1. Gone Venkaiah v. The 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 more particularly one in the nature of writ of tr/rANDAt\ilUS, decraring the action of the Respondents 2 to 4 herein in not issuing Ryothwari Patta / e-Pattadar Pass Book in respect of agricultural land to an extent of Ac.4.80 cents comprised in Survey No'53/1 and Ac'1 00 comprised in Survey No.S1/4, to a total of Ac'5 80 cents' situated at Chinabandirevu Revenue Village, Dummugudem Mandal' Bhadradri Kothgudem District' basing upon the representation of the Petitioners dated 12'02'2024' received on 28 02 2024 and as per the Order passed by the 3rd Respondent herein in Case No 37' dated

11.12.2017, p€ ssr)(J rn terms of proviso 2(a) to Section 7(1) rcac with section g(2) of Regulation 2 ot ' 970, in spite of the retter issued by the 2n r Fiespondent herein in Rc No.E3/9 141'2a24, dated 04.03.2024, as iilegar, arbitrrry and viorative of Article 14, 21 irnc lo0-A of the constitution of rndia and ccrrsequenfly direct the Respondents 2 tc 4 herein to issue Ryothwari patta / e-Falarrar pass Book in favor of the Pr:ritiorers herein in respect of agricurturar rand to an extent of Ac.4.g0 cents comprise J ir Survey No.53/1 and Ac.1.00 comprised in 3u vey No.51/4, to a total of Ac.5.80 ce,.s. situated at chinabandirevu Revenue \/i lae e, Dummugudem lMandal, Bhadr: dri liothgudem District. forthwith. IA NO: 1 OF 2025 Petition Lnd'-'- section 151 CpC praying that in the circ,rmstances stated in the affidavit file(r n s;upport of the petition. the High court may be preased to direct the Respondenls 2 10 4 herein to issue Ryothwari patta i e-F,arta,iar pass Book in favor of the Peti:ior e rrs herein in respect of agricurturar rand to ,rn ,lxtent of Ac.4.g0 cents comprisec in siurvey No.53/1 and Ac.'1 .00 comprised in s ur /ey No.51/4, to a total of Ac.5.80 ;entr;, situated at Chinabandirevu Revenue Villtgr:, Dummugudem Mandal, Bhad rzrdr Kothgudem District, pending disposal of the above Writ Petition. Counsel for the petitioners: SRI KONDAPARTHI SRINIVASA Counsel for the Respondents: Gp FOR REVENUE The Court made the following: ORDER I I l I ! I I i l HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.11296 of2o25 ORDER: This Writ Pctition, under Article 226 ol the Constitution of lndia, is hled seeking the following reiief: "....to i-ssue a Wit, order or direction more particularlg one in the nature of Wnt of MANDAMUS declaring the action of the respondint Nos.2 io 4 herein in not issuing RyothuLai Patta / e- Paitadar Pass Book in respect of agicttltural [and to an erte of Ac.4.8O cents comprtsed in Surueg No 53/ I and Ac'l'00 compised ln Suruey No.51/4 to a total of Ac-5.80 cents situated ot Chinabanclireuu Reuenue Vittage, Dummugudem Mandal, Bhadradi Kothgudem Dist-ict, bastng upon the representation of the Petitioners iated 12.02.2024 receiued on 28 02'2024 and os per the Order passed bg the 3'd respondent herein in Case No 37 dated 11.12.i017 passetl in terms of Prouiso 2a to Section 71 read. ultth Section 92 of Regulation 2 of 1970 in spite of the letter issued- bg the 2"d respindent llerein in Rc.No.D3/ 914/ 2O24 dated 04.03.2024 cus ittegal, orbitrary and uiolotiue of Articles 14' 21 ond 300A of the Constitution of India and consequenttg direct the respondent'Nos.2 to 4 herein to rissue Rgothtuai Patta / ePattodar Poss Book in fauor of the Petitioners herein in respect of agrianltural loncl to an extent of Ac.4.8O cents compnsed in Surueg N;.$/ 1 and Ac.1.OO cttmpisied in Surueg No'51/4 to a total of Ac.5-80 cents sltuated, at Chinabondtrerru Reuenue Village' Dummugudem Mandal, Bhadrarln Kothgudem Distict forlhuith...." It is stated that the petitioners herein are the absolute owners 2. and possessors of agriculture land to an extent of Ac 4'8O cents in Sy.No.53i 1 and Ac.1.00 in Sy No'54/ 1, in total Ac'S 80 cents situated at Chinabandirevu Revenue Village, Dummugudem Mandal, Bhadradri Kothagudem District, having acquired the same by way of succession, and they are in peaceful possession of the 2 subject pr olr t -tv from more than five decades. [t is rc case of the petitiont-'rr; t r lt their names are entered in the re ,er ue recorcls, however, :r,r ,:-pattadar passbooks are issued in tlrei - favour till date, th,tr,rlo,r,, rhey have filed a case vide No.37 br.f.rc resltondent No-3-Th,: llc:t.lr:rnent Officer and Rcvenue Divisi..al ()ffi:er, seeking issuanc,.(.'li ltadar passbooks ,r, .a"O"a, of rlrr s r )ic.t pruperry. It is furth:t' ::rse of the petitioners that aftcr conrlrrcting enquiry under Scc t;c,: 7(1) of Regulation 2llgZO for grar r_ir g patta in respect .f tl r' subject land, respondent No.3 virk r rder clated 11.12.2A1'. Lllou,ed the said case stating that thc ciaimants (petitioncrs I r.rern) are entitled for Ryothwari l)ir1r. (pattadar passbooks) :r respect of the schedule lancl unclcr St,c ion 9(2) of Regulation )' I 1970. It is further case of the pel itiorrr rs that u,hen the respor de'rI authorities have not impleme.nted o _cler c]aLed 17.12.2017 li,r issuance of Ryothwari pafta in theLr f: vour, rhey have sultn iit,: I several representations befor,: thr I espondent authorities, a'rcl acting on the same, responrlcnr Nc,.2-District Collector, issu,:l a letter in Rc.No.tr3/914 12024, <latt:t1 (1.O:).2024 directing rr sp r tdent No.4-Tahsildar to examint: thc cl rsc of the petitioners 'c,r issuance of e-pattadar passbooks in ihcir favour. The grievan rc: tf the petitioners is that in spite of tLLc older dated 71.72.2O1i, rr (lase No.37 passed by re spondent No.3 a nc the letter in Rc.No.lI37/9l+,r2924, dated O4.03.2O24 issuccl t,1 rcsponclent 3 No.2, no steps were taken by the respondent authorities for issuance of pattadar passbooks in their favour'

