-DS. Such wrongful entry, made without due verification, is ,h a" Page 3 of7 contrary to the provisions of Revenue [.aw and violative of natural justice. (b) Aggrieved by the said error, the petitioner submitted an online application No.22OOO446O1 dated L}.O6.2O22 for passbook data correction. The Tahsildar, Kaghazna.gar Mandal, after due verification, recommended the correction, confirming that the erroneous entr5r in Dharani was due to a technical error. Despite such confirmation, the District Collector, K.B.Asifabad District, vide Proceedings No.D2lTM 33 I 220004460i /2023 dated Ll.O3.2tO2il,l rejected the petitioner's request, citing the existing entry of ar.rothcr person's name in Dharani. The tahsildar's report, however, clearly established tllat Smt.Parvathi Bayitani has no connection with the subject property, holds no land in the said survey number and has never laid arry claim to it. The petitioner's narne stands in the revenue records as the independent pattadar and peaceful possessor since 1988. Hence, the impugned endorsement has been issued without application of mind and is liabte to be quashed. (c) The petitioner's mother, La.te smt;Gollena Venkatamma, W/o.Late Sri Gollena Balaiah, was the original pattadar and absolute owner of Ac.8-45 cents in Survey No.142, Kothapet Village, Kaghaznagar Mandal, as reflected in pahani records of 1988-89 and 1990-91. Upon her demise, the property was partitioned among her \ \ Page ,l of7 rf) sons as per the ROR Act and the mutation was duly implemented in 2OOL-O2lt. Under the said partition, the petitioner received Ac.3-08 cents, necorded under Khata No.31 in his name as pattadar and has since been cultivating the land for livelihood. (4r Subsequently, the petitioner sold Ac.0-40 cents through a regisGred sale deed, leaving Ac.2-26.8O Gts., which continues in his name as pattadar under Survey No.A2/ lA/ Lll and Khata No.3l. His ownership and possession are continuously reflected in pahani records for 2OO3-04, 2005-06 and,20l7-l8. Since 1988, the petitioner's family has been in peaceful possession and enjoyment of the said land. No sale or transfer has been made in respect of the remaining Ac.2-26.90 Gts. I-B form was issued in his name and his entries remained intact until 2Ot7-18 (e) The third party, Smt.Parvathi Bayilani, owns only 24O Sq.Yds. in Suruey No.l39/5 and holds no land in Survey No.l42. yet, she has been deriving Government benefits over the petitioner's property without any lawful title or documentary support. Due to a typographical or technical error, the petitioner's land in Su.rvey No.L42/lAlL/L (Ac.2-26.aO Gts.,) was wrongly linked to Khata No.lO0922 instead of Khata No.3l. The erroneous entr5r requires deletion and rectification. The petitioner continues to cultivate and enjoy the: subject property but is deprived of Government benefits Page 5 of7 because of tJle incorrect entry. He lawfully inherited the land through succession and seeks deletion of tJ'.e wrong entry and mutation of his name as pattadar in Dharani records. The respondent No.3, by rejecting the petitioner's application and refusing to issue ap E-Patta Passbook under Section 6 of the Telangana Rights in Land and Pattadar Pass Books Act, 2O2O, in respect of his ancestral agriculfural land, has acted arbitrarily and illegalty. In view of the foregoing, the petitioner has no other efficacious remedy except to invoke the extraordinarJr jurisdiction of this Court under Article 226 of the Constitution of tndia, seeking appropriate directions to respondent No,3 to rectiff tfre records in Dharani and to issue an E-Patta Passbook in his favour for the land admeasuring Ac.2-26.8O Gts., in Survey No.L42/IA/L/ 1, Kothapet village , Kaghaznagar Mandd, K. B. Asifabad District.

4. The learned Assistant Government Pl,eader, appearing for the learned Government Pleader for Revenue, submits tllat the name of tle unoflicial respondent is reflected in the records relating to the subject property claimed by the petitioner and therefore, the 3'd respondent has rejected the petitioner's claim. He further submits that, if any changes are required to be made in the records, the ofiicial respondents will take appropriate action in accordance with law after .: j \ \ ,i: I ,t:. :l Page 6 of7 5i physical hearing.

5. Upon careful consideration of the rival submissions and pemsal of the material placed on record, this Court finds that the' petitioner has established that the subject land admeasuring Ac.2.26 Gts., in Survey No.L42lLAlll1 situated at Kothapet Revenue village, l(ag;hazntagar Mandal, K.B. Asifabad District, is ancestral property, duly reflected in earlier pahani and revenue records standing in the name of his moth,er and subsequently inherited by him through succession. The tahsildar's re1rcrt, recommending correction of the record and confirmirrg that the wrong entry in Dharani portal occurred due to a technical error, substantiates the petitioner's claim. No contrarJr material has been produced by the respondents to disprove the said. report or to show any lawful title of Smt.Parvathi Bayilani over the subject lrand. The action of the third respondent in rejecting the petitioner's application solely on the ground that another person's name appears in the Dharani database, without examining the authentic.ity of such entqr- or the supporting record, reflects non- applicatio:n of mind and is arbitrary and violative of the principles of natural justice. (a) The Dharani portal is intended to maintain accuracy in land records. when an error of entry is duly reported and supported by Page7 of7 competent verification, refusal to correct such error defeats the object of tlre Telangana Rights in Land and Pattadar Pass Books Act, 2O2O. Accordingly, this Court holds that the impugned endorsement vide Proceedings No.D2lTM3s I 220004460 1 I 2O2g dated 11.03.2023 issued I. I by the District Collector, K.B. Asifabad District, is illegal, arbitrary and unsustainable in law and the same is liable to be set aside.

6. In the regult, the writ petition is allowed. Accordingly, the impugned endorsement dated L1.O3.2O23 is set aside. The respondents are directed to rectiff the land records in the Dharani po{al by entering the petitioner's nafne as pattadar in respect of the land admeasuring Ac.2.26 guntas in Survey No.142l LAll I I of Kothapet village, Kaglaazrurgar Mandal, K.B. Asifabad District, after duly issuing notices to all the alfected parties, including respondent No.6 and alfording them an opportunity of being heard. The said exercise shall bi completed as expeditiously as possible, preferably within 9O days from the date of receipt of a copy of this order.

7. No costs. [nterlocutory applications, if any pending, shdl also stand dismissed. /ffRUE COPY/ SdI. AHMED ABD ASSISTANT ULI-A KHAN OFFICER stateof relangana' ,. The prr. secretary, Revenue Department, secretariat Bui,ing, Hyderabad, z. in?-Cni":f-C'; tXil Gio rp ry! La nd Ad m i n istratio n, Abid s' Hvderabad' 5: tffi oiJttid6[ii;;fi K q Riitauao District At Asirabad' 4. The nevenuE-riiii-iion"i oni""i Gtiplq Qivisign,. I F .4sifabad B,iBBiltt,wlittedeiUaultntg*:',3;-^Ei:''"1;,^^^^, 7. Two GCs to"Gi ?ii [rver.ruE,TAh'drrt i6itn"-stit" of reransana' at 8 +H"StloE'n [k* District' PSK./IVIP \ I l , , HIGH COURT DATED i07l,11l,2025 ORDER WP.No.10304 of 2023 :r HE STA rE ( o 0 6 ttl 202$ o .P C' ii-t' +. ALLOWING THE WRIT PETITION WITHOUT COSTS J<s ?.rl,lae