High Court · 2025

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 a Wrrt, Order or direction more particularly one in the nature of Writ of l\rlandamus declaring the order in the name of Notice Rc. No.E/Office/1 19812021 dated 30-'1 1-2022 issued by the 4th Respondent as iilegal, arbitrary and against the principles of Natural Justice and violative of Article 14 and 21 of Constitution of lndia and consequently direct the Respondent Nos.2 to 4 to mutate the Revenue Records in the name of the Petitioner in respect of the Petitioners agricultural land admeasuring Ac.4-05 gts. in Sy.No.794/5 and Ac.5-0j gts. in Sy.No.79417 in total Ac.9-06 gts. situated at Kothapaily (S.M.) Viilage, Bhupalpally Mandal, Jayashankar Bhupalapally District. 7 lA NO: 1 OF 2023 Petition under section 151 cpc pra'ying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to suspend the Notice Rc. No. E/off ic el1 198t2021, dtd.30-1 1-2022 issued by the 4th Respondent pending disposal of the above writ petition. lA NO: 1 OF 2024 Between:

1. Malsani Rama Rao, S/o. Bucha Rao, Age 4g years, Occ. Agriculture, R/o Viltage. Shyamnagar, near Moranchapaiii, ahu'patpaity vinoZr.-Jryrii-,rnir" Bhupalpally District. 2. D.evishetty Satyanarayana, S/o. Kotaiah, Age. 50 years. Occ. Agriculture, R/o -' "" Village Karkapatty, Mutugu Mandat. Jayashinkar_6hupatpaily Disiri;i.- AND 1. Sujatha sriramoju, w/o. Sundaramurthy, Age 57 years, occ. Housewife, - " -' FYo. H.No. 1 -8-5, Barasamudram, uanam(onaa" waiarigar Urban District. ...PETtTtONERS/RESPONDENTS ...RESPONDENT/PETITIONER Secretariat, Hyderabad. z ltate of relangana, Represented principar secretary, Revenue Department 3. The District Collector, thup!]apally, Jayashankar Bhupally District. 4. Revenue Divisronar officer,.Bhuparpaily, Jayasha nka r'en,1pi ipiiiy oistrict. 5. The Tahsildar, Bhupatpaily tr,,tanit, jay6shairt<ar_AfrupatpatiV Oiitici -' -' ...RESPONDENTS/RESPONDENTS Petition under Section 151 cpc praying that in the circumstances stated rn the affidavit filed in support of the petition, the High court may be preased to stay vacate the orders passed in w.p.No. 1o9got2o23 on the fite of this Hon,ble High Court order, dated 20-04-2023. Counsel for the Petitioner: SRI p.GlRt KRISHNA Counsel forthe Respondent Nos.1 TO 4: Gp FOR REVENUE Counsel for the Respondent Nos.S & 6: SRI PADALA PRAVIN KUMAR The Court made the following: ORDER ,I i I j i I I I I THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.1O99O of 2O23 ORDER: This writ petition is filed seeking to declare the notice dated 3O.11.2022 issued by respondent No.4 vide Rc.No.E/Oflrce /119812021 as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and for other appropriate reliefs. Thc petitioncr claims to be the owner and pattadar of agricultural land admeasuring Ac.4.O5 guntas in Survey No.794 /5 and Ac.5.01 guntas in Survey No.794 /7 in total Ac.9.06 guntas situated at KoLhapally (S.M.) village, Bhupalpally Mandal, Jayashankar Bhupalpally District, having acquired the same by way of registered Gift Settlement Document No.776/1987 dated 02.05.1987 and Document No.35/ 1987 daLed 24.O1.1987 executed by his brother and father and since thcn hc is in posscssion and enjoyment of the said property and revenue authorities also issued pattadar pass books arrd title deeds in his favour. It is further stated that despite the same, when the names of respondent Nos.S and 6 have been entered in thc posscssor column as well as pattadar column to an extent of Ac.2.O2 guntas in Survey No.79415 ar.d Ac.2.2O 2 {lr-: l ) guntas in Survey No.794 l7 , the petitioner was constrained to lrle an application before respondent Nos.3 ancl 4 for incorporating his name in the revenue records by deleting the names of respondent Nos.5 and 6 in respect of the said property. It is further stated that acting upon the said application, even though t,'re Tahsildar conducted enquiry and recommended his case, when the respondent authorities have not issued e-pattadar pass book in his favour in respect of the subject lands, the petitioner filed W.P.No.27608 of 2021 which in turn was disposed of by this Court by directing the respondent authorities to pass necessary orders on the petitioner's online application clated 27.Ol.2O2O. The grievance of the petitioner is that despite the said order passed by this Court, respondent No.4 issued impugned notice dated 3O.lI.2O2 vide Rc.No.E iOifice/1198/2O2t rejecting the said application. On the other hand, learned counsel appearing for respondent Nos.S and 6, relying upon the counter affidavit hled on their beha-lf, submits that respondent Nos.S and 6 purchased the subject property from the petitioner under a sada bainama and the same has been regularised under Section 5 of the Telangana Rights in Land and pattadar. pass Books A<:1, lg7l .