High Court · 2025

Petition under section 1si cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to stay all further proceedings pursuant to the application submitted by the respondent Nos.s to 12 in proforma V through Dharani web portal in respect of non-agriculture land admeasuring Ac.'r.'r3 Gts., in Sy- No.313, situated at Kudakuda vifiage, chivvemla l\rlandal, suryapet District including the impugned notice vide Rc. No. 8.137312025 dated 12.06.2O25 pending disposat of the Writ petition. Counsel for the Petitioners: SRI SUMITH RAJ Counsel for the Respondent Nos.1 to 4: Gp FOR REVENUE Counsel for the Respondent Nos.,i to 12i--- The Court made the following: ORDER HO]IOITRABLE SRI JUSTICE C.V. BHASHAR REI)DY WRIT PETITION No.18767 of2025 ORDEFI This \i ril Petition is hled to declare the e.ctio r of the responrle n1 ios.2 to 4 in cntertaining the applir:ation s -rbmittcd by rcsporrctrrr t Nos.5 to 12 in proforma V thrc,ugh Da -ani web portal irL rcslrect of non-agrioultural land adm,:lasl.rinf Ac.1.13 guntas ;r il,'.No.313 situated at Kudakuda vitlagr:, il-riwemla Maldal, fir-rri apet District for correction of reve nue re c rrds and issuing rrotrr e vide Rc.No,B/373/2025 dated 12 C6.2O2 i despite penden :r' r l the Revisicn Case No.F2/ 1783 / )021) l>t fore the Special I'r i ,.unal, Suryapet District as :1legal, without jurisdicii, rrr ronest in law and violative of p rovision; of the Telangarr:: llLu Bharati (Record of Rights in .,anrl) ,\:t, 2024 and the nrlt,r, made thereunder apart from violar ive rf r\ ticle 14, 2 I and llc)l. A of the Constitution of India and pr. ryed for appropr iz r-c rr 1iels.

2. It i:, lii .rted that the petitioners are the ,lbsc lute or^mers and po;s,::s,s ;rs of agricultural lald to arr e>:tenl of Ac. 1.13 guntas r:-r !.'.No.313 along with other landr; ir Sl. .No. 129 admeas;r:r:,1 Ac.4.3O guntas situated at Ku dal<ud.r village, ChiwerrLL:: '4: ndal, Suryapet District. It is furt:her czLs e of the ) CVBR, J wp_18767_2025 petitioners that origina_lly one padidala Kashaiah was the pattadar and possessor of agricultural land admeasuring Ac. 1.13 guntas in Sy.No.313 arrd after his demise, his wife Smt. Padidaia Tirupatamma succeeded to the said property and subsequently alienated the same to one Adindla Hanumaiah in the year 1961 through an.unregistered sale deed. Smt. Padidala Tirupatamma passed away leaving behind her three daughters viz., Deshapangu Venkamma, Mamidi Maramma and Daida Kashamma, whq,. got mutated the narne of one Deshapangu Bixam , (grandson of late Smt. padidala Tirupatamma) under fouthi succession with the consent of remaining two daughters vide proceedings No.G/ 1 322l2OOg, dated 1O.0:1.2008 in respect of land to an cxtent of Ac. 1.13 guntas in Sy.No.3l3 along with other lands in Sy.No. 129 admeasurirrg Ac.4.30 guntas situated at Kudakuda village, Chivvemla \,landal, Suryapet District. In order to perlect their title anci in the absence of any alternative to obtain patra, onc Adindia Karunakar (father of petitioner No.4) and Adindia Ashok purchased the land admeasuring Ac. 1.13 guntas in Sy.No.313 by paying sale consideration to the said Deshapangu Bixam vide registered sa-[e deed bearing document No.29ZS /2OO8 dated 15.04.2008. Thereafter, their names got mutated in revcnuc CVBR, J \rp_l i767 _2025 records ,.irli proceedings No.G/4664/2OO8 d:rted 2l). )7.2OOa. The pt:t !i,-,r r :r Nos. I and 2 acquired a t)ort on of land admeasll-rr 1; Ac.O.17 guntas out of Ac. 1.13 guntas in Sr.No.313 'from Arlird i, Karunakar (father of petitioner Nc.4) and Adindla Ashok rrnc or registered sale deed bea:ing d rcument No.162li, 2(.r()l dated O4.O3.20O9 and similarb' pe:itio 1er No.3 acquire J A:{).13 guntas under registered saie ceed bearing docume rrl I' t ' 1627 /2OO9, dated 04.03.2OO9 ancL tht:rea ter their names r,r-cr ir also got rDtrtated in the revenr.te t.ecc .ds vide proceedirqs; No.B/Q23O/2015 dated 18,03.20(1,; and B / 829 / t'...) 1 ,' rlated 09.11.2Ot7 respectively.

