1. Sri. Venkata Subbaiah Thumati v. The State of Telangana

the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to process the registration as per the sale deed and e- Challandt.2l.lo.2o23andtoissuenewE-PassbookandTitleDeedinfavourof the 2nd Petitioner, in respect of agricultural property in Sy No l 32lC lBl112' lo an at Bachupally Village and Mandal, Medchal- extent of Ac.'1-26 gts, situated Malkajgiri District. IA NO :2OF 2023 PetitionunderSectionl5lCPCprayingthatinthecircumstancesStatedin the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to make any changes in Dharani Web Portal' in respectofagriculturalpropertyinSy.No.l32lClBt1t2'loanextentofAc',1-26gts' situated at Bachupally village and Mandal, Medchal-Malkajgiri District. .' .-:::::ll. 7 IAN O: 3 OF 2023 PetitionunderSectionl5lCPCprayingthatintheCircumstancesstatedin the affidavit filed in support of the petition, the High Court may be pleased to modify the order dt. 31 .10.2023 passed in IA No I ot 2023 by directing the 2nd Respondenttounblockthetransactionandthereafterdirectthe4thRespondent to forthwith process the application bealing No 2300843807 dated 26 10 2023 submitted by the Petitioners for registration of sale deed and issue E-Pattadar Passbooks and Title Deed to the Petitioner No 2 in respect of the land admeasuring Ac.1-26 gts, in SyNo'132t}tBt1t2 situated at Bachupally Village and Mandal, Medchal-Malkajgiri District' IANOz 1OF 2O24 Petition under Section 151 CPC praying that in the circumstances stated in theaffidavitfiledinsupportofthepetition,theHighcourtmaybepleasedto implead me as Respondent No.5 in the Writ Petition No 30247 of 2023 ' W.P.NO:9 753 0F 2024 Between: tttlir Zulfeqar Ali Khan, S/o Late Jahadar Ali Khan' Aged about B-7- ^ygars'Occ ii,j.t.JrJir.i,r".')rj-i-Ci'srsioA, 6,iil'i'lritiie Dirwaia'Hvderabad-500 065' ...PETITIONER AND 2 J 1 The State of Telangana' Rep.By its Principal Secretary' Revenue Department' Secretariat, HYderabad. The Chief Secretary and Chief. Commissioner of Land Administration' Telangana State, HYderabad. The Diskict Collector, Medchal Malkaigiri Diskict' The Tahsildar-Cum-Sub-Registrar, Bachupally Mandal' Sri.Venkata Subbaiah I humati, S/o Thumati Kotaiah' aoed 66 vears' Occ "K;"dqpi-,M';i"l "Prakasdm District' Aoriculture, R/o. H.No. 4-ib:V"il;;, iHljii" "pi;o,jll. i;iLl""tiv'i.l''oiiiii';t' nlo. dj"h r p"t ly Vi l l ase and M a nd a l, tvledchal Malkajgiri District. 4 5 Petition under Article 226 of the ionstitution of lndia praying that in the circumstances stated an the affidavit filed therewith' the High Court may be ...RESPONDENTS pleased to issue a Writ' Order, or Direction, more particularly one in the nature of Writ of Mandamus or any other appropriate Writ to set aside e-Pattedar Pass Book No.T06020010287 for the land Acs l-26Gts. in Sy No.132lClBl112 o'f Bachupally Village of Bachupally lvlandal'Malkajgiri Division of Medchal- Malkajgiri District issued by the Tahsildar-Cum-Sub-Registrar Bachupally Mandal,tilalkajgiriDivisionofMedchal-MalkajgiriDistrictwhoistheRespondent No.4 herein, as the same is being illegal' arbitrary' Unconstitutional' and in violation of the provisions of the Telangana Rights in Land and Pattadar Pass BooksAct2O2OandalsodirecttheRespondentNo.2to4torectifythenatureof land from notional Khata to Patta and issue the e-Pattedar Pass Book for the saidlandofAcs.l-26GtsinSyNo'l32tclBtltzofBachupallyVillageof Bachupally lylandal, Malkaigiri Division of Medchal-Malkajgiri District to the Writ Petitioner by considering the on-line Application No'2300135359 which is pending with the Respondent No'2 to 4' IA NO: 1oF 2024 Petitionundersectionl5lCPCprayingthatinthecircumstancesstated intheaffidavitfiledinSupportofthepetition,theHighCourtmaybepleasedto directtheRespondents2lo4tocontinuetheblockalreadyputinthedharani portal in respect of the land of Acs.1-26Gts in sy.No.132lCtBt112 ol Bachupally VillageofBachupallyMandal,MalkajgiriDivisionofMedchal-MalkajgiriDistricttill e-pattedar pass book for the same land is issued to the writ petitioner' Counsel for the Petitioner in W.P'No'30247 of 2023 ;H;;p.r;";i ruo.s in w.P.No.e753 or 2024 Counsel for the ResPondent No'S in W.P.No. 3O247 oI 2023 /Petitioner in W.P.No. 9753 ot 2024 Counsel for the Respondents in W'Ps The Court made the following: COMMON ORDER : SRI AKKAM ESHWAR : SRI A.RAJENDER PRASAD : SRI S.SRINIVASA REDDY' ASST. GP FOR REVENUE

