The High Court · 2025
Case Details
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 pteased to issue a writ, orders or directions, preferably in the nature of writ of Mandamus, declaring the action of the respondents in not issuing the pattadar book and title deeds to the petitioner in respect of land in Sy.No.262 Acs.0-3'l guntas of Boduppal village, Ghatkesar Mandal, Ranga Reddy District as illegal, irregular and principles of natural justice and consequently direct the respondents to issue the pattadar book and title deeds to the petitioner in respect of land in Sy.No. 262 Acs. 0-31 guntas of Boduppal village, Ghatkesar Mandal, Ranga Reddy District pending disposal of the main Writ petition l.A. NO: 1 OF 2011 (WPMP. NO: 35019 OF 2011 Petition under Section 151 CPC praying that in the t ircumstances stated in the affidavit filed in support of the petition, the High Cotrr i may be pleased to direct the respondents to issue the pattadar book and title c t eds to the petitioner in respect of land in Sy.No. 262 Acs. 0-3'1 guntas of Bodup I rl village, Ghatkesar Mandal, Ranga Reddy District pending disposal of the main \ '/rit petition Counsel for the Petitioner: SRl. CH. VENKAT RAMAN Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.28359 of 2OLL ORDER: Heard Sn Ch.Venkat Raman, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for the respondents and perused the rnaterial available on record.
2. Learned counsel for the. petitioner submits that the petitioner filed the u/rit petition seeking to declare the action of the respondents in not issuing pattadar pass books and titie deed in favour of the petitioner '"r.ith respect to the land in Sy.No.262, admeasuring Ac.0.31 guntas of Boduppal Viiiage, Ghatkesar Mandal, Ranga Reddl District as illegal ar-id arbitrary.
3. Learned counsel for the petitioner further submits that the petitioner is a landless poor ald in view of the same, respondent No.3 has allotted land to an extent of Ac.0.31 guntas in Sy.No.262, admeasuring Ac.0.3 1 glrntas ol Bocluppal Village, Ghatkesar Mandai, Ranga Reddy District uide proceedings No.86/ 6023 / Al84 d,ated 09.03.1984. Thereafter, the possession u,as given to the petitioner asron the date of granting of D-Form patta and the petitioner became t- \/ / 2 as absolute owner and possessor ol the said land rr ld used to raise r,,,et-crops b.v paying land revenue to the Governmert r-cgularly'
4. Learned t:outrsel for the pelitioner furtl-rcr r; lbrnits thzrt the petitioner made a representation to respondent No i' for issuance of pattadar passbooks and title deeds. In vieu' c i thc same, the respondent No.3 sent a report to the respondent I' o.1 stating that the petitioner rs occupying the land peacefulll' anrl tro disputes are pending or any irregularities against assignm<'t t of the lancl' Subsequently, the Mandal Revenue Ofltcer tt'rotc a letter datcd 28.12.2OO1 to respondent No l uide Letter fo'D 1984 I 1996' Thereafter, the respondent No.3 again rvrote a let ' r to respondent No.1 dated 15.03.2003 uid,e LetLer No.Dl /2795 1:003 lor further clarification whether the said land is acquirecl I i anv statutory bodies under Land Acquisition Act, 1984. In spite I I makrr-rg several representations b1' the petitioner, the respondent; dicl not issue pattadar pass books and title deeds and aggrieved ry the same, the petitioner frled the present writ Petition request I rg to direct the respondents to issue pattadar pass books arrd t i le deeds to Lhe petitioner in respect of the subject 1and. \ 3
5. On the other hand, learned Assistant Government Pleader for Revenue, basing on the counter filed by respondent No.3, submits that the land in Sy.No.262 admeasuring Ac.72.O5 guntas is recorded as "Gairan Sarkari". The status of the total land is recorded as R.R.Labs for an extent of Ac.30.00 guntas, Cheruvu Alugu for and extent of Ac. 1.O0 guntas, Weaker Section Houses (Indiranagar Colony) for an extent of Ac.39.17 guntas and Ac.1.28 guntas was recorded as vacant land. The Village Boduppal falls under total prohibition area for Agriculture Assignment as per G.O.Ms.No. 1409, Rev(Q) Department, dated 19.08.1978. Hence, the question of assignment of land in favour of the petitioner does not arise. Further, the petitioner has produced a copy of Form B Patta bearing No.Bl6/6023 lA/84 dated 09.03.1984 issued by the then Tahsildar, Hayathnagar Taluk, rvherein it is mentioned that the land admeasuring Ac.O.31 guntas in Sy.No.262 of Boduppal Village in the name of one V. Ramulu, S/o. Vadde Baiaiah. The said patta certificate file is not available and more over the said patta was not implemented in the revenue records i.e., Faisal Patti, Pahani etc., and no Supplementary Sethwar was issued. Therefore, the 4 assignment has not taken to its logical end, helr:, the questior-r of issuing pattadal nass books does not arise
6. Learrred Assistant Government Pleader for Revenue further denied the contention of the petitioner is that rlL petitioner is thc owner and possessor of the land in Sy.No.262 ro .:t exrent of Ac.0.31 guntas situated at Boduppal Village, Ghatkesir M ar-rdal, Ranga Reddy District. He further submitted that anl r trrespondence b_v the revenue authorities in favour of the petitioner- i, r-rot the cligil:ilit1. for assignment in prohibited Government Land. 'herr:fore. learned Assistant (iovcrnment Pleader requested to dismi:; the Writ petition on devoid of merits.
