High Court · 2025

...RESPONDENTS Petition under Articre 226 0f rhe constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue writ of Arrandamus or any other-appropriate writ, order or direction or direction to set aside notice vide RC No. Bt24oooo4427 r2O24. Dated 27 03 2025, issuecr by the petitioner arong with others rn respect of the rand an extent of Ac' 1.34 guntas in survey No. 338, situated at chinnaramancherra Village, Bachannapeta Mandar, Jangoan District, by decraring the same as iregar, arbitrary, unconstitutionar and against the principres of the naturar justice and consequently direction the respondent No 3 to consider the petitioner,s representation dated 02.04.2025. i IAN O:1 OF 2025 Petition under Section i 51 cpc praying that in the circumstances siated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent No. 3 to consider the petitioner's representation daled 02.04.2o2s. Counsel for the Petitioner: M/s. P.HAMSA DURGA.FOR SRI D.RAGHAVULU Counsel for the Respondents: SRI L.RAVINDER, AGp FOR REVENUE The Cburt made the following: ORDER I HON'BLE SRI JUSTICE C.V. BHASKAR REDDY ORDER: WRIT PETITION No.1O7Ol of 2o25 It is stated that the petitioner is the owner and possessor. of the land admeasuring Acs.3.19 guntas in sy.No.338, situated at Chinnaramancherla Village, Bachannapeta Mandal, Jangoan District, having purchased the same through registered sale deed bearing document No.235 of 2O05, dated O3.03.2O05. It is further stated that the name of the petitioner was recorded as pattadar in the revenue records and pattadar passbook bearing No.T230102 1 7281 uide Khata No.6O624 was also issued in his favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short "the Act 9 of 2O2O"l to an extent of Ac. 1.35 guntas only. It is further stated that when the balance land i.e., Ac.1.25 guntas purchased under registered sale deed was not recorded in, pattadar passbook, the petitioner mdde number of representations as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short 'the ROR Act, 197 l") and the Rules made thereunder. It is further stated that the respondent authorities have not considered the said applications stating that the ROR Act, 1971was repealed and replaced by ttre Act 9 of 2O2O atd unless the petitioner Iiles appropriate application in Dharani 1 CVBR, J wp--10701_2025 \ Web Portal, the respbndent authorities c€rnnot exercise their power for mutation alrd consequentia-l issuance of amended pattadar passbook for the balance extent of Ac. 1.25 guntas. It is further stated that contrary to the above documents, respondent No.4 had issued a notice, dated O4.O2.2O25, to which the petitioner had already submitted explanation, dated

17.02.2025. The grievance of the petitionei is that respondent No.4, without considering the explanation, dated L7.O2.2O25 and the documents enclosed to the said explanation, once again issued the impugned Notice uide Rc.No.B/24O0OO4427 12024, dated 27 .O3.2O25 directing the petitioner to appear on L1.O4.2O25 at 11:00 a.m. and to produce the documents relating to the subject land.

2. Considered the submissions of the learned courrsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent, this writ petition is being disposed of at the admission stage.

3. Ms.P.Hamsa Durga, learned counsel representing Sri D. Raghavulu, learned counsel for the petitioner, has vehemently contended that the revenue authorities, are not having any Z 3 CVBR, J Wp_10101 2025 power or authority to issue notices to the pattadars, who have issued pattadar passbooks, to produce the documents as the Tahsildar is the custodian of the entire revdnue records.

4. l,earned Assistant Government Pleader for Revenue has vehemenfly contended that, as per the provisions of the Telangana Revenue Summonses Act, 1869, the Revenue Divisional Officer and the Tahsildar are conferred with the power to summon zrny person and call for the records relating to any of the agricultural lands to enable them to examine and correlate with regard to the entries made in the revenue records.

5. As seen from the record, the impugned notice is issued to the petitioner to be present ot 11.04.2025 at 11:00 a.m. along with the documents correlating the lalds which are in his possession. Admittedly, the case of the petitioner is that I I previously a notice, dated 04.02.2025, was issued arrd the petitioner has already submitted the explanation, dated L7.O2.2025 duly enclosing all the necessary documents. Since it is stated that the petitioner has purchased the subject ( ( property under registered sa-le deed and pattadar passbook and title deed have been issued in his favour, this Court is of the opinion that the ends of justice would be met if the petitioner is 4 CVBR, J wp 10701 2025 directed to be present on 11.04.2025 and also produce the copy of the explanation submitted by him along with the documents and in the event of submission of explanatiort duly enclosing the qecessary documents, the respondent authorities are directed to take action insofar as the petitioner's land is concerned in terms of the impugned notice dated 27.03.2025. If the Government is having any claim over the lands of the petitioner, the respondent authorities shall follow due procedure in accordance with law. Till such time, respondent No.4 is directed not to take any coercive action over the subject land.

7. With the above observations, this Writ Petition is disposed There shall be no order as to costs As a sequel, the miscellaneous petitions pendir-rg, if any, shall stand closed. SD/-P . PADMANABHA EPUTY REG REDDY ISTRAR //TRUE COPY// Si=CTION OFFICER To \

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4. PSK I HIGH COURT DATED:0910412025 I ORDER WP.No.10701 of 2025 1!1 E ST4 T(' J 2 5 APB 2825 'i ; c) I Ot, :.iP dr ci -.| ,/ ;i-. . -'/ a-;,- DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ l,Xffi