Mandadhi Bixam v. '1. The State of Telangana
Case Details
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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd and 4th respondent in not issuing new pattadar pass book to the petitioner the land in Sy No.14lAA, and 14lAl1 to an extent of Ac.O.35 guntas, Ac. 0.36 guntas, total to an extent of Ac.1.31 guntas situated at Meriguda Village, Nuthankal Mandal, Suryapet District is being illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of lndia and as well as the provisions of the Telangana State Rights in Land and Pattadar Pass Book Act, (Act 9 of 2023 ) and consequently direct the 4th respondent not to alienate and not to create any third party interest in the above said petitioner land I lA NO:1OF 2025 Petition under Section 1S1 CpC praying that in the circ:urn5fsn6ss stated in the affidavit filed in support of the petition, the High court may be preased to direct the respondents to issue new pattadar pass bookof the petitioner the tandin Sy No. '14lAA, and 14lAl1 to an extent of Ac. 0.35 guntas. Ac. 0.36 guntas, total to an extent of Ac. 1.31 guntas situated at Meriguda Virtagt-', NuthankarMandar, Suryapet District forthwith pending. dial of the main writ petitic,n Counsel for the Petitioner: SRt. RAMAKOTAIAH KANDALA Counsel for the Respondents: Gp FOR REVENUE The Court made the following: ORDER t i I I I 1 I i HON'BLE SRI JUSTICE C.V.BHASHAR REDDY WRIT PETITION No.12O62 of 2o25 ORDER: This writ petition is filed seeking for the following relief: 'to issue a Writ order or dtrection more particularlg one in the nature of WRIT OF MANDAMUS declaing the action of the ofrtcial respondents h not recttfAng the utrong entries mqde in fauour of the unofficiaL respotdents instead oI the petttioners under the inJluence of unolficial respondents in respect of the lands in Sy No 825/4 admeasuing Ac 0 0350 gts uide Khata No 166 Sg No 825/AA admeasuing Ac O 0350 gts uide Khala No 167 SA No 825/E admeasuing Ac O 0200 gts uide Khata No 679 Sy No 825/EE admeasuing Ac 0 01O0 gts uide Khata No 694 and Sg No 825/ HU admeasuing Ac O O100 gts uide Khata No 5371 m totoL Ac O 11 gts siLuated qt Namilikonda Village Kodimgol Mandal Jagitgal Distict as ilegal arbitrary Ggoinst to the prouisions of Telangana Rights in Lqnd and Pattctdar Pass Books Act 2020 and uiolation of Articles 14 19 21 ond 3OO A of tle Constitution of lndia and consequentlA direct the offcial respondents to enter the names of the petitioners in respect of aboue properlA in simlar circumstances the 4th respondent had mutated and ssued eprzssboo/rs and title deeds in respect of Sg No 826/E qdmeasuring Ac O 32 gtssltudted at Namilikonda Vtllage Kodimyol Mandal Jagitgal District rn Passbook No T1808O1O1013 uide Khqta No 1972 and to pass appropiate orders".
2. lt is stated that the petitioner is the owner and possessor of agricultural land admeasuring Ac.No.1.31 guntas in Sy.Nos.14/AA, 14 I Al I, situated at Merigdua Village, Nuthankal Mandal, Suryapet District. It is further stated that the name of the petitioner is recorded in the revenue records and the authorities have issued pattadar pass book vide pass book No.2O057 and Patta No.26O1. It is stated that after repealing/ replacing of the Andhra Pradesh Rights in Land and Pattadar Pass Book Act, 1971 with Telangana Rights in Land and Pattadar Pass Book Act, 9 of 2020, the petitioner has made an application through Dharani Portal for ,,/ I 2 CVBR, J Wp-12062 2025 lssuance of tr pattadar pass Book, to enable the pr:titioner to enjoy absolute righl over the subject property and to receive various lncentives bcing sanct ioned by the Government as investment subsidies for cultivation of lands The gricvance of the petitioner is that even after receiving the said application, the respondent authorities are not issuing the E_pattadar pass Et()ok Hcnce, the present writ petition
3. Learned Assistant Government pleader for Revenue appearing for the respondents has submitted tha I the pe titioner had made an online application vide application No.250002 1414, dated 03.04.2O25 and has filed this writ petition t.ven before the prescribed time for disposal of the said representation, therefore, this writ petition is misconceived the same is liable to be dismissed. Hc further contended that pencling exanrination of the said application filed by the petitioner, the ROR Acr ,9 of 2O2O is repealed and replaced with the Telalgana Bhu Bharathi (Record of Rights in Land) Act, r or 2o2s and the petitioner has not made any application under the provisions of new Act. ll any such application is made by the petitioner under the provrsions of new Act, and if the same complies with the Rules lramed under G.O.Ms.No.39, dated 14.O4.2025, the petitioner,s aJrplication will be decided in accordance with law. I \ I j I ;ll ffiF :. I J CVBR, J wp_12062J02s in view of the above submissions, ttris Court without 4. expressing any opinion on the right and entitlement of the petitioner, since it is stated that the petitioner has made an online application No.25OO021414, dated 03.O4.2025, deems it appropriate to direct the respondents to consider the said online application in accordancc with law. If the said application is not considered as on the date of this order, the petitioner is permitted \ I to make appropriate online application in the prescribed format in Bhu Bharati Web Portal, seeking correction of entries in the revenue records and for issuance of pattadar passbooks in respect of subject lands. In the cvent of such application being made by the petitioner and if the same fulfills atl the requirements under the provisions of the Act I of 2025 and the Rules made thereunder, the respondent-authorities shall examine and consider the case of the petitioner. In any event, if the application of the petitioner does not fullrll the requiremcnts of the Act I of 2025 and the Rules made thereunder, the respondent-authorities shall pass a reasoned order, in accordance with law and communicate the same to the petitioner. The entire exercise shali be completed within a period of three (03) months from the date of receipt of the application' 5 Accordingly, this Writ Petition is disposed of 4 CVBR, J W p_12062-2025 : As a sequel, the miscellaneous petitions pe rding, if any, shall stand closed //TRUE COPY// D S D/.K.AMMAJI ISTRAR S c FFICER -' /- ir!: lllffifS*:cretary' Revenue Department, secretariat Juirdings, gB&f,t.3I',J,,.'Bl",lJlJ;,iB#,B""ls,lfls5srR:',':fi |eoivsi,n,suryapet, trtr;qhp"5$ffi:#T5l H,ffsil lp,fi":ffi itltr,. n,., ., I t To, 1 2
4. 5. 6. 7 BM LS HIGH COURT DATED:2210412025 "1:' , , .,\- ;\ /,< ,)' (-. 18JlJl/ 20fr ( \\ i o.nr i::.-: ORDER WP.No.12062 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS lsliar