Syed Shafiuddin v. amount under Rythu Bandu Scheme

Petition under Section '1 5'1 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 respondents consider the application filed by 1t e Petitioner Dt. 18.O4.2019 in respect of land in Sy.No.29712 admeasuring ac i -02 Gts. situated at Maredugonda(V), Peddapalli Mandal and District pending final disposal of main Writ Petition Counsel for the Petitioner: SRl. N. ASHOK KUMAR Gounsel for the Respondents: SRIH. RAKESH KUMAR, AGP l: )R REVENUE REPGP FOII REVENUE W.P. NO: 20150 OF 2020 Between: Syed Abdul Khader, S/o.Late Syed Occ.Agriculture Rl/o. Challur(V), District(Ka rim naga r District). Moin Uddin, Veenavankz ( Ag vl), ed.75 Years, Peddapalli ...PETITIONER AND

1. The State of Telangana Rep by Prl Secretary, Rev: rue Departmant. Secretariat Building, Hyderabad.

2. The District Collector, Peddapalli District. 3. The Tahsildar, Peddapalli(M), Peddapalli District(Karimnag:r District) 4. The District Revenue Officer, Peddapalli District. . RES'ONDENTS Petition under Article 226 of the Constitution of lndia pr tying that in the circumstances stated in the affidavit filed therewith, the Higll Court may be pleased to issue order or direction more particularly one of the rature of Writ of lvlandamus directing the Respondents to record the proper e rtent of land in Sy.Nos.29211 , 29311, 29811, 29812, 305 and 29713 situated at I laredugonda(V), Peddapalli [Vlandal & District in the petitioners name and conse( uently direct the Respondents to issue new pass books lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circ r nstances stated in the affidavit filed in support of the petition, the High Court n r y be pleased to direct the Respondents to consider the petitioners representati. t Dt.1810412019 for recording the petitioners name against the extent ar d Sy.Nos. i.e. II Sy.Nos.292l1 ,29311,29811 ,29812,305 and 29713 situated at [\ilaredugonda(V), Peddapalli fi/andal and District pending final disposal of main Writ Petition Counsel for the Petitioner: SRI N. ASHOK KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER I I THE HONOURABLE SRI JUSTICE E.V. VEI,I UGOPAL WRIT PETITION Nos. 20135 and 2015O cf 2O2O COMMON ORDE R: Since the rsslre in'olved in both these Writ pr: itions is one and the same, tl-rey are being heard together and ci;posed of by way of a commorr order. 2. writ Petition No.20 r35 of 2o2o is rrled under r rticre 226 of Constitution of Indiir seeking the following relief/s:_ "... issuc order or direction more particularly one in thr o[ Writ o[ Mrrndamtrs cleclaring the inaction of Respor c not issuins Neu. Pattcdar pass Books and also ihe under Rvthrr Bandhu scheme to the petitioner in rt: land ir.r S,v.No.297 12, admeasuring Ac.5_02 Gts., sit..r Maredugonda (t/), pcddapalli Mandal & District a: arbitran and consequently direct the Respondents L nen.pass books ancl amount under Rlthu B-andu Sch,, pass an] [urther orcler or order -.." natu re ents in ccct o[ rted at illegal, re and 3' writ Petitior-r No-20r50 of 2o2o is rrled u.der r' ticre 226 of Constitution ol India seeking the following relief/s:_ "... to issuc ordcr or direction more particularly ont cf the nature o[ Writ of Mandamus directing the Responcle rts to rec_ord the proper e.xtent of land in -Sy.Nos.29i / t , . 93 / I , 29811, 30S and 297 l3 situated at Maredugon,l L lrrf . Peddapalli Manda_l & District in my name and consec _rently. direct the Respondents to issue new pass books ald p , *y further orrler or orders . . .', "

4. Heard Mr.N.Ashok Kumar, learned counse . for the petitioner and Mr.H.Rakesh Kumar, learned Assistant Government Pleader for Revenue representrrl learned Government Pleader for Revenue appearing for respondents. .i 2 Perused the record. \ For the sake of convenience, the facts in W.P.No.20135 of 2O2O are discussed as under:-

