I l I i I I I I THE HON'BLE SRI JUSTICE C v. BHASKAR REDDY WRIT PETITION No

Judgment

1. The State of Telangana, Rep. by its Principal Secretary, Revenue Department Secretariat Buildings, Hyderabad 2 The District Collector, Ranga Reddy, Ranga Reddy District at Kongarqkalarl The Tahsildar, Kandukuru Mandal, Kandukuru, Ranga Reddy District ...RESPONDENTS

Petition under Article 226 ol the Constitution of lndia prayipg that in the circum$tances stated in the affidavit filed therewith, the High Court may be pleased to iqsue an appropriate writ, order ar direction more padiculady one in ihe nature af WRIT OF MANDAMUS declaring the action of the respondbnts N9, 2 85 3 in Sy No. 314/4/1 to an extent of Ac. 1.20 guntas situated at Kandukurq Village and Mandal, Ranga Reddy District vide Khata No. 201. new patta pass Book No. T051 101801 141201 is illegal, arbitrary, contrary tg pew pattadar paSg pook Act 2020 and violation of Article 300-4 of the lndian Cqnstitution and ponsequently direct the respondents No. 2 85 3 to issue new pass tisjok ip Sy No, p1{/Ail to an extent of Ac. 1.20 guntas situated at Kandukuru Village end Mandal, Ranga Reddy District vide Khata No. 201 , new patta pass Book No. T05110:1801141201 I 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 No.2 and 3 to issue new patta pass book in Sy No. 314A1 to an extent of Ac. 1.20 guntas situated at Kandukuru Village and Mandal, Ranga Reddy District vide Khata No. 201, new patta pass Book No. T05110180'l 141201 forthwith pending disposal of the main writ petition. Counsel for the Per:itioner :SRl. P MALLA REDDY 9gqnsql for the Respoqdents: GP FgR REVENUE The Court made the following: ORQER I i I I t' ,lllt .l I i I 1 I l I i I I I I THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION No.27591 of 2023 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "....ro issLe an appropiate uiL order or direction more particularlA one in the nature of WRIT OF MANDAMUS declqing the action of the respondents No.2 and 3 in Sg.No.314/A/ 1 to an extent of Ac.1.20 guntas situated qt Kandukuru Village and Mand.a\ Ranga Reddg Distict, uide Khata lVo. 201 neu.) patta pass Book No.T051 101 801 14/ 2O 1 is illegal, arbitrary, contrary to new pattadar pass book Act, 2020 and uiolation of Article 300A of the Indian Constitution and consequentlg direct the respondents No.2 & 3 to issue new pass boolt in SA.No.314/A/1 to an extent of Ac.1.2O Wntas situated at Kandukuru Village and Mandal, Ranga Reddg Distict uide Khata No.20l neLU patta p@ss Book No-7051 1 0 1 801 1 4/ 201...."

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

3. It is the case of the petitioner that he is the owner ald possessor of land admeasuring Ac.l.2O guntas in Sy.No.314/A/ I situated at Kandukuru Village and Mandal, Ranga Reddy District, and his name is recorded in the revenue records and pattadar passbook uid.e Patta No.283 under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for short 'Act, 1971J has also been issued in his favour. It is further case of the petitioner is that respondent authorities are not 2 r-\ \ issuing pattadar passbooks under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act,2O2O (for short Act, 2O2O\ for the above said extent to enable him to enjoy his rights as absolute owner and also to receive various incentives sanctioned by the Government for cuitivation of his 1and. The grievance of the petitioner is that he also submitted arr application dated O3.05.2023 before respondent No.2 for iisuance of new pattadar passbooks in his favour in respect of the subject lands, but till dated no action has been taken on the said application.

4. Learned counsel for the petitioner has vehemently contended that issuance of e-pattadar passbook is only a consequential act of carrying the entries which have aiready been made under the provisions of ttre ROR Act, 1971. Learned counsel further submitted that the entries made in the pattadar passbook are only compilation of the survey numbers and the accounts for the extent being mentioned in a particular village, and therefore, it does not take away the right of the petitioner in any manner unless the entries in the revenue records are corrected by following due procedure. I 3

5. l,earned Assistant Government Pleader for Revenue appearing for the respondents has not disputed the issuance of pattadar passbooks in favour of the petitioner in respect of the subject lands under the provisions of the Act, 1971. It is settled law that issuance of e-pattadar passbook is 6. only a consequential act of carrjring the entries which have already been made under the provisions of the ROR Act, 1971, and unless the said entries are corrected by following the due procedure, the respondents are not having any po-wer or authority for cancellation of the pattadar passbooks. If the respondents are having any claim over the property which is in possession of the petitioner or for issuance of the pattadar passbooks in his favour, they have to follow the procedure and only then they are having right to with-hold the pattadar passbooks and in the absence of the same, the respondents are not having power or authority to with-hold the pattadar passbooks and the said action on the part of the respondent authorities amounts to violation of principles of natural justice. 7 . In view of the above, this Court deems it appropriate to dispose oi this writ petition directing the respondent authorities to examine the aPPiication submitted bY the Petitioner for t I ,r :i l l i I I I I *f' -. ,l -I issuance of new pattadar passbooks in respect of the subject lands. If the petitioner satisfies all the requirements for issuance of e-pattadar pass book under the provisions of the ROR Act, 2O2O and the circular instructions issued by CCI-A vide Circular No.1 of 2021, dated l5.OI.2O2l and Circular No. 1 of 2024, dated

28.02.2024, r:onsider the same and if the petitioner is otherwise not entitled for issuance of e-pattadar passbook, the respondent authorities shall pass a reasoned order strictly in accordance with law and communicate the same to tl.e petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order.

8. With tLre above observations, this Writ Petition is disposed of. There shall be no order as to costs.

9. As a sequel thereto, miscelianeous petitions, if any, pending shall stand closed. To, /ITRUE COPY// SD/.P. PONNA KRISHNA 1 fsslsrANr REGISTRAR \\\ I \\, - .SECTION \t'V OFFICER =r 1, The Principal Secretary, Revenue Department Secretariat Buildings, State of Telangana Hyderabad.

2. The Diskict Collector, Ranga Reddy, Ranga Reddy District at Kongarakalan. 3. The Tahsildar, Kandukuru lvlandal, Kandukuru, Ranga Reddy District. 4. One CC to SRI P MALLA REDDY Advocate [OPUC] 5. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad. [OUT] 6. Two CD Copies. 7. One Spare Copy. Kv BS HIGH COURT DATED: 1710312025 ORDER WP.No.27591 of 2023 l d I -I HE S14 ( o{. s o^ o o 16 JUIJ 20fr (wrrol DISPOSED OF THE WRIT PETITION WITHOUT COSTS q.od4 w"