Tipramoni Ram Gopal v. 1. The State of Telangana

Petition under Article 226 oI lhe 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 directions more particularly a Writ in the nature of mandamus declaring the action of the respondents, more particularly that of the respondent No.2 in rejecting my online application bearing No. 2400001071 downloaded by me from the official website on 21 .04.2025 is challenged in this writ petition as being arbitrary, illegal and violative of Articles 14, 19(1) (d), 21 and 300-4 of the Constitution of lndia and consequently direct the respondents No.2 to 4 upload the name of the petitioner with the revenue records and issue e- patta passbook / new patta passbook in respect of the petitioner's land in Sy. No.'179 admeasuring Ac.1-06 Gts situated at Village Peddashapur, Shamshabad Mandal, Ranga Reddy District lA NO: 1 OF 2o2s Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent No.2 to consider the petitioner's online application bearing No. 240000'1071 dated 21 .04.2o2s without reference to the rejection order downloaded from the official website on 23.04.202s in respect of the petitioner,s land in sy. No. 179 admeasuring Ac.1-06 Gts situated .at village peddashapur, Shamshabad Mandat, Ranga Reddy District Counsel for the Petitioner: SRt. VIJAY B PAROPAKARI Counsel for the Respondent Nos. 1to4: Gp FOR REVENUE Counsel for the Respondent No.S:- The Court made the following: ORDER HON,BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.1291O of 2o25 ORDER: This writ petition is liied seeking to declale the action of the respondent authorities in rejecting the application No.2400001071 made by the petitioner seeking for rectifrcation of the entries made in the revenue records/Dharani Portal and for inclusion of missing extent of land admeasuring Ac. 1.06 guntas in Sy.No.179, situated at Peddashapur Village, Shamshabad Mandal, Ranga Reddy District, as illegal, arbitrary and unconstitutional and consequently prayed for other appropriate reliefs.

2. It is stated that originaily, the land admeasuring Acs.19- 12 guntas in Survey No. 179 situated at Peddashapur Village, Shamshabad Mandal, Ranga Reddy District belonged to the ancestors of the petitioner. That in partition between the father of the petitioner by name Mr. T.Bikshapathi and other family members, the father of the petitioner was allotted the land admeasuring Acs.4-3 I guntas in Survey No. 179, Acs.3-22 guntas in Survey No. 180 and Ac. 1-28 guntas in Survey No.181, Acs.3-OO guntas in Survey No. 191. ttre father of the petitioner was issued pattadar pass book and title deed with Ktrata No.339 I 2 CVBR, J Wp 12910 2025 in respect of the aforesaid lands. It is submitted that various extents of land have been sold by the father of the petitioner to several persons and so far as the land admeasuring Acs.4_31 guntas in Survey No. 179 is concerned, but of the said land, the father oI the petitioner sold the land admeasuring Ac.O_34.6O guntas in Survey No.l79 to Mr. Gordhan Dass Agarwal (HUF) under registered sale deed bearing document No.3419 of 2001, dated 28.07.2O01; Ac.O-O2.gO guntas to Mr. Jagdish prasad Agarwal under registered sale deed bearing document No.3420 of 2001, dated 2B.OT.2OO1; Acs.2_O2 guntas in Survey No.179 to Urmila Agarrrral under registered sale deed bearing document No.3421 of 2OO1, dated, 28.0T.2001; and Ac.0-31 guntas in Survey No. 179 to M/s Omkar Carriers and Movers private Limited under registered sale deed bearing document No.12gg of 2Oll, dated 11.OS.2011. It is further submitted that after the death of the father of the petitioner, the petitioner succeeded to the retained land admeasuring Ac. 1_O6 guntas in Survey No.179 and he was issued pattadar pass book No.T05230260682, with Khata No.822, however, the subject land admeasuring Ac. 1-O6 guntas in Survey No.I79 is missing in the e-pattadar pass book issued to the petitioner and the same is incorrectly recorded in the name of third party viz. M/s -'! CVBR, J Wp_12910 2025 Omkar Carriers and Movers Private Limited. Aggrieved by the same, the petitioner submitted Dharani application No.24O0001071, dated 17.O1.2024, for rectification of the revenue entries made in the revenue records/Dharani Portal and for inclusion of the missing land admeasuring Ac. 1-O6 guntas in Survey No.179 in the e-pattadar pass book issued to the petitioner but so far no action has been taken. It is further stated that when the respondent authorities did not consider the said representation, the petitioner was constrained to ltle W.P.No.4766 of 2O24 before this Court. By an order, dated