5. The brief facts of the case are that originally Syed Mohiuddin (f Mohinuddin, the paternal grandfather of Writ Petitioner was the absolute owner and possessor of several agricultural iands in Sy.No.292/1 admeasuring Ac.3-10 Gts., S1'. No.293/ 1 admeasuring Acs.10 30 Gts., Sy.No.297 l2 admeasuring Acs.5-30 Gts., Sy.No.297 l3 admeasuring Acs.2 21 Gts., S-v-.No.298/ 1 admeasuring Acs.2-12 Gts., Sy.No.305 admeasuring Acs. 13-07 Gts., alrd Sy.No.535/2 admeasuring Ac.O 04 rzi Gts., situated at Maredugonda(V), Peddapalli Mandal & District by virtue of inheritalce from his father Syed Abdul KhaCar; that on such inheritance, one Syed Mohiuddin (@ Mohinuddin started cultivating the said lands by raising rnaize, millets, green grarn, red gram etc. from time to time by paying revenue to the authorities; that the Nizam Government had issued Pavuti Bahi in favour of Syed Mohiuddin @ Mohinuddin besides entering his name as pattedar ald possessor. While so, in the year 1970 Syed Mohiuddin @ Mohiuddin died intestate \ / / leaving his sole son S,r'ed Abdul Khader i.:, the father of -) petitioner. Sincc. then thc lather of petitioner u a; cultivating the aforesaid lar-rds till 1985 86. As there was no I -oper livelihood, the father of petitioner got shifted his residenc: to Challur(V), Veena-vanka (M), Karimnagar District which is he place of her parents in-lan's br- leasing out the above said lr tds: that Abdul Khadar u'as in the habit of collecting half of the ;rop share from the lessees for er.,cn' -t ear. Since the enjoyment ,r thc above said lands on the sprrt is intact, he did not get his rLr ,me mutated in the revenue records, that taking advantage of tl.r absence of the father of petitior-rer in the village some intere.; ed persons b,r, influencing the revenue officials, got entered leeir names as pattedars and possessors of the lands; that on 24.03.1977 in order to meet l-l s domestic necessities, Syed Ab lul Khadar got sold a.,r,ay the land admeasuring Acs.3-00 Gts, n Sv.No.293/ 1 and Ac. 1-00 Gts. in Sv.No.292/ 1 to one Nall da Venkataiah S/o.Rayamallu and since then they have bt.r n in ph,vsical possession and enjoyment of the same; that tl e said Nallala Venkataiah got sold an,ay the above said lar r in favour of Penugonda Ra.;a iah through a simple sa-le r eed; that on

31.03.2006 the father of peritioner executed regi:; erecl sa-le deed \ \ 4 in respect of land in Sy No.293/ 1 admeasuring Acs 3-00 gts and Sy .No.292 I 1 admeasuring Ac. 1-00 Gts. through a registered sale deed document bearing No.1534/2006 in the naine of Penugonda Rajaiah; that; the rest of the land in Sy. Nos'293/ 1, 29211, 297 12, 2gBlt, 297 l3 has been in physical possession and enjoyment of the father of Writ Petitioner.

6. It is stated that on 06-06.2011 Abdul Khader frled an application for issuance of virasat proceedings in respect of land in Sy.No.293/ 1 admeasuring Acs.7-30 Gts , Sy'No 292/ I admeasuring Acs.2 10 Gts., Sy.No.297 12 admeasuring Acs 5-02 Gts., 51'.No.298/ 1 admeasuring Acs.2-12 Gts., Sy'No'297/3 admeasuring Acs.2-21 Gts' and Sy.No.305 admeasuring Acs' 13-07 Gts; that the Mandal Revenue Officer' Peddapalli by conducting euquin'' on the spot, through MRI got issued virasat proceedings No.B/543/2011 dated: 10.08'2011 only in respect ol t$,o surve-v numbers i.e., the land in Sy'No'297/3 admeasuring Ac. 1 - I I Gts., out of Acs '2 21 Gts' and Sy.No.292l1 admeasuring Ac.O-26 Gts. out of Acs'2-10 Gts' White so on 28.09.2O1 1, respondent No.3 issued additional virasat proceedings No.B/543/20 11-12 in respect of rest of Iands in S-v.No.293/ I admeasuring Acs.5'00 Gts, out of Ac'7'3O 7 I i f I l ) Gts, S_y.No.297/2 admeasuring Ac 5.02 Gts ind 51,No.29B/l admeasuring Ac.2- 12 Gts; that the father of .l .e r.r,rit petitioner made several complaints before respondent No I for showing the correct extent of land i.e., admeasuring Acs.2.,] ) Gts in place of Acs.7.3O Gts ir.r Sy.No.293/1 and admeasurinp Ac 1.24 Gts in place of Acs.2. l0 Gts in Sy No.292 / 1 . pursrr rrt thereto, the name of the father of the petitioner was recorderl as pattedar and possessor in respect ol thc propertv covere: under virasat proceedings ald to that eflect the pass book arr I title deed rvas issued; that on 20.O7.2OI2, one Abdul Khada_ got settled the land admeasuring Acs.5.O2 Gts in Sv.No.297 /2 i I favour of this second son S.yed Shafiuddin by way of registerec Gift Settiement Deed bearing document No 44gO/2012 datecl 2).O7.2012 and obtained mutarion proceedings No.B/S9Z l2Ot2 r n 16.0g.2011. Whileso, a stranger namell. Siriseti Komuraiah ir _erfered in the possession and enjoyment of the lald cove.r fl under gift settlement deed. Aggrieved thereby, the petitioner l red o.S.No.29 of 2Ol7 before the learned Junior Civil Judge, I :ddapalli and obtain interim in_iunction vicle I.A.No. 1SS/2017 l-t 28.O4.2017 and the sarne rvas extended from time to time. I \ -l 6 It is further stated that the Telangana Government got 7 . formulated a ne$' scheme and started issuing new pass book cum-titledeedforenablingthefarmerstogetsomeamount under Rythu Bandu Scheme' Therefore' the petitioner made an application belore respondent No'3' on 1'2'06 2018 seeking issuance of new pass book-cum-title deed for securing monetary benefit under Rvthu Bandhu Scheme' But in vain' Again on

