High Court · 2025
Case Details
Petition under Article 226 oI 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 declaring the proceedings of the 4th respondent in Memo No. B.150612018 Dated 1110912018 is illegal arbitrary contrary to the provisions of the Telangana State Rights in Land and Pattadar Pass Book Act 1971 Act I ol 202O and as well as the fundamental rights guaranteed under the Constitution of lndia set aside the same consequently direct the respondents to mutate the names of the petitioner in Sy Nos. 64, 65, 66, 83, 84, 333, 334, 335, 342, 343, 344, 345,346 an extent of Ac. 25.28 guntas situated at Hazipur Village, Bommalaramaram Mandal, Yadadri Bhuvanagiri District ( Nalgonda ) each 1/Sth share and to issue E pattadar pass book in favour of the petitioners. lA NO: 1 OF 2022 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 Sth respondent not to create 3rd party interest the land in Sy No. 64,65, 66, 83, 84, 333, 334, 335, 342, 343,344, 345,346 an extent of Ac. 25.28 guntas situated at Hazipur Village, Bommalaramaram Mandal, Yadadri Bhuvanagiri District ( Nalgonda ) each 1/5th share and to issue E Pattadar pass book in favour of the petitioners by suspending the Memo No. 8/506/2018 Dated 1110912018 forthwith pending disposal of the above writ petition. lA NO: 1 OF 2025 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 extend the interim order passed in.WP No. 23414 of 2022 by order dated 09.06.2022 in the interest of justice. Counsel for the Petitioners: SRI AMBEDKAR DUNNA Counsel for the Respondent Nos.'l TO 4: GP FOR REVENUE Counsel forthe Respondent No.S: -- The Court made the following: ORDER HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITI ON No.23414 OF 2022 ORDER: This writ petition is fi]ed by the petitioners seeking the following relief: "...to issue an appropnate wit, order or direction more particalarty one in the nature of Wnt of Mandamus declaing tht proceedings of the 4k ritpondent in Memo No. 8t5062018 Dated 1-7-09-2018 is illegal" ariitrary contrary to the proaisions of the Telangana State Righs in Land and pattaiw pass Eook Act 7971 Act 9 of 2020 and as well as the fundamental ights guaranteed under the Constitution of lnilia set aside the same consequently a"iit ttrc respondents to mutate the names of tfu petitioner in Sy. Nos. 6,4 6i, G6, 53, g4, 3j3, 334, 3:.S, 342, 343, 344, 345, 346 an extent of Ac. 25.28 guntas situated at Hazipur Village, Bommalaramaram Mandat, yadadi Bhuoinagii Distict Q{algonda) e:ch lfrth.share and to issue E pattadar pass book in faaiur of the peltionirs and to pass. -."
2. It is.stated that the petitioners are the owners and possessors of the land admeasuring Acs.25-28 g.untas in Survey Nos. 6,4 GS, 66, g3, U, 333, 334, 335, 342, 343, 3M, 345 and. 346, situated at Hazipur Village, Bommalaramaram Mandal, yadadri-Bhuvanagiri District (Nalgonda). It is stated that the subject land being an ancestral property, instead of mutating the names of the petitioners who are co-sharers of the subject property, fauthi izafa was sanctioned in the name of respondent No.5 in respect of the entire extent of the land. Therefore, the petitioners are entitled for share as hissadars in the subject land. 2
3. Learned counsel for respondent No.5 vehemently contended that as per the provisions of the Terangana Land Revenue Act, 7372 F, the name of elder member of the family would be recorded as pattedar artd the names of the other co_sharers would be recorded as hissadars in the revenue records.
4. Learned counsel for the petitioners stated that if there is any dispute among the pattedars and hissadars, the aggrieved parties have to approach competent civil Court and basing on the decree being granted by thc civil Court allottmg respective shares to the co_sharers of the propert_y, entries can be altered in the revenue records and consequently pattadar pass books can be issued in accordance with Iaw' It is further stated that disputing the entries in the Dharani portal and claiming rights over the subject land, the petitioners instituted a suit before the civil Court.
5. In view of the institution of the civil suit by the petitioners claiming rights over the subject Iand as co-sharers, this Court deems it appropriate to dispose of this writ petition directing the parties to file appropriate application before the respondent authorities for mutating their names in the revenue records and consequent issuance of pattadar pass books after obtaining decree and anotment of their 3 respective shares in respect of the subject land from the civil Court. In the event of such application being submitted by the petitioners, the respondent authorities are directed to consider the same and pass appropriate orders, by giving opportunity of hearing to all the interested/ affected parties, in accordance with law. 6 With the above observations, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pendin in this writ petition stand closed. //TRUE COPY// ASSISTANT SD/.MOHD SMAIL STRAR SECTION OFFICER Vo 1 . The Principal Secretary. Revenue Department, Secretariat Buildings, - Hyderabad, State of Telangana. 2. The District Collector, Yad,dri Bhuvanaqiri District. ( Naloonda ) 3. The Revenue Divisional Officer, Bhongir- Revenue'Division, yiciad ri _ Bhuvanagir District, ( Nalgonda ) . 4. The Tahsildar, Bommalarbmaram Mandal, Bommalaramaram, yadadri _ Bhuvanagir_D strict, ( Nalgonda ) . 5. One CC to SRt AMBEDT(AR DUNNA, Advocate tOpUCI 6. Two CCs to GP FOR REVENUE, High Court for itre State of Telangana, at 7. Two CD Copies Hyderabad. [OUfl PSK- ^o'w HIGH COURT DATED:0510212025 ORDER WP.No.23414 of 2022 / q ) o 6E aTl l 1 +o 2 t rEB 2025 t aEsr^Tc.u g() ?I A .i' +\{- DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,{ 0 €