High Court · 2025

2. Sri Joqu Janqaiah, S/o Late Butchaiah, Age- 32 years, Occ. Agriculture, R/o.Da-dpally Village, Manchal Mandal, Rangareddy District - 501508.

3. Sri Joqu Shankar, Sio Late Butchaiah, Age. 28 years' QcQ. Agricultura' R/o.Da?pally Village, Manchal Mandal, Rangareddy District-50'1508

4. Sri Joqu Shiva Prasad, S/o Late Butchaiah S/o 27 years, Occ. Agriculture. R/o.Didpally Village, Manchal Mandal, Rangareddy District - 501508. ...PETITIONERS AND

1. The Slate of Telangana, Rep by it! Principal Secretary, Revenqe Department, Secretafiat, Saifabad, Hyderabad.

2. The DlsFict Collector, Rangareddy Diqtricl. 3. The Revenue Divisional Officer, lbrahimpatnam Division, Ranqareddy Distrlct' 4. The Tahsildar, Manchal Mandal, Rangareddy District. 5. The lillage Revenue Officer, Dadpally Village, Manchal Mandal, Rangareddy District. ...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 a Writ or Writs more appropriately a Writ of Mandamus to declare the inaction of the Respondent Nos.4 and 5 in acting upon the representation of the petitioner dated 1710812022 the 5th respgndent not to imptementation of Memo vide No.8/379t2021 dated 0610712022 issued by the 4th respondent on the certificate of ownership u/sec.38E of the Andhra Pradesh (Telangana {rea) Tenancy and Agricultural lands Act, 1950 issued by the rt respondent in favour of Jogu Butchaiah, s/o Edaiah, who is predecessor to the petitioners who succeed and got inheritance rights as protec,ted tenants to the agriculture land bearing sy. Nos 48,49,53, 55 and 56 admeasuring Ac.O2-20 gts.,Ac.02-15gts.,Ac02-19gts.,Ac03-13gts,andAc02-il1'gts,respectively' totally admeasuring Ac 13-24 gts., situated at Dadpally Revenue Village, Manchal Mandal, Rangareddy District, as illegal, arbitrary, vlolative of Principles 3gCr(A) Constitution of of natural justice and against the Article-14, 19(1)(0 lndia and consequently clirect the respondent authorities to c;onsider to dispose the application daled.17lOBl2O22 submitted by the petitioner and also direct the respondent authoritles to refund the on-!in9 payment made in thrice by the petitioners. "nO A NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High couft may be pleased to direct official respondents to refund the on-line payment merde in thrice by the petitioners in the interest of justice and equity- lA NO: 2 OF 2022 Petition under section 151 CPC praying that in the circumstances stated in the affidqvit filed in support of the petition, the High court may be pleased to direct the official respondents to consider to dispose the application dated 171O8t2022 submitted by the petitioners, pending disposal r'this writ petition in the interest of justice and equitY Counsel for the Petitioners: SRI CHILPIREDDY NARSIREDEY Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI J(,STICE C.V. BHASI{AR REDDY WRIT PETITION No.3 4594 of 2022 ORDER: This writ petition is filed seeking to declare the inaction of respondent Nos.4 and 5 in acting upon the representation of the petitioner dated l7'O8'2O22 and respondent No.5 in implementing the Memo uide No.Bl379 12021, dated 06.07.2022 issued by respondent No.4 on the certificate of ownership under Section 38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 issued by respondent No'3 in favour ofJogu Butchaiah, S/o. Edaiah, who is predecessor to the petitioners who succeeded and got inheritance rights as prote.cted tenants to the agricultural lands admeasuring Ac.2.2O gts., Ac.2.15 gts., Ac. 2'19 gts', Ac'3'13 gts'' and Ac.2.37 gts., in Sy.Nos.48, 49, 53,55 and 56 respectively' total admeasuring Ac-13-24 gts', situated at Dadpally Revenue Village, Manchal Mandal, Rangareddy District, as illegal, arbitrary and for other appropriate reliefs' )