-I 3 ald their names were mutated in the revenue records and pattdar pass books were aiso issued in their favour; however, the petitioner has filed the present writ petition only with a mala ftd,e ir.tention to cause wrongful loss to the respondent Nos.S and 6; and as such, the petitioner is not entitled to any relief in this writ petition. Considercd the submissions of the learned counsel for the parties a-nd perused the record. While it is the case of the pctitioner that even though he succeeded to the subject property by way of registered gift settlement deed, the names of respondent Nos.S and 6 have been wrongly entered in the revenue records, the case of respondent Nos.S and 6 is that they purchased the said property from the petitioner by way of sada bainama and the same has been subsequently regularised. However, a careful examination of the proceedings issued by the Revenue Divisional Officer, Bhupalpally i.e., respondent No.3 herein, vide Rc.No.B/ 278 /2OI8 dated 05.i0.2019 reveals that there are no proceedings emanated from the records to show that any sale transaction took place in respect of the subject land as alleged by respondent Nos.S ald 6. i t 4 Rule 22 of the Telangana Rights in Land and pattadar Pass Books Rules, which deals with regulariszrtion of alienation/ transfer of rands, mandates that the Mandar Revenue Ofllcer shall issue a general Notification in Form No. IX, cailing for applications from the persons who are rccorded as occupants in Adangal/pahani patrika and the alienee or transferee shall file application in Form ,X, to the Mandal Revenue Officer. Howeve:., in the instant case, it is evident that no such procedure has bcen followed by the Tahsildar for regularising the alleged sada bainarna. Furthermort:, v,,hen actually the name of the petitioner has been recor.ded as pattadar and possessor and consequently pattadar pass book has been issucd in his favour, thc procedure adoptcd by respondent No.4 in issuing the impugned notice is untenable and as such the impugned notice is liable to be sct asidc. In vierv of the same, the writ petition is disposed of, setting aside the impugned notice issued by respondent No.4 vide Rc.No.E/officel7Lg8/2021 dated 30. rr.2022. .r.he matter is remalded to respondent No.3 i.e., the Rcvcnuc Divisional Officer, Bhupalpally, Jayashankar_Bhupalpally District, with a direction lo conduct enquiry in respect of the subjecl lands and unless if it is found that there are any regutarisation 5 proceedings of sada bainama in respect of the subject property as alleged by respondent Nos.S arrd 6 duly following the procedure as contemplated under law, the pass books issued in favour of the petitioner shall not be calcelled in any manner. It is made clear that if the petitioner is having aly grievarce that respondent Nos.S and 6 are in possession of the subject land, he is at liberty Lo approach the cornpetent Civil Court seeking appropriate relief. Pending miscellaneous applications, if any, shall stand closed. There shail be no order as to costs. SD/. P, PADMANABHA REDDY D PUTY REGISTRAR //TRUE COPY' 2 3 4 o I I I To SECTION OFFICER 1. The Principal Secretary, Revenue Department Sec retariat, Hyderabad, State of Telan s ana The District Collector, Bhu palapally, Jayashankar B hupally Diskict. Revenu e Divisional Office r, Bhupalpall y, Jayashan kar Bhu palpally District The Tahsildar, Bhu palpally lVandt, Jayashankar-Bhupal pally District One CC to SRt P .GIRIKRISHNA, Advccate [OPUC Two CCs to GP FOR REVENUE, Hig h Court for the State of Telangana, at Hyderabad UT] PADALA PRAVTN KUIMAR, Advocate [OPUC] CCtoS RI CD Copies

7. One 8. Two PSK. GJP 6 HIGH COURT DATED:1210312025 ORDER WP.No.10990 of 2023 E1eo ( 146

14. J () .) ((, .t+. 29 Rpn 2025 Jr.HTAF'sAt) DISPOSING OF THE WRIT PETITION WITHOUT COSTS .s OcDe"