Bonoula Hanumanthu v. 1. The State of Telangana

Counsel for thr: [:'etitioner : SRI M.DAMODAR REDDY c o u n s e I ro r t h r: rire s F o n a " nt' ffi I;?"ISH"i'11i.s AS r Fr r' The Court made the lbllowing: ORDER - l THE HON'BLE SRI JUSTICE C.V.BHASKAR RDDDY WRIT PETITION No. 11765 0F 2025 ORDER: It is stated that the petitioner is landless poor person and assigned land to an extent of Ac.0.38 guntas in Survey No'251 at Lathipuram Village of Berelli Revenue Village, Gadwal Mandal, Jogulamba Gadwal District, in terms of the policy enunciated by the Government in G.O'Ms'No 1406, dated

26.07.1958. It is further stated that final patta certificate was issued in File No.C/489/2O09, dated lB'O2'2OO9 for the aforesaid land. It is stated that the petitioner's name was also mutated in the revenue records after conducting panchanama to an extent of Ac.0.38 guntas uide proceedings, 01'03 2019' and possession was given after preparation of sub-division records for the lands in Sy.No.2S 1. It is also stated that the petitioner was issued pattadar passbook No 655368 uide patta No.296 under the provisions of the Telangana Rights in Land and Pattadar Passbooks A-ct, 1971 (for short "the ROR Act' 1971") and the Rules made thereunder but he was not issued e- pattadar passbook under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short "the Act 9 of 2O2O"l to enable him to receive various incentives as 2 C\'BR, J !\p 11765 2025 lnvestnrerlt ; rbsidies for cultivation of the said lanC. ...herefore, the petit: rn : - made an application, dated 72.C2.2024, seeking for issui: r-rc r of e-pattadar passbook ancl u.h rn the said applica,ic,n \r,&S flot considered, he was co:tstrtrneC to fi1e W.P.No 9.141I of 2024 before this Court. Vide ordr:r, dated L5.O4.'2O.,4, this Court, disposed of the said \r,/rjt pcrition, directec 1 te I espondents to examine the claim of t he I retitioner and pas:i rppropriate orders for issuance, o. e pattadar passbock lr compliance with the orders o I t]: is r )ourt in W.P.No.l.L4 .., ol 2024, it is stated that responcle tt llo.2 has passed irnp.r3ncd orders ujde File No.Dll533/.tO2.., dated rejecting the petitioner,s application. He;rce, this

23.O1.202-, Writ Pet ti r>r

2. Cr,n:;irl : red the submissions of the learnecl cor rnsr I for the respecti'c p: rtics and with their consent, this wriL pe tition is being disp:rse c of at the admission stage.

3. Le I nt< t I counsel for the petitioner vehem,:ntl.. co rtended that the p,rr_i'ilner was assigned land to an e:tent of Ac.O.3g guntas ie Sr rve1, No.251/3 after preparation rf Sub- )ivrsion records i:n(l v"thout considering the said fact, r,:spc,ncle nt No.2 has pas se ,1 t ee impugned order. l,earned coun sel further ':3'r' 3 CVBR, J wp 11765-2025 submitted that issuance of e-pattadar passbook is only a consequential act of carrying the entries which have already been made under the provisions of the ROR Act' 1971 and the entries made in the pattadar passbook are on$ compilation of the survey numbers and the accounts for the extent being mentioned in a particular village and therefore' it does not take away t}le right of the petitioner in any manner unless the entries in the revenue records have been corrected by following due procedure. 4, Sri H.Somaiah Ezra Sastri, learned Assistant Government Pleader for Assignment appearing for the respondents' has submitted that the Tahsildar has conducted a detailed enquiry and submitted a report stating that in respecL of the subject land the name of the petitioner is not recorded in the revenue records as well as in Assignment' Register, therefore' respondent No.2 has rightly rejected the case of the petitioner'

5. A careful reading of the impugned order would reveal that the respondents have proceeded to pass an order on the ground that the petitioner's name was not found to be recorded for the land in Survey- No.251 and its sub-divisions' Infact' the verification of the documents enclosed to this writ petition as 4 C\'BR, J \rp -11765 2025 annexur:) \r'()t-lld disclose that the petitioner was assigned the land to :u- oxtent of Ac.0.3g guntas in Sy.Nrt.251, f na1 patta certillcare .r'as also issued in File No.C/.189, 20( 9, dated 18.O2 .'.).(:,t)'.) for the aforesaid land and his nrr nc r.r,as also mutated ir t he revenue records after conduct ing par: chanama to an lxier t of Ac.O.3g guntas uide proceedings. 0 .03.2019 and he \\'i),c llso issued pattadar passbook No.6,5535g i,ide patta No.296 L;ncr r the provisions of the ROR Ar:t, 197 Once pattada r :rr.r;:;book was issued under the provisior.rs o1.the ROR AcL, 79/ 1 itr avour of the petitioner, the responderit :lrthorities are not I'rrl,,i tg any power or authority to reject th: Pe titioner,s applicat ic -r r;eeking for issuance of e_pattacla - p assbook. Therefo;'e tl- r order passed by the District Collec or s not in conson€ n :c: r ith the principles of natural justic e or thc sarnc is in accord::r-rc: u,jth the procedure under the pr()vtstorrs of Act 9 of 2O2O o; r_1.1,1s1 the provisions of the Telangan a Lztnd Rcvenue Act 131f ' I:':rs 1..

6. Fc r :l t said reasons, the impugnec, o _dr:r clated 23.O7.2('2'; rassed by respondent No.2, is liabkr to be set aside and accrrr.lir-r _lly the same is set aside. The respondt nts are directed to e;< rmine all the documents i.e., fina1 ltattrL ce; tificate, No.C/48(l/ 2019. dated la.O2.2OOg, panchanarna, dated '**. .,/ - i i : To, 5 CVBR, J wP 11765 2025

01.03.2019 and also pattadar passbook No.655368 uide patta No.296 issued in favour of the petitioner, filed in support of the application submitted by the petitioner and after affording an opportunity of personal hearing to all the interested parties, pass a reasoned order, in accordance with law.

7. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs a. As a sequel, the miscellaneous petitions pending, if any, shall stand closed //TRUE COPY// SD . A. SRIN VASA REDDY ANT REGISTRAR ECTION OFFICER ariat, State of Telangana' Hyderabad

1. The Principal Secretary, Revenue DePahment' Se 2. The Collector, Jogulamba Gadwal District' at Gadwal 3. The Tahsilda r, Gadwal Mandal, Jogulamba Gadwal District .DAMODAR REDDY, Advocate' [OPUC] 4. One CC to SRI M OR ASSIGNIMENT, High Court for the State of Telangana 5. Two CCs to GP F louTl

6. Two CD CoPies' BSK GJP $ HIGH COUIR'T DATED:21 tC),412025 .at' ,'1 ' t\< ' ^ -rE s 14 i I n ;uru ZrZs ((( r. :. ORDER WP.No.11i'6li of 2025 L) \. DISPOSIN(.i I-)F THE WRIT PETITION WITHOUT I}OSTS c.q-E g L u\r l ! i ) , I i i I I I I i