The High Court · 2025
Case Details
Acts & Sections
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 any writ, order or direction more particularly one in the nature of WRIT of IVANDAI\4US declaring the action of the Respondent Nos. 2 and 3 in not issuing the Pattadar Passbook in the name of the petitioner, despite payment of requisite charges through e-challan No. CP2500008162 and application no. RC2500006188 dated 29.07.2025 along with the transaction summary, for an amount of Rs. 2,5491- towards issuance of passbook, nala charges, and mutation charges, in respect of agricultural land admeasuring Ac. 0.36 gts in Survey No. 31611 of Penuballi Revenue Village, Penubalti [Vandal, Khammam District, as being arbitrary, illegal, bad in law, violative of Articles 14 and 300-A of the Constitution of lndia, and contrary to the provisions of the Telangana Bhu Bharati (Record of Rights in Land) Act,2025 and consequently, direct Respondent Nos. 2 and 3 to mutate the name of the petitioner in the revenue records and to issue the Pattadar Passbooks and ritle Deeds in favour of the petitioner in respect of agricultural land admeasuring Ac. 0.36 gts in survey No. 316/1 of penuballi Revenue Village, Penuballi Mandal, Khammam District forthwith. lA NO: 1 75 . Petition under section 15i 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 2nd Respondent to issue Pattadar passbook and ritle Deeds in the name of the petitioner, by duly considering the requisite charges already paid through e- challan No. cP2500008162 and apptication no. RC2500006188 dated 29.o7.2025, along with the transaction summary for an amount of Rs. 2,s49l- towards issuance of passbook, nala charges, and mutation charges, in respect of the agricultural land admeasuring Ac. 0.36 gts in survey No. 316/1 of penuballi Revenue Village, Penuballi Mandal, Khammam District. Counsel for the Petitioner: SRI P.V.L.BHANU PRAKASH Counsel forthe Respondent Nos.1 TO 3: SRI L.RAVINDER, AGp FOR Counsel for the Respondent No.4: SRt MADAN MOHAN RAO REVENUE The Court made the following: ORDER -7 ") THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PEIITION No.2568O of 2025 ORDER: This writ petition is filed seeking the following relief: "...to issue a Writ of Mandamus declaring the action of the Respondent Nos.2 and 3 in not issuing the Pattadar Passbook in the name of the petitioner despite payment of requisite charges through e-challan No.CP250OOO8162 and application No.RC2500OO6 188, dated 29.O7.2025 along with the transaction summary for an amount of Rs.2,549/- torvards issuance of passbook nala charges and mutation charges in respect of agricultural land. admeasuring Ac.O.36 gts in Sy.No.316ll of Penuballi Revenue Village, Penuballi Mandal, Khammam District as being arbitrary, illegal, bad in law, violative of Articles 14 and 300-A of the Constitution of Inclia and contrary to the provisions of the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 and consequently direct Respondent Nos.2 and 3 to mutate the name of the petitioner in the revenue records and to issue the Pattadar Passbooks and Title Deeds in favour of the petitioner in respect of agricultural land admeasuring Ac.0.36 gts in Sy. No.316/l of Penuballi Revenue Village, Penuballi Mandal, Khammam District forthwith..."
2. Heard Mr.P.V.L.Bhanu Prakash, learned counsel for the petitioner, Mr. L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3 and Mr.Madan Mohan Rao, learned counsel for respondent No.4. Perused the record.
3. Learned counsel for the petitioner would submit that the petitioner has purchased the agricultural land to an 2 --) extent of Ac.0.36 guntas in Sy.No.316 /1, situated at Penuballi Revenue Village, Penuballi Mandl, Khammam District through an unregistered sale deed dated
30.12.2019. The unofficial respondent No.4 has filed a suit uide O.S. No.l2 of 2Ol7 before the Agent to Government, Khammam, upon hearing the parties to the said civil suit, which has been dismissed
4. Learned counsel for the petitioner would further submit that the petitioner has made and application uide application No.RC250O0O6 188, dated 29.O7 .2025, which has not been considered, despite the petitioner has paid the requisite fee. He would submit that the petitioner is rightful claimant pertaining to the land admeasuring Ac.O.36 guntas 1n Sy.No.316 / l, situated at Penuballi Revenue Village, Penuballi Mandl, Khammam District. He would further submit that the Tahsildar has issued impugned memo Rc.No.B/ 39O 12025, dated 21.O8.2O25 stating that on perusal of the order passed by the Court of Agent to Government in O.S.No.12 of 2017, it has not issued any direction to the Tahsildar, Penuballi, to record 3 the name of the petitioner in online pertaining to the land to an extent of Ac.3.20 guntas in Sy.No.316lI.
5. Learned counsel for the petitioner would further submit that the Tahsildar passed the said impugned memo without any application of mind, where it has been categorically held by the Court of the Agent to Government, Khammam, dismissing the case of the unofficial respondent, which would clearly conferred the rights upon the petitioner. Aggrieved thereby, the present petition has been filed.
6. Learned counsel for the unofficial respondent No.4 would submit that as against the order passed by the Court of the Agent to Government, Khammam in O.S.No.12 of 2OL7 dated 25.07.2025, an appeal has been preferred by respondent No.4 before this Court uide A.S.No.429 of 2025. The coordinate Bench of this Court, at the stage of admission while issuing notice, suspended the execution of judgment and decree dated 25.07.2025 in O.S.No.12 of 2Ol7 on the file of the Court of Agent to the Government till
23.09.2025 in I.A.No. 02 of 2025 and the said second \ i-- 4 ') appeal is pending adjudication before this Court. Hence, seeks to dismiss this writ petition.
7. Learned Assistant Government Pleader for Revenue would submit that the parties to this writ petition are also parties to A.s.N o.429 of 2025 pending before this court. Until the said appeal is finally disposed of, the official respondents are not in a position to take any action to mutate the name of the petitioner in the revenue records, as they are not vested with the powers under the Revenue Act. Hence, he would seek to pass appropriate orders. B. Having heard learneC counsel for the petitioner, learned counsel for unofficial respondent No.4 and learned Assistant Government Pleader for Revenue and on careful perusal of materiai placed before this Court, it is apparent that the pb.rties to this writ petition are also parties to A.S. No.429 of 2025, where the orders passed by the Court of the Agent to Government, Khammam is stayed in I.A No.02 of 2025. Therefore, this Court does not see any reason or ground to keep this writ petition pending. However, leaving tr,,\ \ 5 it open to the petitioner herein to agitate their case in A.S.No.429 of 2025.
9. Accordingly, this writ petition is dismissed. There shall be no order as to costs. Miscellaneous applications, if any pending, shall also stand closed. SD/.P.C. SULEKHA DEVI ASSISTANT RE //TRUE COPYII SECTION OFFICER
1. One CC to SRt P.V.L.BHANU PRAKASH 2. Two CCs to Gp FOR REVENUE RI I\IADAN MOHAN RAO, Advocate tOpUCl Advocate , High Court for the Hyderabad. One CC to S Two CD Copies U of Telangana, at To
3. 4. PSK. GJP & HIGH COURT DATED:2011112025 ORDER WP.No.25680 of 2025 h\E s I .) EI0I2 fi*5 .6) DISMISSING THE WRIT PETITION WITHOUT COSTS * .f