3. It is rrrther case of the petitioners that tl-.e p:titioner Nos.l t,r 4 ,r ong with the said late Adindla Suguna Kumar alienate I itr I ii share of land along with other extr:nt rf lands owned L1'thr11 in Sy.No.313 to one Vontikomml r Venka Reddy, ,.,\,n : rnma and Mandadi Upender und,:r diffcr tnt sale Gungati deeds. (.)r the application submitted by llte sub sequent purchas:ts, rlre Revenue Divisional Ofhcer, Su-yapet a:corded permissio:: {r. t conversion of the land into non tgrit;ultr Lral use under t1-.c provisions of Telangana Agricultural Land (Conversic,n i rr Non Agriculturai purposes) Act, 2OC6. lut the 4 \. CVBR, J w_18767_2025 .1 respondent Nos.5 to 12 fiLed an appeal under Section 5 (5) read with Section 5-B of the Telangana Rights in Land ancl pattadar Pass Books Act, 7971 before the Revenue Divisional Officer, Suryapet, who in turn set aside the mutations proceedings acccrded in favour of the petitioners in File No.B/6855/2017 as well as the mutation proceedings issued in favour of the predecessors irr title of the petitioners in File No.G/1322/2OO8. Aggrieved by the orders dated 30.05.2020 in ROR Appeal No.D2 /23a1 12019, the petitioners have preferred a revision under Section 9 of th| Telangana Rights in Land and pattadar Pass Books Act, 1971 vicie F2/ 1783 /2O2O before the respondent No.2 i.e., the District Collector, Suryapet District. Pending adjudicaticn cf the revision, as per the provisions of Telangarta Rights in Land ar-rd Pattadar Pass Bcoks Act, 1971 replaced by Telangana Rights in Land and Pattadar Pass Books Act, 2O2O {Act No. 9 of 2O2Ol, the appcals or revisions are translerred to Special Tribunal considcring the G.O. Ms. No.4, datecl

29.10.2O2O. While the matter stood thus, the respondent No.3 issuecl the impugned notice vide RC No.B/373 12025, daLed

12.06.2025 based on the application submitted by respondent Nos.5 to 12 ard the said notice discloses that a Writ Peiition vide W.P.No.3gg77 /2021. was filed, rvherein the petitioners / ./ / 5 CVBR, J v,p_l:i767 _2025 herein r,.'r, :rrayed as party respondents. Tht, ab:vr: ;ard writ petition, ',rl I I h r,,,as filed for implementation o{ the orc er dated 30 05.20.)C rassed in ROR Appeai No.D/2341 l20 dispose: o 1t lhe admission stage on 04 .(;.f .2)2 L issuing n,:)t:: ( to the petitioners. It is iurther s,aterl te [9, was without rt in. the said r,,,rir pr'' ition, the respondent Nos.S to 12 suppre rsed the fact that t.h ' ';ubject land had already been cor r.erted i lto non- agricult:r-al -se. lt is further stated that the rmpugnr d notice was iss -1,:d r',ithout authOrity or jurisdiction. tt is st.a ted that respondort ll)s.2 to { have entertaintid the application respondr:rt \,rs.5 to 12 in proforma V through l.he lha: filed by ani web portal in i,iolr tion of the provisions of the Telangana F ights in Land ar,,-r F',rttadar Passbooks Act,2O2O. In prrrsuanc e to the issuanc,: r' impugned notice, the petitioner No.li s;r bmitted objectionsr t( ! he respondent Nos.2 to 4 on 20.O5.2O2a;. th is Wri ''eti on. Hence,

4. Cor sirl : red the submissions of the learneci couns;e I for the parties arLct 'r,ith their consent, this writ pt:tition disposec. r:,f i: the admission stage. TS being It js vr.lt:mently contended by the learned counse for the

