High Court · 2025

Judgment

1. The State of.Telangana, Rep by its principal Secretary Revenue Department, Secretariat, Hyderabad 2 3 4 5 The District Collector, Nirmal District, Telangana State The Revenue Divisional Officer, Nirmal Division, Nirmal District, Telangana State The Tahsildar, Nirmal Urbari Mandal, Nirmal Distiict, Telangana State The Sub Registrar, Nirmal, Nirmal District, Telangana State 7 b Mekala Raja Reddy, S/o Narsaiah, Aged about 54 years, Occ: Business R:/o H.No.7-78, Sarangapur Village (Llngapur), Kadam Mandal, Nirmal District Kondari Ramadevi, Wo Muralidhar Rao, Aged about 65 years, Occ. Housewife, Rl/o Plot No.10, Progressiie Colony, Manovikas Nagar, Bowenpally, Hyderabad 8. Samundarpally Raja Lingu @ years, Occ. Business R/o H.N Telangana State gam, Sio Chinnanna, Aged about 60 05124, Bagulawada, Nirmal District, Rajalin o.7-4-1

9. Samundarpally Rajeshwar, S/o Samundarpally Raja Lingu @ Rajalingam Aged about.47 years, Occ. Business Ryo H.ru6.2-+-tOStl+, EaguiaWatr, Nirmal District, Telangana State

10. Samundarpally Srinivas, S/d Samundamally Raia Linqu @ Raialinoam Aoed "aag-utaw'aOa,-trtirma] - - lbout 51 years, Occ- Business R/o H.No.7-4-1OSIZ+, District, Telangana State ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue writ, order or Direction, or any other appropriate order one in the nature of a wRlr oF MANDAMUS, declarihg the action of the official Respondents issuing-the Pattadar passbook vide No.102g'l l, Khata No.11422 in favour of the Respondent No.B for the land in sy. No.'l 370/1 and pattadar Passbook in favour of Respondents No.6 and 7 for the land in Sy.No.13lot ltAt ,l and 137o1'llN2 altogether an extent of Ac.o1-12 gts, situated at Nirmal Urban village and Mandal, Nirmal District, knowing well no land is available with the original owner Pattadar samundarpall Ashamma and the said land is covered with the layout which was prepared in the year '1990 and sold to various persons including Petitione-rs herein and revenue record Form-7 maintained as plots, in spite of that issuing pattadar passbook and maintaining Dharani portal in the name of Respondent No.6 to 8 is illegal, arbitrary and violation of principles of natural ) justice and consequently direct the official Respondents to cancel the Paftadar Passbook vide No.10281 '1 , Khata No.11422 and Dharani portal record' being maintained on the name of Respondents No.6 to 8 for the land in Sy.No.1370/1/tu1 and 1370t1tN2 for an extent of Ac.01-12 gts, situated at Nirmal Urban Village and Mandal, Nirmal District. lA NO: 1 OF 2023 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 Respondent No.S not to entertain any Sale Deed or documents in favour of third parties for the land in Sy.No.1370/ 1/A to an extent of Ac.o1- 12 gts, situated at Nirmal Urban Village and Mandal, Nirmal District, pending disposal of the main Writ Petition !A NO: 2 OF 2023 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 official Respondents to consider the representations dated 22-05-2023 made by the Petitioners and cancel Dharani Portal Records and Pattadar Passbook vide No.102811, Khata No.11422 issued in favour of the Respondent No.B for the land in Sy.No .137011 8v Pattadar Passbook in favour of Respondents No.6 8, 7 for the land in Sy.No.137Ol1lN1 and 13701 1/A'l2 altogether an e)dent of Ac.01-12 gts, situated at Nirmal Urban Village and Mandal, Nirmal District, pending disposal of the main Writ Petition. lA NO: 2 OF 2024 Between: Kondari Ramadevi, W/o Muralidhar Rao, Aged about 65 years, Occ. Housewife, Ri/o Plot No.10, Progressive Colony, Manovikas Nagar, Bowenpally, Hyderabad ...PETITIONER/RESPONDENT NO.7 AND

2. Goli Raja Gopal, S/o Shankaraiah, Aged about 42 years, Occ. Govt. Employee, Rl/o H.No.'l-3-SH0071, Road No.4, Shastri Nagar South, Nirmal District, Telangana State - Q'-

2. B. Shankar, S/o Limbadri Aged about 68 years, Occ. Worker, Fl/o H.No.7-3- 30/17, Kalanagar, Nirmal District, Telangana State

3. Nimmakayala Laxmi Devi, Wo Narasimha Reddy Aged about 42 years, Occ:Housewife, Rl/o H.No.1-2-21, Natraj Nagar, Nirmal District, Telangana State

4. Arshia Shaheen, Occ. Housewife, Telangana State W/o Azeemuddin Ahmed Aged about 47 years, R/o H.No.7-2-9813, Nageshwarawada, Nirmal District,

5. Nimmqkayala Laxmi Devi, Wio Nagarjurii, Aged about 39 years, Occ: Housewife, Rl/o H.No.1-2-21 , Natraj Nagar, Nirmal District, Telangana State

