Kampati lndira v. State of Telangana

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 writ, order or direction, one in the nature of mandamus declaring the action of the Respondent No. 4 in issuing notice Dt.O3l04l2O25 calling for explanation from the petitioner to delete her name from the revenue records pertaining to Sy. No. 377 lo an extent of Ac. 2-00 gts. for reasons to enter the name of respondent No.5 without conducting proper inquiry in spite of having orders passed by respondent No.3 to rectify the entries in revenue records in respect of land to an extent of Ac. 4-14 gts. in Sy. No. 389/2 and 389/4 by deleting wrong entries in Sy. No. 377lAA as illegal, arbitrary, unfair, unconstitutional and in violation of principles of natural justice and violation of articles 14,21 and 300-A of the Constitution of lnlia and consequently set aside thr: impugrred notice Dt

0310412025. lA NO: 1 OF 2025 Petition under Section '1 51 CPC praying that in the r;ircumst:rnces stated in the affidavit filed in rjirpport of the petition, the High Corrrt may be pleased to suspend the notice D1 . 0310412025 by directing the respondent No.4 not to change the revenue records c,f the petitioner in respect of land in Sy. No. 3;'7 to an extent of Ac.2-00 gts., pendinq disposal of the writ petition. Counsel for the Petitroner: SRI TARUN RAM AITHAM Counsel for the Resprondent Nos.1 to 4: GP FOR REVENUE Counsel for the Resp,ondent No.5:-- The Court made the lbllowing: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR*REDDY WRIT PETITION No.112O2 of2O25 ORDER: t,,.t 'r l-1' It is stated that the petitioner is the owner and possessor of the land admeasuring Acs.4.14 guntas in Sy.No.377/AA of Raghunathapalem Village and Mandal, Khammam District and the name of the petitioner was recorded as pattadar in the revenue records and she was also issued paltadar passbook bearing No.T2614O08O 179 uide Khata No.539 under the provisions of the Telangana Rights in Land and pattadar Passbooks Act, 2O2O (for short "the Act 9 of 2O2O',1. It is further stated that the name of the petitioner was also recorded in Dharani Portal and she has also been receiving the various incentives sanctioned by the Government from time to time as investment subsidies for cultivation of the said land. The grievance of the petitioner is that, respondent No.4, without having any right or authority, had issued the impugned notice, dated O3.O4.2025, directing the petitioner to produce the title deeds for verification of the same or correlating the extents mentioned in the pattadar passbook.

2. Considered the submissions made by the learned counsel , I e petitioner and Sri L.Ravinder, learned Assistant I 2 CVBR, J \\p 11202 2025 Governrncnt Pleader for Revenue appearing for rerrpondent Nos.1 Lo 4 zutd rvith their consent, this writ petirlon is being disposed ol a t the admission stage. In view of tht: nature of relief soughr. for in this writ petition, issuatrce o [ ; rotice to respondr:nt I'1,r.5 is dispensed with.

3. Learne cl counsel for the petitioner has ve lemently contendecl t 1at, as per Section 6 of the Telangantl Jlights in Land and Pattadar Passbooks Act, 197 1, a 1;resunl;tion has been drrlrvn thert the entries made in the recor'l of rLgt ts are to Ile true until and unless those entries have been can:elled by cogent cvtde -rce.

4. Leamcrl Assistant Government Pleader fc r Rt:r'cn re n'ould submit that undcr the provisions of the Telangaltar Revenue Surnmorrses Act, 1869, the Tahsildar and tl-re Revenue Divisional Of lcer are conferred with the powel to sl]r mon any persbn zrncl <:rrll for the records relating to any c'f th: :lg'icultural lands tc, enrr:le them to examine and correla 'e rT il tr rcgard to the entries rtade in the revenue records.

5. In vie,r' of the above submissions and since it is stated that soon af -cr receipt of the impugned notir;e, thc rletitioner ,,/ i I \ To, 3 CVBR, J Wp I t2O2 2025 has submitted her explanation, dated 07 .O4 '2025 duly enclosing all the documents including the pattadar passbook and title deed issued in her favour under the provisions of the ROR Act, 1971 and Act 9 of 202O, this Court is of the opinion that the ends of justice woulci be met if respondent No'4 is directed to examine the explanation, dated 07.O4'2025 and duly taking into consideration of the documents enclosed to the said explanation and after hearing the pctitioner and respondent No.5 herein, pass a reasoned order and communicate the same within a period of eight (O8) weeks from the date of receipt of a copy of this order.

6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs 7 As a sequel, the miscellaneor-rs petitions pending, if any, shall stand closed. //TRUE COPY// SD/.MOHD.ISMAIL DEPUTY REGISTRAR 1, 6k OFFICER SECTI Hyderabad.

1. The Principal Secretary,(Revenue), Secretariat Buildings, State of Telangana, 2. T6e Additional Collector (Local Bodies), Khammam, Khammam District' 3. The Revenue Divisional Officer, Khammam. +. Tfre fansilOar, Raghunadhapalem [\rlandal, Khammam District' S. One CC to Sri Taiun Ram Aitham, Advocate [OPUC] 6. iil CCsto GP for Revenue, High Court for the State of Telangana, at 7. Two CD Copies TJ Hyderabad [OUT] GJP \il / I HIGH COURT DATED:15104t2025 s \- 2 * o tr.lr ,C) ! ) iU - :l o ORDER WP.No.11202 af 20 DISPOSING CIF THE WRIT PETITION WITHOUT COSTS / &1 I I I I I i I l I I i I I i i i I I I