G.Damodar Reddy v. 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 an order or direction more particularly one in the nature of Writ of Mandamus to declare the inaction of the respondents in not implementing the orders issued in Proc. No.D3/TM33-Dharanil33l2023, dated 3'l/05/2023 till date as per the directions of this Hon'ble High Court in C.C.No.935/2023 in W.P.No.3479'l of 2022, dt.06logl2022 as illegal, unconstitutional and bad-in-law and prays to direct the respondent herein to issue the pattadar pass book in respect of the land admeasured Ac.6.36gts in Sy.No.63, situated at Bandaraipakula village/grampanchayat, Gopalpet Mandal, [\/ahabubnagar District, which was purchased through Registered sale deed Document No.4499 of 2014, d1.2310712014 and as per the impugned Proce-^dings No.D3/TN,433- Dharanil33l2Oz:1, dated 3110512023 of the district collector. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Court m ry be pleased to direct the respondents herein to issue pattedar pass book (Dhari rr) to the petitioner for his purchased Agricultural land vide registered sale deed No.4499/2014, d1.231O712014 situated in Sy.No.63 to an extent of Ac.6.36rtls situated in Bandari pakula village, Reval la lrlandal , Wanaparthy district forthwi h by implementrng the Proc. No. D3/TIvl:33-D haran i/33/2O23, d aled 31 1 05 1 2023 Counsel for the Petitioner: SRI CH. GANESH Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER w\.1 z THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY UIRIT PETITION No.l8lOE of2025 ORDER: This writ petition is filed seeking following relief: "...to issue an order or directiol-i more particularly one in the nature of Writ of Mandamus to declare the inaction of the respondents in not implementing the orders issued in Proc.No.D3/TM33 Dharani I 33 I 2023, dated 3 1 / 05 I 2c23 till date as per the dlrections of this Honourable High Court in C.C.No.935/2023 in W.P.No.3479l of 2022, dt. 0610912022 as itlegal, unconstitutional and bad in ]aw and prays to direct the respondent herein to issue the pattadar pass book in respect of the land admeasttred Ac.6.36gts in Sy.No.63, situated at Bandaraipakula village/grampanchayat, Gopalpet Mandal Mahabubnagar District which rvas purchased through Registered sale deed Document No.4499 of2Ol4, dr.23l07 /2014 a\d as per the impugned Proceedings No.D3/TM33-Dhatar,i I 33 / 2023' dated 3ll05l2O23 of the district collector. "

2. It is stated that the petitioner is the owner and possessor of land admeasuring Acs.6.36 gts., in Sy.No.63 situated at Bandaraipakula village, Revalle Mandal, Wanaparthy District, having purchased the same through registered sale deed bearing document No.4499 of 2014, dated 23.07.2014. It is further stated that when the said land was classified as 'Lavuni patta", the petitioner was constrained to submit an application as prescribed under Dharani portal in terms of the Telangana Rights in Land and Pattadar Pass Books Act, 202O(for short 'Act 9 of 2O2O) lor 2 CVBR, J v'.P.No.18108 of 2025 lssuance of new pattadar pass books (Dharani) and the same was not considered. It is further stated that v.hen the revenue authorities did not consider the said application the petitioncr u,as constrained to file W.p.No.34Z9l of 2022 befare tlLis Court seeking direclion to consider his application submittcd in Dharani portal and this; Court uide order, dated 06.09.2022 disposcd of the said writ petjtion permitting the peti[ioner to submit online application under appropriate module and directed resoond,rnt No.2 thercin to consider the same and pass appropriate orders, n accordance q,ith larv, by issuing notice to all the intercsted persons within a period of eight weeks from submission of application by the petitioner. When the said order has not been implemented, the petitioner also filed C.O.No.935 of 2023 and this Court ha:, closecl the said Contemp,t Case on the ground that thc order passr:cl by this Court has been complied with and procs.No. D3/T W33 Dharani/33/ 2023, dated 31.O5.2023 was issued by the resprndent No.2. It is further r;tated that the District Collector, afte- consrdering the application submitted by the petitioner having veritled the records, had spe<;ifically directed the Tahsildar vide procs.No.D3/TM33_ Dharani/3312023, dated 31.05.2023 to changt the nature and classificaLion of the land from ,Lavuni patta, to .pttta land, ancl the manner in u,hich the land acquired by tlre petitiorrer as ;*d=iis{q!:/ ._r:4.* 'r4' / 3 CVBR, J W.P.No.181O8 of 2025 'purchase/Buy' and land type from 'Assigned [and' to 'Agriculture land'. Even after two years from the date of the issuance of the above orders, the Tahsildar has not implemented order, dated 3I .O5.2O23 passed by the District Collector. Hence, this writ petition.

3. Considered the submissions of the learned counsel for the respective parties and with their consent, this writ petition is being disposed of at the admission stage.

4. On a careful examination of the material on record, it is evident that respondent No.5 has not only failed to comply with the directions issued by the District Collector in Procs'No.D3/TM33- Dliarani I 33 I 2O23, dated 31 .O5.2023, but has also acted in I disregard of the authority of this Cotrt. Primo facie, this amounts to willful disobedience and dereliction of duty. Therefore, the Registry is directed to initiate suo motu contempl proceedings against respondent No.S-Tahsildar, in accordance with law. Pending such enquiry, respondent No.2 is directed to initiate appropriate disciplinary action against the respondent No.5 for his failure to implement the Collector's order and, at the same time, suo motu call for the relevant records, ensurc implementation of the proceedings dated 31.05.2023, and file a compliance report 4 V .ll .Yo. I B 10B CVBR, J of 2025 '1};;i before this Court within a period of four (4) wee,<s liorn the date of receipt cf a copy of this order

5. With the above directions, this Writ petitorr Thcre shall be no order as ro costs. !S disposed ol M iscellaneous applications pending, if ,rny, shall stand closed //TRUE COPY// SXT ,fE sr I I TgRINIVASA REDDY q\rerur REGISTRAR \ i\ - ____.-_ '$rcrtoru oFFrcER To,

1. The Princ;ipal Secretary to Government, Revenue Depanment, Telangana Secretariai, The State of Telangana, Hyderabad.

2. The District Collector, Wanaparthy District, Telangana State. 3. The Revenue Divisional Officer, Wanaparthy, Wanaparthy District. 4. The Tah:;ildar. Gopalpet lVlandal, N,4ahabubnagar Distr ct. 5. The Tah:;itdar, Revalle Mandal, .Wanaparthy District 6. The Section Officer, Writ Non-service Secti6n, High C:urt for the State of 7. The Rtgistrar Jr-idicial I (for taking necessary actior ). High Court for the 8 One CC :o SriCH. Gan6sh, Advocate IOPUCI 9. Two CCs to GP for Revenue, High Court for the State of Telangana, at State of -elangana, at Hyderabad. Telangarra, at Hyderabad. Hyderabad [OUT]

10. Two CD ,3opies TJ o \ \ HIGH COURT DATED:2710612025 ORDER WP.No.18108 of 2025 :.:1-:.-: J tA Y o o(-.) -i--/- ii* "\-^ ,i ltl 2E ! .- )l t,- DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,{