Enjapatly Ramulu v. 1. 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 or more in the nature of a writ of l\/andamus or any other appropriate writ, order, or direction, declaring the action of the Respondents Nos.2 to 4 in not issuing pattadar pass books to the Petitioner agricultural open land admeasuring Ac.5.10 gts in Sy. No-21411 of Kumarapalle Village, Hanumakonda Mandal and District, which is illegal, arbitrary against to the principles of natural justice and consequently direct the Respondent Nos.2 to 4 to issue pattadar pass books to the petitioner agricultural open land admeasuring Ac.5-10 gts in. Sy. No.21411 of Kumarapalle Village, Hanumakonda [Vandal and It District by r;:rnsi,Jering the petitioner mee_seva dt.211031201,.5 for F)attadar pass books. acplicatiorr No.2500018994 l.A.NO:1 OF 2025 Petiti.n U rier section 151 cpc praying that in t1e c rcurrstances stated in the affidavit firerc ir sLrpport of the writ petition, the Higtr court rray be preased to direct Respc ndert Nos.2 to 4 to issue pattadar pass book to the petitioner by disposing th: pr,t tioner mee-seva application No.250rl01tt99 4 dt.21lO3l2025 in respect of agricirltrrral open land admeasuring Ac.5.10 gts in Sy. No.21411 of Kumarapalle t/ill;crr:, Hanumakonda Mandal and District. Counsel for rhe F)etitioner : SRI PADALA PRAVIN KUMAR Counsel for the Fkrspondents : AGp FOR REVENUE The Court made ther following ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION.No.Ll984 of 2025 ORDER: This writ petition is filed seeking for the following reliel "to issue a urit or more in the nature of a uit of Mandamus or anA other appropiate wit order or direction declaing the qction of tLLe Respondents Nos 2 to 4 in not issuing pattadar pass books to the Petitioner agiculturol open land admeasuing Ac 5 10 gts in Sy No 214/1 of Kumarapalle Village Hanumakondq Mandql and Distict uhich is illegol arbitrary against to the pinciples of nafitral iustice and consequentlg direct the Respondent Nos 2 to 4 to issl.te pattadar pa,ss books to tlrc petittoner agianltural open land a.dmeasuing Ac 5 10 gts in Sy No 214/1 of Kumarapalle Village Hanumakonda Mandal orud Dtstict bg consideing the petitioner meeseua opplicatton No 2500018994 dt 21/03/2025 for Pattadar pcss books and pass appropiate orders'. I t is stated that petitioner is the absolute owner and 2. possessor of land admeasuring Ac.5. 10 guntas in Sy.No.214/ 1, situated at Kumarapalle Village, Hanumkonda Mandal and District, havrng purchased the same under Sadabainama and the sarne was validated and he was also issued pattadar passbook No.538677 vide Katha No.1O under the provisions of the Telangana Rights in Land and Pat[adar Passbooks Act,7977 and the Rules made thereunder. The grievance of the petitioner is that for issuance of e-pattadar passbook under the provisions of the Telangana Rights in LaId and Pattadar Passbooks AcL, 2O2O (for short "the Act 9 of 2O2O"\, he made an application, dated 21 03.2025 but till date, the same has not been considered. Hence, the writ petition. irrEI \r 2

3. Tltc lt:a r ned Assis[ant Governrnent pleade - ple,cinl; reliance on the wrjlten rstructions submitted by the rer;pondert No.4 vide proceeding,s 'lo.pl9lg/25, dated 20.O4.2O2:;, s,rar€cl that on verifical,ior o ' the revenue records, the name ol thr: pe titioner was not founcl rr:crocled as pattadar and issued pattadar pzrs sbooks and on grourrd th : said land is covered rvith houses/ ho.-tsr: sites. There is no agric:r:lLural activity. In support of lgs stat:ment, the responde n r I'l: .4 has enclosed the pahanies and ttLe C oogle earth map to the u,ri'ten instructions.

4. On e:<:;rrination of the said lacts would re vea; thz t there are serious rlispr- te s rvith regard to nature of the land, rts cl rssification and entri,:s n-r.r,le in the revenue records. The pet: tioner ir relying on the pattarlar. passbook issued vide Katha No. 10, passbook No.538677 fr:r thr: extent of land admeasuring Ac.ii. 10 guntas in Sy.No.2 1zl O r the other hand, the Tahsildar h:rs place 1 a record showing thr: r:r r ries from lggo_g 1 wherein thc nature of rhe land in Sy.No.214,rnc its sub-divisions are covered with hou ses/house sltes and the r itme of the petitioner was not recordel as pattadar. It is well se _k:c[ iarv that when there are inter secl sputes rrmong the parties wir.h rt.11:rrd to classification and nature of the lan,i, the writ petition is rr r' ' rc appropriare remedy. The questrons, as ro who is * ffle rightfurJ ()\,,n3r of the land in question; who is; in pos ;ession of 7 t the subject property, and if so, since when, how, and under what circumstances they claim to be in possession; whether such possession can be regarded as legal vis-A-vis the true owner, etc., are material questions that arose for consideration in this writ petition. In my view, these are pure questions of fact, which can only be appropriately addressed by a civil court in a properly instituted civil suit, based on the evidence adduced by the parties, but not in a writ petition filed under Article 226 of the Constitution of India. It has been consistently held by this Court and the Hon'ble Supreme Court that a regular civil suit is the proper remedy for the adjudication of disputes relating to property rights. Therefore, the present writ petition filed by the petitioner is misconceived and liable to be dismissed.

5. Accordingly, this writ petition is dismissed. However, it is left open to the petitioner to approach competent Civil Court and seek appropriate relief, in accordance with law. In the event of filing any such suit, the trial Court shall dispose of the same without being influenced by any of the observations made in this order. As a sequel, miscellaneous petitions pending, if any, shall //rRuE coPY/t o..?g^'*{'+"S}+TH , l;: ; \ SECTION OFFICER To Two CCs to GP FOR REVENUE' High Court for the State of Telangana at Hvderabad. IOUTI 6l'""'#iJ sinr'pAonln PRAvIN KUTUAR' Advocate [oPUC] Two CD CoPies 1 2 J SA GJP :-iirt -iit:',afs* ,..,.'.\ ,\'. li I J'!"iL ?025 .: _ -'r-+r'lp '''- --. ,-r:2-" '. 1,.,, :..r..J a- ila t) J! .,:..1' _\, ,./ t, .,? i' , HIGH COURT DATED:2210,112025 ORDER WP.No.1198zt of 2025 DISMISSING ]-HE W.P WITHOUT COSTS. I /,, \-. /zct4 I7 ,-