2. Considered the submissions of the leiu-ned counsel for respectir,e ltarties and perused the record.

3. It is stated that the name of Kattela Ramaiah was recorded as the protected tenant arrd possessor of the agricultural land admeasuring Ac.2.2O gts., Ac.2.15 gts., Ac.2.l9 gts , Ac.3.13 gts., and Ac.2.37 gts., in Sy.Nos.48, 49, 53, 55 rLnd 56 respectively, situated at Dadpally Revenue Village, Malchal Mandal, Rangar,:rldy District. After the death of Kattela Ramaiah, Jogu gucfraiatr succeeded zrs r,he protected tenant and he was also issued ownership <:ertificate under Section 38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950. b-y respondent No.3 uide proceedings No.Ll84O/2O20, dated 25.06.2O2O in respect of the subject Iands. It is further stated that the said Jogr.r Butchaiah died on 14.10.2O2i leaving behind the petitioners as his lega1 heirs. The case of the petitioners is that they have made number of representations to the respondents to mutate their names in the revenue records as protected tenants and issue pattadar passbooks in re,spect of the 3 subject lands and aJso paid amounts towards mutation charges, however, no action has been taken nor given any reply to the said representation till date' The further case of the petitioners is that respondent No'4 has issued a Memo uide No.B/37912021, dated 06'07'2021 to VRO' Dadpally Village and directed to implement the ownership certilicate under Section 38-E of the Act' issued by respondent No'3 to Sri Jogu Buchaiah uide Proceedings No.Ll84Ol2O20, dated 25'06'2020 in respect of the subject lands, however, the same was not implemented in the revenue records. Hence the present writ petition'

4. Learned counsel for the petitioners has stated that in view of not mutating the names of the petitioners in the revenue records and not issuing pattadar passbooks in respect of the subject lands' the petitioners are not receiving various incentives sanctioned by the Government as investment subsidies and therefore' they are not in a position to cultivate their lands' S. Learned Assistalt Government Pleader for Revenue appearing for the respondents has not disputed issuance of 1-: 4 1 -\ 38-E Certificate by respondent No.3 and the orders passed by respondent No.4 uide Merno No.B/379/202 1, dated

06.07.2021 tc VRO, Dadpally directing to inrplement the ownership certillcate under Section 38-E of the Act, issued by respondent No.3 to Sri Jogu Buchaiah

6. This u,rit petilion is pending since las;t 2-3 years. However, the respondents have not filed any counter affidavit opposing the claim of the petitioners or disputing issuance of 3U-E Certificate issued by respon,lent Nd.3 till date.

7. In vieri, of the above, this Court is of the opinion that ends of justict: u,ould be met if respondent Nors.4 and 5 are directed to implement the orders passed lrrr respondent No.3 in Procr:edings No.Ll84O/2O20, dated 25.06.2020, after issuing notice to all the persons interested/ affected for mutatior-r of the names of the petitioners in the revenue records and if no objections are received, respondent Nos.4 and 5 shal1 ciLrry out necessaq/ corrections jn the revenue records and <:onsequently, issue pattadar pa.ssbooks and title deeds in respect of the subject lands in accordance 5 with law. In the event if the petitioners are not eligible for issuance of pattadar passbooks in respect of the subject lands, respondent Nos.4 and 5 shall pass a reasoned order and communicate the same to the petitioners within a period of three (03) months from the date of receipt of a copy of this order.

8. With the above observations, this writ petition is disposed of. There shall be no order as to costs' As a sequel, the miscellaneous petitions pending, if any, shall stand closed- //TRUE COPY// SD/.A.V.S. PRASAD EPUTY REGISTRAR SECTION OFFICER To, 1 . The Principal Secretary, Revenue Department, Secretariat, Saifabad. Hyderabad, State of Telangana.

2. The District Collector, Rangareddy District. 3. The Revenue Divisional Officer, Ibrahimpatnam Division, Rangareddy District. 4. The Tahsildar, Manchal Mandal, Rangareddy District. 5. The Village Revenue Officer, Dadpally Village, Manchal Mandal, Rangareddy District.

6. One CC to SRI CHILPIREDDY NARSIREDDY, Advocate [OPUC] 7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

8. Two CD Copies (+ BSR BS HIGH COURT DATED:2 410212025 ( ORDER WP.No.94594 of 2022 I6: ,,{:;--'"';; (: ) ) 0 g APR 2m5 ) \ ( C. -) DFiParlrrliC' DISPOSING OF THE WRIT PETITION, WITHOUT COSTS (r q lA