High Court · 2025

Petition under Article 226 of the constitution of lMia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue writ or direction preferably wRlr oF MANDAA/us declaring the action of the Respondent No.3 issuing pattadar passbook in favour of Respondent No.5 for the -land petitioner s land in sy.No.602/eo/1 , Admeasuring Ac.0.38 gts, situated at Janwada ViHage, Shankerpally Mandal, Ranga Reddy District, without following due process of law and without issuing any notice and inspite of pendency of wP.No.33674 of 2024 before this Hon b{e court as well as os.No.11412024 on the file of Junior civil Judge cum Judicial Magistrate of First class, Ranga Reddy District at cheveila, as irrregal, arbitrary and vioration of principles of naturar justice and consequenfly direct the Respondent No.2 to 4, forthwith cancel the Pattadar passbook issued in favour of the Respondent No.5 in Sy.No.602/es/1 Admeasuring Ac.0.3B gts, situated at Janwada Village, Shankerpally Mandal, Ranga Reddy District' lA NO: 1 OF 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 direct the Respondent No.2 to forthwith cancel the Pattadar Passbook issued in favour of the Respondent No.5 in Sy.No.602/egi 1 , Admeasuring Ac.0.38 gts, situated at Janwada Village, Shan,kerpally Mandal, Ranga Reddy District, pending disposal of the writ petition in the interest of justice' Counsel for the Petitioner: SRI M.A.H.AMZAD Counsel forthe Respondent No.1 to 4: AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.961"1 of 20125' ORDER: This Writ Petition, under Article 226 of tl:e Constituti,on of India, is filed seeking the following reliet "....to issue Wit or direction preferably WRIT OF MANDAMUS declaring the action of the Respondent No.3 issuing Pattodar Passbook in fauour of Respond.ent No.S for tte land. Petitioner s land in Sg.No.@2/ A/ 1 Admeasuing AcO.38 gts situated at Januada Village, Shankerpallg Manda| Ranga Reddg Dbtrict tuilhout follouing due process of law and uitlwnt issutng ang notice and. inspite of pendencg of W.P.No.33674 of 2O24 before this Hon'ble Court os uell a.s O.5.No.114/2024 on the file of Junior Ciuil Judge Cum Judicial Mogistrate of First Class Ranga Reddg District at Cheuella a-s illegal arbitrary atd violation of pinciples of natural justie and ansequ.enllg direct the Respondent Nos.2 to 4 fortfu.uith mrrcel the Pattadar Fassbook issued in fauour of tlLe Respondent No.S in SA.No.602/ A/ 1 Admeasuing Ac.O.38 gts situaled at Januada Village, Stnnkerpallg Manda[ Ranga Reddg Distict and pass....'

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

3. The case of the petitiorrer is that the petitioner's mother-in- Iaw Amena Begum (late) is the absolute owner and possessor of land admeasuring Ac.1.17 guntas in Sy.No.602/A, Ac.1.35 guntas in Sy.No.6O2lAA i.e., a total extent of Ac.3.12 guntas situated at Janwada Village, Shankerpally Mandal, Ranga Reddy District. It is stated that the petitioner however acquired the said propert5r under 2 the registered Gift Settlement Deed uide Doc.No.8191 of 1996. Thereafter, the disputes arose over the subject property. When respondent No.5 started disputing the iight and title, the petitioner was constrained to hle a writ petition uide W.P.No.33674 of 2024 on the file of this Court. Pending adjudication of the said writ petition, respondent No.S has hled a Suit for partition uide O.S.No.114 of 2024 on the lile of the Junior Civil Judge-cum-Judicial Magistrate of First Class, Ranga Reddy District at Chevella. The grievance of the petitioner is that even after submitting representation informing about the pendency of the W.P.No.33674 of 2024 and O.S.No.114 of 2024, therespondent authorities have itlegally mutated the name of respondent No.S in the revenue records and consequenfly issued Pattadar passbooks in respect of the subject property, which action on the part of the respondents is illegal and arbitrary.

4. learned counsel for the petitioncr vehemently contended that respondent No.3-the Tahsildar has not issued any notice under Section 5(3) of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the Act, 197 1 ') to the persons, who are in possession of the subject property before mutating the name of the respondent No.5; and under Rule 26 Sub-rule (6) of the Telangana Rights in Land and Pattadar Pass Books Rules, 1989 (for short, 'the ROR Rules'), pattadar pass books shall be issued only to ., 3 those who are in actual possession of the land-and as such, respondent No.5 is not entitled for issuance of pattadar pass books and title deeds in his favour, therefore, the said action on the part of respondent No.3 amounts to violation of the law laid down by this Court in Chinnam Pandurangam v. Mandal Revenue Officer, Serilingampally Mandal & othersr, wherein this Court has observed that before initiating any proceedings, a rrotice has to be issued to all the interested persons over the subject property.

5. 'l lrarned Assistant Government Pleader for Revenue appearing fof the respondent Nos. I to 4 submitted that either in the writ f { petition instituted by the petitioner or in the Suit pending before the Civil Court, there are no interim orders restraining the respondents from entertaining the application submitted by respondent No.s either for granting mutation or consequential issuance of Pattadar Passbooks. The mere pendency of the cases does not take away the power of the statutory authoritSr to entertain and examine the claims of the respective parties as per the provisi,ons of the statute.

6. Be that as it may, since W.P.No.33674 of 2024 is pending {or adjudication on the hle of this Court for the similar rel.ief, the petitioner herein is not entitled to hle another writ petition seeking the similar relief. As such, the present vvrit petition, !,as Iiled is ' AIR 2oo8 aP 15 4 .\ misconceived. It is needless to observe that if the petitioner is having any grievance, he is at liberty to make an appropriate application in the pending writ petitiori uide W.p.No.336T4 of 2024 and seek for appropriate relief in accordance with law. 7 With the above observations, this Writ petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shalt stand closed. //TRUE COPY// SD/.A.V.S.PRASAD PUTY REGISTRAR D SECTION OFFICER To,

1. The Principal Secretary, Revenue Department' Secretariat' Hyderabad' State of Telangana.

2. The District Collector, Ranga Reddy District 3. The Tahasildar, Shankerpally, Ranga ReCdy District 4.Mr.M.surender,TahasildarShankerpally'RangaReddyDistrict 5. One CC to SRI M.A.H.AMZAD, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High court for the state of Telangana at Hyderabad [OUT]

7. Two CD Copies BS GJ o HIGH COURT I DATED:2810312025 1 rtE Sr4 7.c a t, -. 18 ilU8 fl6 ($ ( otS.r .,'. rr 6 ORDER WP.No.9611 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \ D2