18.o4.2o|g,thepetitionermadehislastapplicationbefore respondent Nos.3 & 4 lor issuance of new pass book-cum-title' but there \vas no response in proper manner; that the District Collector, Peddapa-lli issued a letter dated O6'05'2O19 directing the Tahsildar, Peddapalli issue new pass book permitting him to enjoy the benefit under the Rythu Bandhu Scheme' Even then' respondent No.4 faited to give proper response' Aggrieved by the same the petitioner f-rled the present Writ Petition' 8. Learned counsel for the petitioner submits that though the District Collector, Peddapalli vide Letter No'Dll722l2Ol9 dated 06.05.2019 directed respondent No'3/Tahsildar' Peddapalli to issue new pass book-cum-title deed in favour of petitiner thereby, permitting him to enjoy the benefit under the \ I 7 R_r'thu Bandhu Scheme, respondent No.4 failed -o give proper response. Therefore, he seeks to pass appropriate, rders.

9. Opposing the same, learned Assistant Gover rment Pleader for Revenue contends that since the subject mattr.r of the iand in ln Sy.No.297 12 is pending before the Civil Coull , thc Dharani Portal existing as on date does not permi the official respondents to act upon the application made b1 _l-re petitioner, due to which there is delay in processing the sa C application He seeks an appropriate direction to the offici I respondents either to consider the application made by the l):titioner or to allow the petitioner to make lresh application be i rc them; that upon filing such an application, the respondents ;hall consider the same and pass appropriate orders, strictlv rt a<;cordance with law

10. Having regard to the submissions of botl the learned counsel and upon considering the material availi.l ,le on record, this Court is inclined to dispose of the Writ petitir r No.20135 of 2O2O by directing the petitioner to file fresh appl carion before respondent No.3 seeking issuance of new patted. r pass book- cum-title deed. Upon filing such al application, res rondent No.3 I I 8 ts directed to consider the same and pass appropriate orders, as per nerv la,"v, within a period of twelve (12) weeks thereon. No costs. \ - I 11 Accordingly, W.p.No.2O1S O of 2O2O is disposed of directing respondent No.2 to consider the representation dated 18.O4.2O19 submitted by the pedtioner therein and pass aPPropriate orders, as per larv, as expeditiously as possible. No costs. Miscellaneous petitions pending, if arry, shall stard closed //TRUE COPY// iBtit+iHiHAS,SfRiI a SECTION OFFICER To, ] i,B !;mfgsecretarY, Revenue Depa.tment, secrerariat Buirdins, iffixfl w$s*+truti?T-ffi #J-.:;:::: Bru ?A PMK \ \ HIGH COURT DATED:21 10812025 COMMON ORDER WP.No.20135 AND 20150 OF 2020 ,,'.\. ,1 .\, \., lt;, 0 4 t;:C 295 i,.:l ',' DISPOSING OF BOTH THE WRIT PE'IITIONS WITHOUT COSTS (e ,--\ t9 [!il-'i- IrI I l i t