The High Court · 2025

AND ' 1. The State ofTelangqna, ReP bY i Revenue, Secretar-iat, HYderabad 2. The District Collectpr, Ranga Reddy District' 3. The Tahsildar & JT $ub-Registrar Moinabad' Ranga Reddy District' 4. Smt. M. lndumathi, Wo.Vazranath Aged about 55 years' Occ: House Wife' ' il;'H.N;.j-6-188/A, Hvderguda, Hvderabad '! ...RESPONDENTS Petition under A(iqle 2?6 ol lhe constitution. of lndia Pray[s thal in the may be circumstancqs stated an m" ,niJarit filed therewith, the High court . ,pprop,i"t-"- wiit, o'oe' oi.Direction more pa;ficularly one in oleased to issue i;: n;il #ilritli rr/|"Jr,iJ'.r, o".irr" the action of the Respondent No.2 herein i;;;];I;s iri" nrm" ot ,notiiial tetpondent in the Revenue Reoords in respect ;i'i;;;; ;il;d ov petltionei.as i patteoar i e'.sY No 262tA1t1 qdmeasurins Ac.3 37 guntas situateo ai rtaeJ,puilv Village,.Moinabad Mandal' nalo-e ne!!V Eili;i 'rl"[Li"s'ii"s"i,';;bitiilv'and -violative Articles 14' 21 ot the ,or E"".tiiltit. of lnd-ia anJ aiso the Provisions of RoR Act' "n IA NO:'t oF 2022 Petition under Section 15'1 CPC praying that..in. the circumstances stated in the affidavit filed in support oi in" p"iition,-]!q^l'.nl court mav be pleased to ;;#il;; mutation rio" i*"t'"tiLn i'ro izooor+-057 vide in sv'No'262/A1/1' Admeasurinq Ac.3-37 grniut t't;'t"d at lVedipally Village' Moinabad Mandal' Crrs;h;Joy District pending disposal of the writ petition lA NO: 2 OF 2022 Between: M- lndumathi, rr\To.Vazranath Aged about 55 years, Occ: House Wife, R/o H.No.3-6-1 88/A, Hyderguda, Hyderabad ...PETITIONER/RESPONDENT No,4 AND 1 Md Abdul Bari S/o. Late Labour R/o 13-5-149/33, Hyderabad Md. Abdul Wafid Aged about .14 years, QQ9: Yosuf \lagar, Tappachabutrq, Asif Nagar, ,..RESPONDENTS/PETITIONER

2. The State of Telangana, Rep. by its Principal Secretary, Department of Revenue. Secretariat, Hyderabad. 3 The District Collectqr, Ranga Reddy District. 4. The Tahsildar & JT Sub-Registrar Moinabad, Ranga Reddy District. ...RESPqNDENTS/RESPONDENTS Petition under Section 151 CPC preying that in the circumstances stated in the affidavit filed in support of the petition, the High Cou( pay bp pleased to vacate lhe interim order passed .by this Honourable Cgurt in WP No, 1533212022 dt. 2810312022 in the interest cif justice. .t Counsef for the Petitioner: SRI V. RAGHUNATH Counsel for the Respondent No.1 to 3: GP FQR REVENUE Counsel for tfte Respondent No.4: SRI B. BAL REDDY The Court made the following: ORDER I{ON'BLE SRI JUSTICE C.V.BIIASKAR REDDY trrRIT PETITION No.l 5332 of2022 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is hled seeking the following relief: ". . ..to issue an appropiate Wit, Order or Direction more particularlg one in the nature of Wit of Mandamus declare the action of the respondent No.2 herein in mutating tlrc name of unolficial respondent tn the Reuenue Records in respect of lands owned bg petitioner as q patted.ar i.e., Sg.No.262/ A1/ 1 admeasling Acs.3.37 guntas situated at Medipally Vtllage, Motnabad Mandal, Ranga Reddg Distict o_s being inegal, arbitrary and violatiue of Articles 14 and 21 of the Constitution of lruTio and also the Prouisions of ROR Act...." 2 Considered the submissions of the learned counsel for the I respective parties and perused the record.

3. It is the case of the petitioner that his father was the owner and possessor of land admeasuring Acs.2.37 guntas in Sy.No.262lA/1 situated at Medipally Village, Moinabad Mandal, Ranga Reddy District and his narne was also recorded in all the revenue records as pattadars; and after the death of his father, he has acquired the said property by way of succession. The grievance of the petitioner is that relying upon the alleged sale deedq uide Nos. 11257 and 11258 of 2OO5, the respondent authorities have illegally mutated the name of respondent No.4 ,/ 2 in the revenue records and consequently issu€rcl pattadar passbooks in respect of the subject property, u,hich action on the pa-rt of the re,spondents is illegal and arbitrarv.

4. Learnecl counsel for the petitioner vehemently contended that responclent No.3-the Tahsildar has not issued :rny notice under Secric,r-- s(3) of the Telangana Rights in Land and pattadar Pass Books Act, lg7l (for short .the Act, 19Zl) to the persons, who are in .possession of the subject propert), befor,: mp121ing the name of the respondent No.4; and under Rule 26 S;rrb_iule (6) of the Telangana Rights in Land and pattadar pass Bc,oks Rules, i9B9 (for sh,:r1, '11-," RoR Rules,), pattadar pass b5ol:s; shafl be issued only to those who are in actual possession of the la,d and as such, resp,ondent No.4 is not entitled for issuance crI pattadar pass books ar-rd title deeds in his favour, therefore, the said action on the pr2'1 of respondent No.3 amounts to violation of the law laid dour: by this Court in Chinnam pandurangam v. Mandal Reven.ue Officer, Serilingampally Mandal & othersl, wherein this ,Jourt has observed that before initizrr,ing any proceedings. a notice has to be issued to all the :.nterested persons over the subject property. / ' aqr zoot ae r-. / *ry 3

5. In view of the above, this Court is of the opinion that ends of justice would be met if respondent No.3 is directed to conduct fresh enquiry within a period of two (2) months from the date of receipt of a copy of this order. If the petitioner satisfres all the requirements of his ownership in respect of the subject property, the respondents are directed to take steps for cancellation of the pattadar passbooks in favour of respondent No'4; and if the petitioner fails to establish his rights over the subject property, the respondents shall pass a reasoned order and communicate the same to the petitioner. Till such time, the parties are directed to maintain status quo existing as on today, in respect of the subject property, in all respects.

6. With the above observations, this Writ Petition is disposed of. No order as to costs As a sequel, the miscellaneous petitions pending, if any, shall stand closed //TRUE COPY// SD/-MOHD. ISMAIL ASSISTANT REGISTRAR ECT]ON OFFICER To, Secretariat, Hyderabad.

1. The Principal Secretary, Department of Revenue, The State of Telangana, 2. The District Collector, Ranga Reddy District. 3 The Tahsildar, and JT Sub-Rdgiskar Moinabad, Ranga Reddy District. 4 One CC to SRI V, BAGHUNATH, Advocate tOpUCl 5. One CC to SRI B. BAL REDDY, Advocate IOPUCI 6. Two CQs to GP FOR REVENUE, High Cqrrt for ttie State of Telangqna. 7. Two CD Copies BN &BS , HIGH COURT' DATED:1 010212025 ORDER WP.No.15332 of 2022 ,.t;: :i :'f a,t /:' o ( o 1f iiil 2U5 a L, \: ! DISPOSING OF THE WRIT PETITION WITHOUT COSTS @r4'"' \\