High Court · 2025

1. The State of Telangan-a, Rep'by its. principal,Secretary' Revenue Department' ; +f;Stf:'S':P+ll,t'x3li,t,X!"ifl!3:'HJS:',f?3'"orrector and District Masistrate' . +iy+:*;'l"l',tsf, ffi Xl,:l ; r, ch itva r,. !-lo o nd a D i stri ct' i. i'i' n"s",ir"d;! ; ;^'P, #i;"';;, 6ib' rir?'u6n''n?1,,#* - 6ljrti"Lfi.*, "-R/o.aovaguoua, chinnakaparthy Nalgonda District. Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be ifu "Hli ...RESPONDENTS "unl,rJi' pleased to issue an appropriate writ order or direction more 'larticularly in the natureofWritofCertioraribycallingfortherecords,pertainingtothe proceedingsinCaseNo'F2iSpl.Tribuna1t744t2o21,dated30.0l-2021(oldCase No.8/4359/2018(oldrevenuecourt,RDo,Nalgonda)onthefileof2nd respondentpertainingtothelandinanextentofAc.0.l4guntassituatedin Sy.No.357 and Ac.1 .00 guntas in Sy No'358 resper:tively situated at Chinnakaparthy Village, Chityal Mandal, Nalgonda District arrd to declare the same aS illegal, arbitrary, violation of principles of natural justic;e and violation of the provisions of old ROR Act, 1971 and consequently set aside the same IANO:1OF 2O24 Petition under section 151 cPc praying that in the circumstances stated intheaffidavitfiledinsupportofthepetition,theHighcourtnraybepleasedto permitthepetitionersTandStograntleavetofiletheallovewritpetition aggrieved by the proceedings in case No.F2lSpl.Tribuna11744l2O21, dated 3O-O1-2021 (old case No.8/4359/2018 (old revenue court, Rt)o, Nalgonda) on the file of 2nd respondent, pending disposal of the writ petition IANO:2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court rnay be pleased to suspend the entries made in favor of the 4th respondent with regard to the land inanextentofAc.O.l4guntassituatedinSy.No.35Tandr\c.1.00guntasin Sy.No.358 respectively Situated at Chinnakaparthy Village, Chityal Mandal, Nalgonda District in Katha No.1064 of revenue records, pending disposal of the writ petition Counsel for the Petitioner: SRl. VISWANATHULA JAGAN MOIIAN Counsel forthe Respondent Nos. 1to3: GP FOR REVENUE Counsel for the ResPondent No.4: -' The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY , WRIT PETITION No.14346 of2024 ORDER: This Writ Petition is fited seeking for issuance of Writ of Certiorari by calling for the records pertaining to the proceedings in Case No.F2/ Spl.TribtnallT44 l2O2l, dated

30.01.2021 on the file of respondent No.2 pertaining to the land to an extent of Ac.O.14 guntas in Sy.No.357 and Ac 1'0O guntas in Sy.No.358, situated at Chinnakaparthy Village, Chityal Mandal, Naigonda District and to declare the same as illegal, arbitrary, violation of principles of natural justice and violation of the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short "the ROR Act, 197l"\ and consequently, prayed to set aside the same' It is stated that the mother of the petitioners by name 2. Smt. Qamarunnisa Begum u'as the pattadar and possessor of the land to an extent of Ac.O.14 guntas in Sy'No 357; Ac' 1 39 guntas in Sy.No.358; Ac.O' 13 guntas in Sy'No'36O; Ac'O' 18 guntas in Sy.No.361 and Ac.o.O9 guntas in Sy'No'363' situated at Chinnakaparthy Village, Chityal Mandal, Nalgonda District and her name was recorded as pattadar in al1 the revenue records and the revenue authorities 215e issued pattadar 2 CVBR, J Wp I 13.16 2024 passbook No 514580 uide Patta No. 1O64 in he r lhvour- under the provisions of the ROR Act, 1971 and tLLe Rules made thereunder. It is lurther stated that after the rleath of the mother of the petitioners, the revenue authorities ente red the name of respondent No.4 as pattadar in respect o' the land in Sy.Nos.357 and 358 and therefore, the petitioners lave tiled an appeal under Section 5 (5) of the ROR Act, 197i before respondent No.2 rcquesting to delete the name ol' respondent No.4 in the revenue records and to effect Pouthi .rncl transfer the subject 1:Lnd in the name of the petitioners. l3y an order, dated 30.O1.202 1, respondent No.2 dismissed the said appeal observing ti;,.at "It is seen from the records auailable in tl teis file the appellant has not been issued e-pattadar pas.sbooks and not recorded as pa.ttadar in office records (i.e., Pahant) ancl found that respondert No.4 herein has been issued c'ld pattadar passbooks and recorded as pattodar in pat.hani and on possession also issued neut pattadar passbooics ,ror tlte said extent. " Questioning the said order, the present ivr it petition is filed.

3. Learned counsel for the petitioners has s,ul,,mittcd that infact the mothcr of the petitioners was issue,d pattadar i I 3 CVBR, J wp 14346 2024 passbook and title deed under the provisions of the ROR Act, 7971 for the very same extent of the subject land. Learned counsel for the petitioners further submitted that issuance of e- pattadar passbooks is only a consequential act of carrying the entries which have already been made under the provisions of the ROR Act, 1971. Therefore, unless and until earlier passbook and title deed issued in favour of the mother of the petitioners have been cancelled by following the due procedure, the respondent authorities are not having any power or authority to mutate the name of respondenl No.4 in the revenue records.

4. This Court has carefully considered the submissions of the learned counsel for the respective parties. Except stating that the petitioners have not produced any documents relating to the subject land, no other reason has been given by respondent No.2 in dismissing the appcal tiled by the petitioners. As it is seen from the record that the mother of the petitioners was also issued pattadar passbook for the very same extent of the land, which is subject matter of the appeal. Respondent No.2 has failed to take into consideration the pattadar passbook issued in favour of the petitioners' mother. , 3 4 CVBR, J Wp 11346 2024 Since the impugned order is not in consonaltce wlth the principles of natural justice, the same is liable to be sr.t aside and accordtngly, t[-re same is set aside. Resprtnclent r\o.2 is .directed to rc-cxamine the claim of the petitiorrers as well as respondent No.4 duly taking into consideration oI illl the documents produced by both the parties and p.rss a re;tsoned order with regard to the eligibility and entitlemc.nt of errher of the parties lor issuance of pattadar passbooks in accordance with the provisions of the Telangana Rights in Lan,l and Pattadar Passbooks Act, 2O2O, within a period oi thrr.e (O3) months from the date of receipt of a copy of this ordcr. 5 With the above observations, this Writ petition is disposed o[. Therc shal] be no order as to costs 6 As a sequel, Lhe miscellaneous petitions pend ir-rg, if any, shall stand close,d //TRUE COPY// SDI T.TIRUMALA DEVI ASSISTANT REGISTRAR sEcfloN orHcrn To, 'l . The Principal Secretary, Revenue Department, Secretariat Buildings' Secretariat, Hyderabad. Naloonda District.

2. The Collecior and District Magistrate,special Tribunal, Nalgonda, Nalgonda,

3. ThdTahsildar, Chityal Mandal, Chityal, Nalgonda District' 4. one cc to SRl. VISWANATHULA JAGAN MOHAN, Advocate [oPUC] 5. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad [OUT]

6. Two CD Copies BM &,' I t ) :---\. s rA r€i $E q .) o 21 FiB il? 5 o .5 t t DEI '![:9:' HIGH COURT DATED:2810112025 ORDER WP.No.14346 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS A)c'tl'-w