3. Considered the submissions of the learned counsel for the respective parties and perused the record

4. Learned counsel for the petitioners vehemently contended that even though the petitioners are in possession and enjoyment of the subject properq/ under Section 9(2) of Regulalion 21 1970, in view of not issuing the pattadar passbooks, the petitioners are not in a position to receive various incentives as investment subsidies sanctioned by the Government under various schemes for cultivat ion oI their ]ands. In view of thc above, and sincc respondent No 3 has already 5 passed order dated 11.L2.2017 in Case No'37 stating that the petitioners are entitled for Ryothwari Patta (pattadar passbooks) in respect of the schedule land under Section 9(21 of Regulation dispose of this writ 21 1970, this Court deems it appropriate to petition directing respondent No.4 to submit a report before respondent No.2 within a period of four (4) weeks from the date of reccipt of a copy of this order in pursuance of letter in Rc.No.E3/914 12024, d'ated 04.O3 '2024 issued by respondent No'2 District coilector. In the event of frling such report, respondent \ \ 4 No.2 is rlirr:ct:ci to take appropriate decision a,d co nrrunicate the same to ll re, r,rtitioners 6 Witlr I L,: above observations, this Writ pctitiorr is disposed of No order a s t,) costs As a sr 1ur:l, the miscellaneous petitions p,:ndrnq, f any, shall stand closr:cl //TRUE COPY/i SD/- P. PADIJIA.NABHA REDDY DEF,UI-Y REGISTRAR ,/ SE(;TIbN OFFICER ]!9 elnci )al -c ecretary. The State of Telangana, Reven:e r D:partment, 5ecretana. H. dinqs, Hvderabad. The Distrir t C rlleclor, Bhadradri Kothagudem District. The Settlererr Officer and Revenue Dlvisional Officer, Bhirdrrchalam Division. B ha, lradri Kothaqudem District. The TahsilJar D_ummugudem Mandal. Badradri Kothaqurjc m District. 9n" 9! to S r Kondaparthi Srinivasa, advocate topuel lwo CCs t: (l ) for Revenue, High Court for the-State of T:largana, at Hyderabac [OLlTl Two CD C rpir::; To, 1 2 4 5 b 7 TJ GJP ! j HIGH COIJRT DATED:151A412025 I I L l::\- 1i-L.i . \.. , s\ S"q \ ,i (4, ORDER WP.No.111196 of 2O2S i I I I I I I I I I i i i i i I I I // IZ, // DISPOSING OF THE WRIT PETITION WITHOUT COSTS