Pasham venkatayya v. 1. The State of Telangana

Petition Under Article 226 ot 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 to are the of the action of the Respondent No. 3 in issuing the proceedings Lr.No. Bt78t2O24 daled 2110212025 by Rejecting the Online application No. 2500010244 daled 1510212025 made through online by the petitioner for Correction/Restoration of missing survey numbers in Dharani Portal in respect of the land bearing Sy.No. 29215.) admeasuring extent of Ac. 0.22 Gts , situated at Marikal Village, Chowdapur Mandal, Vikarabad District, without conducting proper enquiry is illegal, arbitrary, unjust, unconstitutiona l, against the principles of natural justice and consequently direct the respondents 2 to 4 to conduct the enquiry and consider the Online application No. 2500010244 dated 1510212025 made by the petitioner for Correction/Restoration of missing survey numbers in Dharani Portal in respect of the land bearing Sy.No. 292ld) admeasuring extent of Ac. 0.22 Gts situated at Marikal Village, Chowdapur Mandal, Vikarabad District, by setting aside the impugned proceedings Lr.No. B 17 B I 2024 d ated 21 I 02 I 2025, |.A.NO:1 OF 2025 Petition Under Section 15'1 CPC praying that in the clrcumstances stated in the affidavit fiJed in support of the petition, the High Court may be pleased to direct the respondent 2 to 4 authorities conduct the enquiry for Correction/Restoration of missing survey numbers in Dharani Portal in respect of the land bearing Sy.No. 292lo3 admeasuring extent of Ac.0.22 Gts , situated at Marikal Village, Chowdapur Mandal, Vikarabad District. pending disposal of the man writ petition. Counsel for the Petitioner : SRI B.KEERTHI REDDY Counsel forthe Respondents : AGP FOR REVENUE The Court made the following ORDER HON'BLE SRI JUSTICE C.V. BEASKAR REDDY WRIT ONNo.135 80 of 5 ORDER: It is stated that the petitioner is the owner and possessor of the land admeasuring Ac.O.22 guntas in Sy.No.292/Ru, situated at Marikal Village, Chowdapur Mandal, Vikarabad District, along with other survey numbers. It is further stated that, while issuing e_pattadar passbook in Dharani portal, the subject land is missing and therefore, the pedtioner made an application No.250OO 102 44, dated 1Z .O2.2O25 seeking for passbook data correction. The grievance of the petitioner is that respondent No.4 uide rmpugned order, dated 21.O2.2O25, re.;ected the petitioner,s application, dated ground that family disputes are pending.

77.O2.2O25 on rhe

2. Considered the submissions of the learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.r to 4 and with their consent, this writ petition is being disposed of at the admission stage. Learned counsel for the pedtioner has vehemently ..t' qontended that the entries made in the pattadar passbook are 2 CVBR, J wp 13580 2025 only compilation of the survey numbers and the accounts for the extent being mentioned in a particular village and therefore, once pattadar passbook is issued in favour of the petitioner, it does not take away the right of the petitioner in any manner unless the entries in the revenue records are corrected bv following due procedure. 4 . lrarned Assistant Government Pleader for Revenue has not disputed the issuance of the pattadar passbook under the provisions of the Telangana Rights in Land and Paitadar Passbooks Act, 1971 (for short "the ROR Act, 1971") and missing of the subject land in the pattadar passbook issued under the provisions of the ROR Act, 1971.

5. A reading of the impugned order would reveal that respondent No.4 had rejected the application submitted by the petitioner seeking for passbook data correction on the ground that there are family disputes. It is settled law that the revenue authorities do not have any power or authority to interfere with the family disputes pending between th.e inter se parties and as such, the petitioner is not entitled for passbook data correction. t I 1 \ -l CVBR. J wp 13580 2025 \

6. Admittedly, pattadar passbook has been issued under the provisions of the ROR Act, 7971. Further, it is seen from the record that, once pattadar passbooks are issued to the petitioner, a presumption has to be drawn under Section 6 of the ROR Act, which states that every entry in the record of rights shall be presumed to be true until the contrary is proved or until it. is otherwise amended in accordance with the provisions of the ROR Act, 797l. Without conducting any enquiry, the respondent authorities do not have any right or authority to reject the claim of the petitioner for passbook data correction. Therefore the impugned order is liable to be set aside. 7 . Accordingly, this Writ Petition is allowed by setting aside the impugned order, dated 21.02.2025 and respondent No.4 is directed to conduct a detailed enquiry on the application, dated

15.02.2025 submitted by the petitioner after issuing notice to all the interested and effected parties and pass a reasoned order strictly in accordance with the provisions of the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 and the Rules made thereunder, within a period of three (O3) months from the date of receipt of a copy of this order. 4 CVBR. J wp 13580_ 2025

8. With the above observations, this Writ Petition is disposed of. There shall bc' no order as to costs.

9. As a sccluel, the miscellaneous petitions pending, if any, shall stand closed //TRUE COPY// SD/.P. CH . NAGIABHUSHAMBA UTY REGISTRAR D E(]TION OFFICER at Hvderabad To'" 1. Th" Principal Secretary, Revenue Department S z. i'ne'oiiiriit Collector, Vikarabad District i. iil; il;;;;;" biuisionar iItrilei, vit<arauao Division and District' ;. +'ti; i;;;idr', Cnowoapur Mandal and Districl .. 5. Two CCs to GP ron neVeiitrElHGn Co"t rot the state of Telansana at o. ijl'"""cCiJ s'nr a keenrnr REDDY' Advocate [oPUC] 7. Two CD CoPies Hvderabad. [OUTI riat, State of Telangana I SA BS {T. $E SrAre r )i I -/ 2 3 iq AI 2025 A D5spAlc G)}, ) HIGH COURT DATED:3010412025 ORDER WP.No.13580 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. \0 .oP(4 Yr 5 a 5