✦ High Court of India · 05 Feb 2025

H DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE v. BHASKAR REDDY Between

Case Details High Court of India · 05 Feb 2025
Court
High Court of India
Decided
05 Feb 2025
Bench
Not available
Length
1,207 words

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 more particularly one in the nature of Writ of mandamus, declaring the action of the Respondents in not issuing Pattadar Passbooks to the Petitioner in respect of land admeasuring Ac.9- 07 Gts. in Sy. No. 303, situated at Chekriyal Village, Chowtakur Mandal, Sangareddy District is illegal, arbitrary and against principles of natural justice and violating Article 14 and 21 of Constitution.of lndia and consequently direct Ac.9- 07 Gts. in Sy. No. 303, situated at Chekriyal Village, Chowtakur Mandal, Sangareddy 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 Respondents consider Petitioners representation vide Dharani Portal Ref No. 22OO09457O dated 25. 08. 2022 for issuance of Pattadar Passbook in respect of land admeasuring Ac. 9- 07 Gts. in Sy. No. 303 of Chekriyal Village, Chowtakur Mandal, Sangareddy District pending disposal of the above writ petition Counsel for the Petitioner: SRI P. clRl KRISHNA Counsel for Respondents: AGP FOR REVENUE The Court made the following: ORDER IION'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.26186 of 2o23 ORDER: . This writ petition is hled seeking to declare the action of the respondents in not issuing pattadar passbooks to the petitioner in respect of land admeasuring Ac.9.O7 gts., in Sy.No.303, situated at Chekriyal Village, Chowtakur Mandal, Sangareddy District, as illegal, arbitrary and for other appropriate reliefs.

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

3. It is stated that the petitioner is the owner and possessor of land admeasuring Ac.1 t.O3 gts., in Sy.No.303, situated at Chekriyal Village, Chowtakur Mandal, Sangareddy District, having acquired the same lrom his father. It is further stated that the name of the petitioner's father was also recorded as the owner and pattadar of the said land in the khasra pahani and chesala pahani and after his death, the petitioner acquired the same. It is further stated that in the pahani patrika for the year 1977-78, the extent of patta land in Sy.No.3O3 was shown as Ac. 1.36 gts., only and the remaining extent of Ac.9.O7 gts., was shown as sarkari. lt is further stated that when the petitioner enquired in the revenue olfice, he was informed that the land to 2 *r_,6';y?[ij an extent of Ac.9.07 gts., in Sy.No.303 was acquired by the Special Deputy Collector/Land Acquisition Officer, HMWS&SB, for the purposc of submergence under Manjeera Dam II phase and Proceedings No.Bl40/76, dated 31.O1.1979 were issued by the Spccial Deputy Collector/Land Acquisition Officer, HMWS&SB. The case of the petitioner is that the land to an extent of Ac.9.07 gts., in Sy.No.303 was not mentioned in the Proceedings No.BlaOl76, dated 31.O1.1979 issued by the Deputy Collector/ Land Acquisition Officer HMWS&SB and thercfore, he is entitled for issuance of the pattadar passbooks for the said cxtcnt of land

4. Learned counsel for the petitioner has submitted that the lands in Sy.No.3O3 is not notified nor acquired by the Government nnder submergence of Manjeera Dam and compensatron also not paid to the petitioner. However, without conducting any enquiry, nature of the land of the petitioner i.e., Ac.9.O7 gts., in Sy.No.3O3 is mentioned in the pahani patrikas as Manjeera garak. Learned counsel further submitted that the respondents have issued pattadar passbooks for the said extent of the land under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 197 j. (for short, ,the Act, 1971') and since the said land was not acquired and -the pattadar passbooks have been issued under the provisions of 3 C\tsR, J Wp 26186_2023 the Act, L971, the petitioner is entitled for issuance of pattadar passbooks as per the provisions ofthe Telangana Rights in Lard and Pattadar Passbooks Act, 2O2O, therefore, disputing the nature of the said lands and its classification and claiming rights over the said iands, the petitioner has made an application for issuance of the pattadar passbooks at this length of time.

5. Learned Assistant Government pleader for Revenue appearing for the respondents, relying upon the counter affidavit filed by respondent No.4, has submitted that the land to an extent of Ac.9.O7 gts., in Sy.No.3O3 has been acquired from the pattadar and compensation has already been paid. It is further stated that the award copy is not available in the office of the respondents and the respondents have to make an enquiry into the same.

6. As seen from the record, the petitioner has placed the Proceedings No.B/40/76, dated 31.O1.1979 issued by the Deputy Collector/Land Acquisition Officer HMWS&SB, wherein, Sy.No.3O3 is not shown. Further, pattadar passbooks have been \ issued in favour of the petitioner to an extent of Ac. l l.O3 gts., in Sy.No.303 contrary to the entries made in the pahanies from 1977-7a onwards, wherein, the nature of the land has been classified as Sarkari-Manlira Carak. These issues are required 4 wo zortcollji to be examine cl after verifying the records and the nature of the lands as to whether the lands claimed by thr: petitioner as reflected in the pahani in the year l977_7g are sarkari lands and on what basis the respondents have issued pattadar passbooks under the provisions of the Act, 1971. \

7. In vieu, of the above, this Court deems it appropriate to dispose of this Writ petition directing respondent No.4 to consider the application dated 25.09.2022 submitted by the petitioner taking into consideration of all the revenue records and also the Proceedin gs No.B/40/76, dated 31.O1.1979 issued by the Depr-rty Collector/Land Acquisition Ofhcer HMWS&SB and pass appropriate reasoned orders in accordance with law and communicate the same to the petitioner within a period of threc (03) months from the date of receipt of a copy of this order. a With thc above observations, the Writ petition is disposed of. There shall be no order as to costs. As a secluel, the miscellaneous petitions pending, if any, shall stand closed Sd/. S. MALLTKARJUNA RAO ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To, 1 2 3 4 E MBC The Revenue Divisional Officer, Andole, Sangareddy District. The Tahsildar, Chowtakur Mandal, Sangareddy District. One CC to Sri P Giri Krishna Advocate [OPUC] Two CCs to GP For Revenue, High Court for the State of Telangana. [OUT] Two CD Copies ,'l HIGH COURT GVBR,J,, DATED: 0510212025 ..a::::-= ,'1riE Sdz.; v : 2 5 FIJ liil) ) Dr .:narr-C t,f'9 * 6 Z a ORDER WP.No.26186 ot 2023 DISPOSING OF WRIT PETITION WITHOUT COSTS @)"'W

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