High Court · 2025
Case Details
K. Srinivas Reddy, S/o. Gopal Reddy. Aged about 54 years, Occ Agriculture, R/o. Chiragpally Village, Zaheerabad Mandal, Sangareddy District ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF NIANDAMUS declaring the action of the 4th respondent in transferring the land of the late Kothakapu Savithramma (mother of the petitioner) in respect of Sy.No.7614/1 admeasuring Ac 0,2750 gts and Sy.No 40/A admeasuring Ac.1.1700 gts situated at Chrragpally Village, Zaheerabad Mandal, Sangareddy District in favour of unofficial respondents, as illegal, arbitrary and violation of Sec.6 of the Telangana Rights rn Land and Pattadar Passbooks Act, 2020 and consequently direct the official respondents to cancel the Patta .Passbook Nos T092600'1 098 r and T09260010982 issued in favour of unofficial respondents. IA NO: 1 0F 2025 Petrtion under Section 151 CPC praying that in thr,, circumslances stated in the affidavit filed in support of the petition, the High Cc urt may be pleased to direct the official respondents not to entertaln any registrations over the Iands in Sy.No.7614/'1 adnreasuring Ac.O.2750 gts and Sy lJo 40/A admeasuring Ac.1 .1700 gts situated at Chiragpally Village, Zaheerabad lrlandal, Sangareddy District pending consideration of the representation, daled 16.10.2O24 oI the petitioner, pending frnalization of the Writ Petition counser for the Petition",, 3[i i,X.#^T$X$5ffii sr. GOUNSEL, REP. FoR Counsel for the Respondent No.'l to 4: SRI L.RAVINDER, AGP FOR REVENUE The Court made the following: ORDER HON,BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.1O322 of2o25 ORDER This Writ Petition is hled praying this Court to declare the action of respondent No.4 in transferring the land admeasuring Ac.0.2750 guntas in Sy.No.76/A/ 1 ald Ac' 1 17 guntas in Sy.No.40/A, situated at Chiragpally Village, Zalneerabad Manclal, Sangareddy District, in favour of the unofhcial respondents, as illegal, arbitrary and violation of Section 6 of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short "the Act 9 of 2O2O") and consequently, prayed for other appropriate relie [s.
2. It is stated that the petitioner's mother by name Kothakapu Savithramma was the pat[adar and possessor of the land admeasuring Ac.O.275O guntas in Sy'No'76/A/ 1 and Ac. 1. 17 guntas in Sy.No.4O/A, situated at Chiragpally Village' Zatleerabad, Mandal, Sangareddy District and her name was recorded in all the revenue records and she was also issued pattadar passbook No.'|O926OO1O 9O8 uide Khata No'6O488 under the provisions of the Act 9 of 2O2O ' It is further stated that, during her lifetime, the petitioner's mother had received various incentives sanctioned by the Government as investment 2 CVBR, J wp_10322-202s subsidies for cultivation of the aloresaid land. 'l'tre grievance of the petitiorLcr is that, after expiry of her moth:r, suppressing the fact thar lhe petitioner being a coparcener is also entitled to a share in the land held by her mother, respofid,:ut Nos.5 and 6 have obtaiued succession and pattadar passbooks in their favour.
3. Considered the submissions of the learnecl counsel for the petitioner zrnd Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.l to 4 and rn ith their (:onse nt, this writ petition is being dir;posed of at the admission stage. In view of the nature of reli,:f sought for in this vvrit petition, issuance of notice to the unoflicial rcspondents is dispensed with.
4. Sri Jalli Kanakaiah, learned Senior Coun,;el representing Sri Narendar Jalli, learned counsel for the petitioner, has submitted that as per Section 6 of the Act l of 2O2O, the Tahsildar rs conferred with the power of mutation and amendment of the revenue records subject tc, all the family members/c,o sharers submitting a joint consetl{ius settlement deed and in the absence of joint consensus settler:nent deed, the Tahsildar is not having any power to amend the rr:venue records 3 \Np_t0322 CVBR, J 1025 and issue pattadar passbook in favour of respondent Nos.S and
6. l,earned Senior Counsel further submits that as respondent No.4 has not followed the said procedure, the petitioner was constrained to make a representation before respondent No.2- the District Collector seeking cancellation of the pattadar passbook.
5. Learned Assistant Government Pleader for Revenue has submitted that, if the petitioner is having any grievancc for issuance of pattadar passbook in favour of respondent Nos.S and 6, she is entitled to make appropriate application in the prescribed format in Dharani Portal ald in the event of such application being submitted by the petitioner, an enquiry would be conducted strictly in accordance with the provisions of the I Act 9 of 2O2O and the circular instructions issued by CCLA uide circular No.l of 2O2l , dated 15.OI.2027 and Circular No.1 I of 2024, dated 28.02.2024 and appropriate orders would be passed.
6. In view of the above submissions, this Court deems it appropriate to dispose of this writ petition permitting the petitioner to make appropriate application in the prescribed format in Dharani Portal seeking to amend the revenue records 4 CVBR, J wp 10322_2025 and consr:qr rcnti:rl issuance of pattadar passboclk to the extent of the pctir ioncr's share in the properties helcl by her late mother anc.l in the event of such application being submitted by the pctition, r, rcsl;ondent No.2 is directed to gxi:mine thc claim o1- the p<'lrt iorcr and pass appropriate orders, after issuing noticc lo thc persons, who are interested and ,:ffected if the rcvenuc re< ords are amended and consequential issuancc of patLadar passbook in accordance with the provi:;ions of the Act 9 of 2O2O, n'ithitr a period of three (O3) months {rt>m the date of rt:ccipl of st rr:h application. 7 . With r l-rc above observations, this Writ Petition is disposcd of. Therc sltall be no order as to costs.
8. As ir sr:r1r-tcl, tht: miscellaneous petitions -lcnding, if any, shall star r-r d closcd. '"F,{ti'J$f [tBT$'rtR- :\t.,'-ireri6*-orrlcen //rRUEcoPY't To, U Revenue Department' Secr':lariat' Hyderabad ' State District of Telangana 1 The Principal Secretary' 2. The District Collector' Sangareddy District 3 The Revenue Divisional Officer' Zaheerabad Revenue Division' Sangareddy 4 The Tahsildar' Zaheerabad Mandal' Sangareddy Dis'trict 5. One CC to SRI NARENDAR JALLI' Advocate [OPU(]l 6 Two CCs to GP--FOR REVENUE' High Court for the State of Telangana at 7 Two CD CoPies HYderabad [OU l1 BSR 6 HIGH COURT DATED:0710412025 I t ORDER WP.No.10322 of 2025 z1/, o\\ 21 rPR zffi -) , c, .)r I a iic DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 04i't *r- l l t I i t a :