Smt. Pinnaboina Lingamma v. The State of Telangana

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the in action of the respondents herein, particularly 2nd respondent to 5th respondents, neither considered the petitioner application, dated. 1810812022, not rectify the records and entered the petitioner name in the concerned revenue records including DAHARANI Website, and not yet issue the New Pattadar pass book in favour of the petitioner, in respect of agriculture land Acc.0.25 gts, in Sy.No. 438 situated at Kodad Revenue Village, (Laxmipuram), Kodad Mandal, Suryapet District, TS, despite respondents herein received the online application through DHARANI Website on O210912022, vide Application No. 2200099246, the said application also sent to the respondents through registered post, dated. 1810812022, but still respondents not yet taken any action, in respect of the petitioner application, dated. 1810812022, and same as been illegal, arbitrary, unjust, and its nothing but misuse of their official powers and also vitiation of Articles 19, and 300-4 of the Constitution of lndia and also its contrary to TS Pattadar Passbook Act and its rules, and consequently direct the respondents herein, forthwith enter the petitioner name in the concerned revenue records including DHARANI Website and issue the New Pattadar pass book in favour of the petitioner, in respect of agriculture land Acc.O.25 gts, in Sy. No. 438 situated at Kodad Revenue Village, (Laxmipuram), Kodad Mandal, Suryapet District, TS, by considering the petitioner application, daled. 1810812022 including DHARANI Website Application No 2200099246. lA NO: 1 OF 2024 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 directing the respondents to enter the petitioner name in the concerned revenue records including DHARANI Website by al issue the New Pattadar passbook in favour of the petitioner, in respect of agriculture land Ac.0.25 gts, in Sy.No. 438 situated at Kodad Revenue Village, (Laxmipuram), Kodad Mandal, Suryapet District, TS, by considering the petitioner application, dated: 18.08.2022 including DHARANI Website Application No. 2200099246, in the interest of justice. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the clrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein, forthwith enter the petitioner name in the concerned revenue records including DHARANI Website and issue the New Pattadar pass book in favour of the petitioner, in respect of agriculture land Acc.0.25 gts, in Sy.No. 438 situated at Kodad Revenue Village, (Laxmipuram), Kodad Mandal, Suryapet District, TS, by considering the petitioner application, dated. 18/08/2022 including DHARANI Website Application No 2200099246, pending disposal of the main Writ Petition. Counsel for the Petitioner : SRI S OINESH Counsel forthe Respondents: ASST.GP FOR REVENUE The Court made the following: ORDER I q I ; I I I , i I I i I l i I i t ! (-\ ORDER: HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.36399 of 2o22 This Writ Pctition, under Article 226 of the Constirution o[ India, is filed seeking the following reliet "...1o issue orl oppropiate urit, order or dtrection; more pantia arlg one in ll1e nature of turit of Mandamus: a) bg declaing tlp inaction of the Respondents in not taking anA oction pursuant to tlrc opplication dated 18.O8.2022 for rectifutng the reuenue records including Dherani Portal and for nol issutng pattodlr pas.sboolc it.fauour of the petltioner, in respect of agriculture land adnrcasuing Ac.O.25 gts., irt Sy.No.438 situated at Kodad Revenue Viltage, Surgapet Distict, as illegal, arbttrary, unconstitutional; and b) CotlsequentlA, direct the Respondents to consider the aforesaid opplication or 4:lSpass such other order or orders as this Courl deems fit and proper in llTe ctcumstances of the case..."

2. It is the case of the petitioner that she has been in pr>ssession and enjoyment of the agricultural land in an extent of Ac.O.25 gts., in Sy.No.438 situated at Kodad Revenue Village (Laxmipuram), Kodad Mandal, Suryapet District, out of total extent Acs.9.15 gts, since more than four decades. It is also stated a survey has been conducled over the subject property and revenue authorities found that the petitioner has been in possession of the subject property since long time. In spite of the said fact, respondent alrthorities instead of mutating her name in the revenue records ancl issurng 2 pattadar passbook in respect of subject property, thcy are not considering her application. Thereby, the petitioner is not able to avail the various incentives being sanctioned by the Government from time to time for cultivating the subject property.

3. Whereas, learned Assistant Governmen[ Pleader for Revenue appearing for the respondents, on instructions, would submit that though it is found that the petitioner has been in possession of the subject property since long time, however, she is not entitled for the issuance of pattadar passbook. As per the provisions of the A.P.Rights in Land and Pattadar Pass Books Act, 197 1, the persons, who are owners and pattedars of any land, shall apply for issuance of pattadar passbook from the Tahsildhar on payment of fee as prescribed. It is further stated that since the petitioner has not produced any title deed or ownership certificate over the subject property in possession, the respondents have not issued pattadar passbook and the claim of the petitioner has been rejected vide Memo Rc.No.B I 1116l2022, dated O1.11.2022.

4. While it is the contention of the learncd counsel for the petitioner that the petitioner has been in possession of the subject property more than four decades and she is entitled for the issuance of pattadar passbook, it is stated by the learned Assistant Government Pleader for Revenue that the petitioner has failed to i i I I i I l I t: l, 3 submit any ownership document to enable the revenue authorities to mutate her name in the revenue record and to issue pattadar passbook. If the petitioner is having any right over the subject property by virtue of long possession, she has to approach the competent Civil Court and obtain necessary declaration decree. Only after obtaining necessary declaration decree, the petitioner is entitled to make appropriate application before the revenue authorities for amending the revenue records and for issuance of pattadar passbook in her favour.

5. In the light of the above, this Writ Petition is dismissed. However, it is left open to the petitioner to agitate the grounds and contentions raised in the present writ petition before the competent Civil Court. As a sequel, the miscellaneous petitions pending, rf any, shall stand closed. No order as to costs. //TRUE COPY// \ SD/-MOHD. lsMAlL -/ DEPUTY REGISTRAR ,/ ilrtou orrtceR 1 2 One CC to SRI S.DINESH, Advocate' [OPUCI Two CCs to GP FOR REVENUE' High Court for the State of Telangana louTl

3. Two CD CoPies BSK BS I I To, i I I I I i I I i \ I HIGH COURT DATED:2410312025 1 HE ST4T €' ( t 01 riAY 2U6 F .l't t ORDER I OE SFATC WP.No.36399 of 2022 DISMISSING THE WRIT PETITION WITHOUT COSTS 6 2^ 0 0