High Court · 2025

Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavrt filed therewith, the High court may be pleased to issue writ or Direction more particularly one in nature of writ of Mandamus declaring the action of the Respondent No.4 not considering the Petitioner application dated.23-09-2023 for cancellation of pattedar pass book and not conducted thorough enquiry by Respondent No.4 with respect to land admeasuring Ac.0- 30 gts., in sy.No.68/143 situated at itikalapally Vil{age and Bachannapet Mandal, Jangoan District, is against to the Article 14 and 2,1 of the constitution, and Principles of Naturat Justice and also direct the Respondent No.2-4 to conduct detailed enquiry in respect of above mentioned land and consequently direct the Respondent Authorities to cancel passbooks issued to Respondent No.5 and mutate our name in passbook and pahanis ,., lA NO: 1 OF 2023 Petition under Section 151 cPc praying that in the ()ircumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents No.2 to 5 not to alienate and interft;re with the peaceful possession and enjoyment of the petitioner's agriculture land admeasuring Ac.0-30 gts, in Sy.No.68/143 situated at itikalapally VillagJe and Bachannapet Mandal, Jangoan District Counsel for the Petitioner: SRl. P. ACHUT RAMA SHASTRY Counsel for the Respondent Nos. 1to4: GP FOR REVENUE Counsel for the Respondent No.5: ..' The Court made the following: ORDER I , t-, THE HoN'BLE SRI JT'STI cE c.v.BHASKAR REDDY WRIT PETITION No .29191 of 2023 ORDER: This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner, seeking the following relief: "For the reasons stated in the accompanying affidavit, it is hereby prayed t,.at this Hontrle court may be preased to issue Writ or D#ection more particularly one in nature of Writ of Mandamus declaring the action of the Respondent No.4 not considering tlre pedtioner applicarion datecl:23_O9_2o23 for cancellation Of pattedar pass book and not conducted thorough enqurry by Respondent No.4 with respect to land admeasurrng Ac.O-3O gts., ia Sy.No.68/ 143 situared ar irikalapalty Viltage and Bachannapet Mandal, Jangoan District, is a6lainst to the Articles 74 and,2t of the Constitution, and principles of Natural Justice and also direct the Respondent No.2 4 to conduct detailed enqulry in respect of aboye men tioned l:rnd and consequently direct the Responclent Authorities to cancel passbooks issued to Respondent No-5 and mllta[e oLlr.ame in Passbook and Pahanis and pass such other order or orders may deem fit and proper in the circumstances ol the case.,,

2. It is stated that the petitioner is in enjoyment and possession of the land to the extent of Ac. 0_3O guntas in Survey No.68/ 143, situared at Itikalapall,v Village and ! I I .:.:: c CVBR, J W.P No.29191 of 2023 Bachannapet Mandal, Jangoan District (for shc,rt, 'the subject land'). In support of his possession, the petitioner also relied upon a sist receipt issued to the petitioner towards payment of land sist for the subject land. It is further sta.ted that since the petitioner is in possession of the subjecl- land, the 4th respondent without conducting any enquiry on the application submitted by the petitioner has issued pattadar passbooks in favour of the 5tn respondent. It is further stated that the 5th respondent is not in possession of the subject land and he is not entitled for issuance of pattadar passbookr; or title deeds as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short 'the I'ct, 197 l") and the Rules made thereunder. Consequently, the petitioner prays this Court to cancel the pattadar passbooks issued in lavour of the Sth respondent.

3. Ms. N.Kamala, learned counsel appearing for the 5th respondent contended that taking into consideration the eligibility of the 5th respondent for grant of assignment, tl're subject land is in possession of the 5h respond,:nt prior to the I l E ! I l -..!ftf t I l l I l I ) ) 3 CVBR, J W.P.No.29191 of 2023 policy enunciated by the State Govemment uide G.O.Ms.No.14O6, dated 25.07.195a, which is also stated in Final Patta CerLificate uide proceedings Rc.No.B ll5O5l9S issued in the month of June, 1998. Learned counsel also stated that the official respondents have granted pattadar passbooks and title deeds in favour of the sth respondent uide Khatha No.454, Passbook No.T230lO1 1032 I dated 23.O4.2018 and the Str'respondent is in enjoyment and possession o[ the subject land and receiving various incentives sanctioned by the Government as investment subsidy.

4. This Court has carefully examined the contentions of the learned counsel appearing for the petitioner as we[[ as learned counsel for the 5th respondent. The petitioner except relying upon the alleged sist receipt has not placed any documents showing grant of assignment of the subject land in favour of the petitioner. Contrarily, the Srh respondent has placed assignment proceedings as r,,.ell as the pattadar passbooks issued in her favour. It is settlecl Ia$' that the official respondents are not having an,y right or authorit-y for 4 CVBR, J W.P.No.29191 of 2O23 (\ cancellation of the passbooks unless the 5s r(3spondent has violated any of the terms and conditions of the assignment patta. The petitioner has failed to satisly the above requirement. Therefore, the writ petition frled b1,the petitioner is misconceived.

5. Accordingly, the Writ Petition is disrnissed. There shall be no order as to costs As a sequel, the miscellaneous petitions p,:nding, if any, shall stand closed //TRUE COPY/ SD/.V.KAVITHA TANT REGISTRAR i.ECTION OFFICER ACHUT RAMA SHASTRY Advoca te OPUCI OR REVENUE ,High Court for the State of Telangana at I To,

1. One CC to SRl. P 2. Two CCs to GP F Hyderabad [OUT]

3. Two CD CoPies Btil GJP ?* HIGH COURT DATED:2710112025 ORDER WP.No.29191 of 2023 :rc ..rJ< o 't- 25 JUll zffi : I,*. \ ,|- * D Espe I C.' DISMISSING THE WRIT PETITION WITHOUT COSTS b fl d- v\ s D