6. Ayesha Sultana, W/o Mohd lbrahim khan Aged about 52 years , Occ. Housewife, Rl/o H.No.7-3-2917A, Zohra Nagar Colony, Nirmal District, Telangana State

7. B. Vasanth Rao, S/o Baburao, Aged about 57 years, Occ. Govt. Employee R/o H.No.2-7-78, Kalvagadda, Nirmal District, Telangana State B. Qabbal! Murali, S/o Muthyam Aged about 51 years, Occ. Agricutture R/o H.No.4-52A, Dilawarpur Village and Mandal, Nirmal District, Telangana State

9. M. Laxmi Devi, W/o Rajamallu Aged about 72 yea.s, Occ, Housewife Rl/o H.No.2-47, New Lolam, Dilawarpur Mandal, Nirmal District, Telangana State

10. Racharla Narsaiah, Sio Narsaiah, Aged about 62 years, Occ. Retd. Employee, Rl/o H.No.7-3-30i1 , Kalanagar, Nirmal District, Telangana State 1'1 .G. Chandrasekhar Varma, S/o late Laxmi Narsaiah, Aged about 58 years, Occ. Govt. Employee R/o H.No.7-3-30/6, Kalanagar, Nirmal District, Telangana State

12.G. Narayana, S/o late Laxmi Narsaiah, Aged about 52 years, Occ. Govt. Employee R/o H.No.7-3-30/6, Kalanagar, Nirmal District, Telangana State ...PET]TIONERS/RESPONDENTS '13. The State of Telangana, Rep by its Principal Secretary Revenue Department, Secretariat, Hyderabad

14.The District Collector, Nirmal District, Telangana State

15. The Revenue Divisional Offr'cer, Nirmal Division, Nirmal District, Telangana State

16.The Tahsildar, Nirmal Urban Mandal, Nirmal District, Telangana State

17.The Sub Registrar, Nirmal, Nirmal District, Telangana State

18.Mekala Raja Reddy, S/o Narsaiah, Aged about 54 years, Occ: Business Rl/o H.No.7-78, Sarangapur Village (Lingapur), Kadam Mandal, Nirmal District

19. Samundarpally Raja Lingu @ Rajalingam, S/o Chinnpnna, Aged about 60 years, Occ. Business F/o H.No.7-4-105124, Bagulawada, Nirmal District, Telangana State

20. Samundarpally Rajeshwar, S/o Samundarpally Raja Lingu @ Rajalingam Aged about 47 years, Occ. Business R/o H.No.7-4-105124, Baguiawata, Nirmal District, Telangana State 21 . Samundarpally Srinivas, S/o Samundarpally Raja Lin about 51 years, Occ. Business Ri/o H.No.7-4-105i24, District, Telangana State gu @ Rajalingam Aged Bagulawada, Nirmal ...RESPONDENTS 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 vacate the interim order passed in l.A.No.1 of 2023 in WP No.20492 of 2023 Dl:

10.o8.2023. Counsel for the Petitioners: SRI M. A. K. MUKHEED Counsel forthe Respondent Nos.l to 5: GP FOR REVENUE Counsel for the Respondent Nos.6 to 10:--- The Court made the following: ORDER THE HON'BLE SRI JUSTI CE C.V.BHASKAR REDDY WRIT PETITION No2O492 of 2o23 ORDER: This writ petition is frled seeking following relief: "For the reasons stated in the accompanying afndavit, it is prayed that this Hontle Court may be pleased to issue Writ, Order or Direction, or any other appropriate Order one in the nature of a WRIT OF MANDAMUS, declaring the action of the ofhcial Respondents issuing the Pattadar passbook vide No. 102811. Khata No. 11422 in favour of the Respondent No.8 for the land in Sy. No. 1370/ I & Pattadar Passbook in favour of Respondents No.6 & 7 for the land in Sy.No.1370/l/A/1 & l3TOlllA/2 altogether arr extent of Ac_01-12 gts, situated at Nirmal Urban Village and Mandal, Nirmal District, knowing well no land is availabte with the original owner Pattad.ar Samundarpall Ashamma and the said la:rd is covered with the layout which was prepared in the year 1990 arrd sold to various persons including Petitioners herein and revenue record Form-7 maintained as Plots, in spite of that issuing pattadar passbook and maintaining Dharani portal in the name of Respondent No.6 to 8 is illegal, arbitraqr and violation of prilciples of natural justice and consequently direct the oflrcial Respondents to cancel the Pattadar passbook vide No. IO2BLL, Khata No.11422 and Dharani portal record being maintained on the name of Respondents No.6 to 8 for the land in Sy.No.137O/l /AlL & t3ZO/t/A/2 for an extent o[ Ac.Ol-l2 gts, situated at Nirmal Urban Village al:d Mandal, Nirmal District, and pass such other order or orders ttris Honble Court deems fit and proper in ttre circumstances of the case."