7. After heerring both sides ald on a perusal i f the ruaterial on record, this Court is of the considered vieu, th:: I the pe titioner is seeking a direction to the respondents for issuani., of l)attadar pass books and title deeds to the petitioner in respect (,1 the. subject [and. which was erllotted by respondent No.3 on C9.(13.1984 uid_e proceedings No.B6 /6023 /A/84 and subsequer r to u,hich, the petitioner made representation for issuance of pat _adar pass books \.a,d title deeds in his favour before the revenue a, horities. In view of the same, the then Mandal Revenue Officer \\ . )te a letter clated 5 2B.l2.2OOl and thereafter, the respondent No.3 wrote a letter to respondent No.1 dated 15.03.2O03 uide Letter No.D1/2795 l2OO3 for further clanhcation whether the saicl land is acquired by any statutory bodies under Land Acquisition Act. As per the letter addressed by the collector, Ranga Reddy District, vide proceedings No.8.984/96 dated 28.I2.2OO 1, it is eviclent that Sri T.Sathaiah Chary and brothers and one V. Ramuiu, arc in possession of the Iand to an extent of Ac.l.22 situated at Boduppal Village. There is a Weaker Section Housing Colony existing in the above said survey number and there are no cases pending for cancellation of assignment in the said land and there are no Cor.gt cases pending over l.he subject land. Ho.,r'ever, there is r-ro mention about the patta certihcate which is issued in favour of the pe titioner. In vie'"r, of the same, the then Tahsiidar addressed a letter to the collector, Ranga Reddy District in proceedings No.B/008/2008 dated 08.01.2008, wherein it is mentioned that the petitioner macle a representation for grant of mutation and to issue pattadar pass books and title deeds in his favour in Sy.No.262 to a extent of Ac.0.31 guntas, situated at Boduppal Village or not, but so far no order has been received in the matter. The abovesaid proceedings clearly show that the possession t 6 has been taken but the pattadar pass books and 1i j issuecl in favour of the petitioner. The questron , favour of the petitioner cloes not arise because the to have produced a copy of B Form No.B/6/6023/Al8.t dated 09.03.1984 before the Ta it is mentioned that to an extent of Ac.l.22 situate,l Boduppal Village is recorded in the name of one \,. Balaiah. Moreover, the petitioner did not file anr. regard to Form B patta in favour of him before thr; there is no record available with regard to the cop1- bearing No.B/616023/ Al84 d.ated, 09.03.1984 p- petitioner, r,r.'hich ra.as issued by the then Tahsilcl r Taluk. : deeds n ere not 1- assign mcnt in retitioner is said patta bearing -tsildar. q.herein in Sr'. No.262 ol ?anulu S/o. V clociument u,ilh Cou rt and also rl B-Form patta rduced bv the '. Har :rt Ir nagar
8. In vieu, of the above circumstances, the cont: ttion raisecl by the petitioner cannct be acceptable and the questioi of issuance ot pattadar pass books and titie deeds to the petitioner does not arisc without any B-Form patta in favour of the petitione r issued by the competent authority. If the petitioner has any grr ( vance, he can make an application before the revenue authorities fc,r regularization of the said iald as per the existing mles. \11 /,I 7
9. In view of the above observations, this Writ dismissed and granting liberty to the petitioner for maling appropriate application before the concerned authorities for regularization of the subject iand in possession of the petitioner as Petition is per existing Rules. There shall be no order as to costs. As a sequel thereto, miscelianeous petitions pending, if any, in this Writ Petition, shal1 also stand closed. sD/.8. REKHA RANI STANT REGISTRAR //TRUE COPY// ECTION OFFICER To, Hvderabad [OUTI I ?,13 33Ji"'3i P5J'.U$tl,HHJ\.11","f?:? I3J33l" of rerangana at 3. Two CD CoPies PVL ?A- B TVI HIGH COURT DATED:2410912025 t' '' /1., ia< / J l t..) { \, 1 \)' \ ORDER WP.No.28359 of 2011 '.-..1'\ J,(\ ._ .. ',\ \.,\ i ': '- ir ?025 '. ',i ., :/ I tJ rC\it DISMISSING THE WRIT PETITION WITII OUT COSTS qF u + 6