23.02.2024, this Court, while disposing of the said writ petition, directed respondent Nos.2 and 3 to consider the petitioner's application, dated 17.01.2024, within a period of 45 days from the date of receipt of a copy of the said order. The grievance of the petitioner is that in compliance with the order passed by this Court, respondent No.2 rejected the petitioner's application on 2l .O4.2025, without assigning any reasons.

3. Considered the submissions of the learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 4 and with their consent, this writ petition is being disposed -al the 4 CVBR, J wp. 12910 2025 admission stage. In view of the nature of relief sought for in this writ petition, issualce of notice to the unofficial respondent is dispensed with.

4. This Court has carefully examined the impugned order rejecting the petitioner's application submitted for rectification of the entries made in the revenue records/Dharani portal and for inclusion of missing extent of land admeasr-rring Ac. 1.06 guntas in Sy.No. 179, situated at peddashapur Village, Shamshabad Mandal, Ranga Reddy District. Except stating that the "application for passbook data correction 2400001071 is rejected by Collectorz, no valid reasons whatsoever have been assigned. Since the impugned order is not in consonance with the principles of natural justice, the same is liable to be set aside. Accordingly, the impugned order is set aside and the respondent authorities are directed to re_examine the petitioner's application No.24O0001071 in terms of the provisions of the Telangana Rights in Land and pattadar pass Books Act, 2O2O or Telangana Bhu Bharati (Record of Rights in Land) Act, 2O24, (if date of enforcement of the Act, is notified as on the date of examining the petitioner,s application) and if the petitioner fulhls the requirements mentioned in CCLA,s circular --€ I I 5 CVBR, J Wp_12910 2025 No.1 of 2021, d,ated 15.01.2021 and Circular No.l of 2024, d,ated 28.02.2024, recti!, the entries in respect of land admeasuring Ac. i.06 guntas in Sy.No.179, situated at Peddashapur Village, Shamshabad Mandal, Ranga Reddy District and issue pattadar passbooks to the petitioner, in accordance with law. If the petitioner is found ineligible, the respondent authorities shall pass a reasoned order and communicate the decision thereon to the petitioner. The entire exercise shall be completed within a period of eight (Og) weeks from the date of receipt of a copy of this order. 5 With the above observations, this Writ petition is disposed of. There shall be no order as to costs

6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/-A.H.S,GOWRI SHANKAR ASSISTANT REGTSTRAR To, SECTION OFFICER 1. The Princioal Secretarv Revelrue Development Secretariat, T.S.,Hyderabad. 2. The Districi Coilector, Fiang^a Reddy oi;i;i[i,ci'K6.iara Katan. 3. The Revenue Divisionat Officer, Rajenora;;;;;ii;;s" Reddy District. 4. The T-ahsitdar, Shamsha baa Minodt n"ns" Rtd'di' oi.tri"t. !. gn" cc to sRt. vtJAy BpARopnxnni,"novJJJie loptjct 6. Two CCs to Gp FOR REVENUE,Higri'C;fi"f;tE St;i" of Tetansana at Hyderabad IOUTI 7. Two CD Coiies ' BM GJP / I I I HIGH COURT DATED:2810412025 l ORDER WP.No.12910 of 2025 t4 ..*s, 't + A ',,,1 7 t? c t)- ?:. .:\ \-\s !' DISPOSING OF THE WRIT PETITION WITHOUT COSTS /2 4.,4 777s