5. petitione rr. lrat the land admeasuring Ac. 1.13 lpntas - b" 6 CVBR, J w 18767_2025 \ converted to non agricultural use by the respondent No.3 vide proceedings Nos.CllTZ6/2OI9 dated 13.11.2019, C/2199/2019 dated 13.O1.2O21 , C/42 /2020 dated 24.O3.2O2O arrd 21O032597 daLecl 2O.O1.2O21, hou,ever, the respondent No.3 disregarding his own NALA conversion orders, entertained and adjudicated an appeal rurder ROR Act, lg7l and passed orders in ROR Appeal No.D/2341/2019, dated 30.05.2020 even though the lands were divested from applicability of the provisions of thc ROR Act, lg7 l by the very dehnition of the land as defined thereiq. It is further submitted that ROR Act is applicable only in respect of agricultural land and the provisions of the Act worrld not be apolicable to non agricultural lands, therefore, cntertaitling application in terms of the orders passed by the RDO vide Appeal No.Dl23atl2O19, datecl 3O.OS.2O2O and that too pending adjudication of the said case before the revisional authority is iilegal and contrar5r to the provisions of the ROR Act.

6. The challenge in the present writ petition is to the irnpugned notice issued by Tahsildar vide RC No.B/32312025, dated 12.05.2025 acting on the applications submitted by the respondents. The respondents in this Writ petition filed 7 CVBR, J wp _18767_2025 appli.ati{, r seeking mutation of their nalrr.s in t ie revenue recor(l.i i r r the orders passed by the Revenu,: D:visi, rnal Ofltcer under Se, tion 5 (5) of the ROR Act. The cas.e of the petitioners is thrrt si- r:e the lands are cease d to be non agr.cull ural lands, the p rr-,r,t s ons of ROR Act are not applicablc ir tht opinion of this (lcur t [hese issues are lo be adjudicated by la1-r;ildar while enlertzurLirlq appeal. The Tahsildar has right.iy' issr-rr d notice to the petil oners calling for explanationsT objr:ctrc ns to be subnLL, te 1 br implementation of the names of th c le spondents. The 1>etir io -rers are,at liberty to raise all tl'rr,) gr,)ul1( [s that are raise,l LrL l:ris rvrit petition before the Tahs:ldar inr luding the grounci , r' jurisdiction for mutation of the nan es of the respc r.trlc r t s aftcr the land being ceased to l.,e non z gricultural land . [t ; a]so well settled in various pronc,un(:enr( nts of this Cour- thir ROR Act is applicable to .agricullr:ral la:Ld and the said 1;r,.rr r,rons are not applicable to non agrir.ultrrral .ands. 7 . In , eu' of the above facts and circumst;rnces and consi:|,:'ri r: the provisions of the ROR A<:r, as w ell as the applir:z bi L -,, of the provisions of the said ,\ct to t re subject lands, wlr ch are non agricultural lands, th: rcspor$grts are directe:l ( pass reasoned order by .or$.i"e the objections 8 CVB& J wp_18767 2025 submitted by thc petitioners on 20.O€).2025 and communicate the sarne to the petitioners. 8 lVith thc abc,.;: :bser,raticns, this Writ petition is disposcd There shall be no order as to costs. As a sequel, thc rnisccllaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/. A. SRINIVASA REDDY S TANT REGISTRAR SECTION OFFICER To,

1. The Principal Secretary, Revenue Department, State of Telangana, Hyderabad. Se tariat Buildings, The

2. The District Collector, Suryapet District. 3. The Revenue Divisional Officer, Suryapet District. 4. The Tahsitdar, Chiwemla Mandal, Suryapet District_ 5. One CC to Sri Sumith Raj, Advocate tOpUCI 6. Two CCs to GP for Revenue, High Court for the State of Telangana, at 7. Two CD Copies Hyderabad [OUT] TJ GJP M HIGH CISUFIT CC TODAY DATED:02 itl7l202S ORDER WP.No.1li7tiV of 20?s :", \ J_ ,j: P ,iiil ?0[ il 1 l 1' ,r'. .:. ) I t. .._ t,-t DISPOSING OF THE WRIT PETITION WITHOUT COSTS t"';r i