Gogineni Venkteshwar Rao v. State of Telangana

circumstances stated in the affidavit filed therewith, the High Court may be a pleased to issue an order or orders more particularly one in the nature of the writ of mandamus, .by declaring the action of the respondents, in including the petitioners land in Sy.No.58 as Government land in the revenue records of the irsulapuram village is illegal and not issuing pattadhar passbooks to the agriculture land located in Sy.57A and 58 located at lrsulapuram Revenue Village, Bayyaram Mandal, Mahabubabad District admeasuring to an extent of 7 Ac.5.23.Gts as illegal, arbitrary, unjust, violation of the Tel: rgana Rights in Land and Pattadar Pass Books AcL 2020 and violation of Rig I ts guaranteed under articles 14,21 and 300-A of the Constitution of lndia and ()onsequenfly declare petitioners property free from all encumbrances and fl r her issue pattadhar passbook. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the :ircumstances stated in the affidavit filed in support of the petition, the High (), urt may be pleased direct the respondent No.2 to 4 to remove the land situate( in Sy.No.5g located at lrsulapuram Revenue Village, Bayyaram Mandal and l ahabubabad District from the category of Prohibited list, pending disposal of the i bove writ petition. Counsel for the Petitioner: SRI CH. VENKAT RAMAN Counsel for the Respondents: SRI HINGOLEKAR RAKESI-I (UMAR, AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V.VETIUGOPAL WRIT PETITION No.2196O of 2o22 ORDER: The present writ petition is hled by the petitioner under Article 226 of the Constitution of India, seeking issualce of a writ of mandamus, declaring the action of the respondents in including the petitioner's land in Survey No.58 as Government land in the revenue records of Irsulapuram Village as illegal and in failing to issue Pattadar Passbooks for the petitioner's agricultural land situated in Survey Nos. 57A and 58 of Irsulapuram Revenue Village, Bayyaram Mandal, Mahabubabad District, admeasuring a total extent of Ac.5.23 Guntas, as illegal, arbitrary, and unjust and in violation of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O, as well as the petitioner's fundamental rights guaranteed under Articles 14, 21, and 3OOA of the Constitution of India. Further, prays for a declaration that the subject property is free from all encumbrances and seeks a consequential direction to the respondents to issue the Pattadar Passbooks in respect of the said land.

2. Heard Sri Ch.Venkat Raman, learned counsel for the petitioner and Sri Hingolekar Rakesh Kumar, learned Assistant Government Pleader appearing on behalf of le1ed Government Pleader lor Revenue Sri K.Muralidhar Reddy, r-,,- Page 2 of3 ..\'-sttl -

3. The learned counsel for the petition(.1 submits that the petitioner and his family have been in peace r .1 possession and cultivation of agricultural land admeasuring Ac.5.2l guntas in Sy.Nos. 57 / A and 58 of Irsulapuram Village, Mahabubabad )istrict, for over 6O years, having purchased the land in 1961 from , ne Sri Aftab Mia. Despite long-standing possession, cultivation and .r ryment of properlv tax, the land in Sy.No.58 has been errone(). rsly classihed as Government land during revenue record digitizri ion and pattadar passbooks were not issued. Alleging such action I , be arbitrary and violative of Articles 14, 2l and 3O0-A of the Constit _ tion, the petitioner seeks correction of records and issuance of passlr roks under Article 226 of the Constitution of India.

4. The learned Assistant Government pl,: rder submits that the petitioner has not produced any valid title or re 3istered clocument to establish ownership over Survey No.58, which rr ands classihed as Government land in the revenue records. It is furth(,1 submitted that in W.P.No.15584 of 202O, this Court had already held -hat the petitioner failed to establish title over Survey No.57 with pr rper documentary evidence. Despite being granted liberty by this Cou- , vide order dated

15.O9.2O2O in the above writ pctition, to file an onlL: Le application and pay requisite charges for survey and demarcation, tlt petitioner did not avail sr,r:h remedy and instead fited the present e rit petition. Merc / Page 3 ol-3 possession, unauthorized construction, or payment of property tax does not confer ownership and no regularization has been sought by the petitioner. 5- Having heard the rival contentions and upon perusal of the material on record, this Court hnds that the petitioner, without availing the remedy of fiting an application lor survey and demarcation, has directly approached this Court by way of the present writ petition. In that vie'a, of the matter, the writ petition appears to be misconceived and is not liable to be entertained. However, considering the submission made by the learned counsel for the petitioner, this Court deems it appropriate to grant liberty to the petitioner to file an appropriate applicalion before the competent authority, in accordance with law, to establish his claim of ownership over the subject land. With the above observation the present writ peLition is dismissed.

6. In the result, the writ petition is dismissed. No costs. Interlocutory applications, if any pending, stand closed. //TRUE COPY// sd/- s. ALLIKARJUNA RA S TANT REGI R ON OFFICER

1. One CC to Sri Ch. Venkat Raman, Advocate tOPUCq 2. Two CCs to GP for Revenue, High Court for the Hyderabad [OUT] t e of Telangana, at

3. Two CD CoPies To TJ MP NT HIGH COURT DATED:2510912025 ORDER WP.No.21960 of 2022 : --:'-i .ty'{o*:r'' ' ,'a, ,O :: ") .'// \* 'l il J ', "\i!Sn41er \=------ ,r(. ii. '.\ 1<,\ _lt * :1) DISMISSING THE WRIT PETITION WITHOUT COSTS to\'\*