2. It is stated that the petitioners are absolute owners and possessors of various extents of land in Survey Nos.1370, l37O/1, l3ZO/2, l37O/3, situated at Ni-rmal Urban, Nirmal Mandal and District, having acquired the same through various registered sale. deeds. It is further stated that sometpiece of land was wrongly shoqrn in the revenue records in the name of Samundarpally Ashamma, D/o. Bhuchanna, one of the 2 cwR,J W.P.No.2O492 of 2O23 pattadar and in spite of that, she sold the entire property and takirg advantage of'the wrong entries in the revenue records, 8th respondent manipulated the revenue records and obtained a succession in the year 2Ol2 and also taken pattadar passbook ald executed a sale deed in favour of respondent Nos.6 and 7 uide docurnent No.26O8 of 2O19 dated

06.05.2019 and their nEunes were also entered in the Dharani Portal. It is further stated that the entire land of Acs. 5.O8 guntas was made into plots in the year 1990 and all the prospective purchasers are in peaceful possession and enjoyment of the same ald there is no piebe of land available for any pattada-r or any other third parties.

3. Learned counsel for the petitioners vehemently contended that once the lands have been converted from agricultural use to non-agricultural purpose, the respondent authorities are not having any power or authority to entertain any application for granting of pattadar passbook as the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short, 'the ROR Act, 1971J would not apply to the lands other than the agricultural lands. It is further contended that since both the partie-s are claiming rights over the lalds in Survey No. 1317 and its sub-division numbers and the petitioners are stated to have purchased the said land after conversion of the same from agricultural use to non- agricultural purirose. .f CVBR, J W.P.No.2O492 of 2023

4. Learned counsel for respondent Nos.6 ar,d 7 vehemently contended tha[ land claimed by the petitioners in Survey No.13l7 and its sub-division numbers and the land in possession of respondent Nos.6 ald 7 is totally different and distinct and respondent 6 and 7 are in possession and cultivating the agricultural land and they are entitled for issualce of the pattadar passbooks as per the provisions of the ROR Act, 1971 and there is no illegality or lega-l infirmities warranting interference of this Court under Article 226 of the Constitution of India for cancellation of the pattadar passbooks of respondent Nos.6 and 7. It is further contended that they are in possession of the land and their land is not converted from agricultural use to non-agricultural purpose ald the petitioners are claiming land in some other survey numbers and are making efforts to interfere with their possession.

5. Considered the submissions of the learned counsel for the respective parties and perused the record.

6. The above said issues are required to be examined by the revenue authorities after conducting survey of the land in Survey No.1370 and its sub-division numbers and in the survey, if it is found that the land is seized to be an agricultural land, respondent authorities are not having any power or authorit5r to issue pattadar passbooks in favour of respondent Nos.6 and 7 and if the said land is not converted arrd still it is not seized to 4 CVBR, J W.P.NI.2O492 of 2023 be an agricultural land, respondent Nos.6 and 7 are entitled for issuance of the pattadar passbooks in accordance with the provisions of the ROR Act, t97 t.

7. In view of serious disputes between the parties, the ends of i l I jristice would be met if the petitioners are permitted to make an appropriate application on the lile of the 2'd respondent-District Collector, Nirmal District and in the event of such an application being submitted by the petitioners, the 2"d respondent is directed to call for the fresh report from the 4th respondent-Tahsildar and after giving an opportunity of hearing to the petitioners and respondent Nos.6 to 10, the 2'd respondent shall decide the nature of the land and its classification and entitlement of the claim of the petitioners that the subject land has been seized to be an agricultura.l land and if the subject Iand is not seized be to an agricultural land, respondent Nos.6 and 7 are entitled for issuance of the pattadar passbooks in accordance with the provisions of the ROR Act, 1971. It is needless to observe that the 4ft respondent-Tahsildar, who is entrusted to conduct an enquiry, shall issue notice to the petitioners and respondent Nos.6 to 10 and also take into consideration the earlier report being submitted by him and also the pattadar passbooks and title deeds issued in favour of the petitioners and submit a report to the 2"d respondent-District Collector to enable him to take appropriate action within a period of three (O3) months from the date of filing of such an application. 5 CWR,J W.P.No.2O492 of.2O23 8 Wilh the above observations, the Writ petition is disposed of. There shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed To, //TRUE COPYII L. LAKSHMI BABU PUTY REGISTRAR sD/- T SECTION OFFICER -\- '1 . The Principal Secretary Revenue Department, Se Telangana, Hyderabad riat, The State of

2. The District Collector, Nirmal District, Telangana State 3. The Revenue Divisional Officer, Nirmal Division, Nirmal District, Telangana State

4. The Tahsildar, Nirmal Urban Mandal, Nirmal District, Telangana State 5. The Sub Registrar, Nirmal, Nirmal District, Telangana State 6. One CC to Sri M. A. K. Mukheed Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT]

8. Two CD Copies TJ BS HIGH COURT DATED:1910312025 ) { L/ ORDER WP.No.20492 oI 2023 1 nE S14at. (.,)^. 3o e o 2 i Rir 2g2r I Dss^ a' CH i o DISPOSING OF THE WRIT PETITION WITHOUT COSTS Y u