1. HONOURABLE SRI JUSTTCE K. LAKSHMAN I.A.No.1 OF 2024 WRIT PETIT ION Nos. 30247 of2023 AND WRIT PETITION Nos.30247 of2023 AND9753 OF2024 COMMON ORDER: Heard Sri Akkam Eshwar, learned counsel for the petitioner in W.P.No.30247 of 2023 and respondent No.5 in W.P.No.9753 of 2024; Sri A.Rajendra Prasad, learned counsel for respondent No.5 in W.P.No.30247 of 2023 and petitioner in W.P.No.9753 of 2024 and Sri S.Srinivasa Reddy, leamed Asst.Govt.Pleader for Revenue.

2. I.A.No. I of 2024 is filed to implead the petitioner therein as respondent No.5 in W.P.No.30247 of 2023. Having satisfied with the reasons, the same is allowed. Registry is directed to carry out necessary amendments. ( For sake of convenience, the parties hereinafter are referred to as they are arrayed in W.P.No.30247 of 2023)

3. The 1" petitioner is ctaiming that he is absolute owner and possessor of land admeasuring Ac.l .26 guntas in Sy.No.l 32lC/Bi 1/2 F 2 situated at Bachupally Vilalge and Mandal, Medchal-Malkajgiri District, In proof of the same, he has filed a copy of the pattadar passbook bearing No.296656.

4. According to him, he has purchased the said property from Mr. Mir Julfekar Ali Khan R/o. Mir Jahadar Ali Khan, Hyderabad i.e. 5th respondent. According to him, he has purchased the land admeasuring Ac.2.00 in Sy.No. 132 and I 3 3 under unregistered sale deed/Sada Bainama, dated 05.08. 1989. The same was regularized. He has filed copies of 13-B and 13-C forms both dated 21.09.2012 issued in his favour. According to him, he has paid an amount of Rs.6600/- to 4th respondent on 18.09.1992. He has requested the respondents to issue pattadar passbook and title deed pursuant to proceedings dated

21.09.1992. The said request was not considered. He has submitted online application. The same was not considered. Therefore, he has filed W.P.No.27561 of 2023 seeking to consider the online application No.HS2300007309, dated 17.09.2023 submitted to the 3'd respondent therein with a request to issue e-pattadar passbook. Vide order dated

19.10.2023, this Court disposed of the said writ petition directing the 3'd k .rYr 3 respondent herein to consider the said online application dated 17 .09.2023 submitted by the 1 't petitioner herein for rectification of revenue entries (Dharani porla) and issuance of e-pattadar passbook in respect of the subject land by putting the petitioner and aI concemed/interested persons on notice and pass orders, in accordance with law, within a period of forty five (45) days from the date of receipt of a copy of the said order.

5. lt is relevant to note that the writ petitioner in W.P.No.9753 of 2024 is not a party to W.P.No.27561 of 2023. The pattadar passbooks were issued to the l't petitioner in W.P.No.30247 of 2023 on 12.10.2023 itself. Thereafter, the l" petitioner booked a slot in Dharani Portal on

27.10.2023 for registration of sale deed in respect of aforesaid property to third parties. The same was blocked. 2nd petitioner is claiming that he has purchased the subject property from the l't petitioner. Theretbre, they have filed W.P.No.30247 of 202f seeking a direction to declare the action of the respondents in blocking the transaction in Dharani Web Portal in respect of the subject properry, as illegal. I 4

6. The 5th respondent herein has field W.P.No.9753 of 2024 contending that he is the absolute owner and possessor of land admeasuring Ac.6.29guntas. According to him, certain land was acquired for purpose of sub-station, some of the property was occupied by third parties illegally. According to the him the left out land is only Ac.1.26guntas. Nature of the said land is recorded as 'notional'. Instead of his name, the name of Sri Venkata Subbaiah Thumati/l't petitioner in W.P.No.30247 of 2023 was recorded as pattadar in Dharani Portal. He has filed online application No.2300135359, dated 29.08.202 with 3'd respondent with a request to delete the said property from 'notional' instead of his name and issue e-pattadar passbook in his favour. Despite receiving and acknowledging the same, the respondents did not consider. Therefore, he has filed W.P.No.9753 of 2024.

7. The aforesaid facts would reveal that the petitioners in both the writ petitions are claiming that they are the absolute owners and possessors of the subject property.

8. Sri Akkam Eshwar, leamed counsel, on instructions, would contend that the petitioner in W.P.No.9753 is not the original owner of 5 the subject property and he is taking advantage of his name i.e. Mir Julfikhar Ali Khan s/o. Julhkhar Ali Khan. In fact, the original owner is Syed Julfikhar Ali Khan, However, the said aspects cannot be considered by this Court in the present writ petition filed under Article 226 of Constitution of India. They have to approach a competent civil court for deciding the said aspect. Having received the aforesaid online application, 3'd respondent should have considered the same.

9. Sri Akkam Eshwar, learned counsel for the 1" petitioner would contend that as on the date of submitting application for booking of slot, there was no application submitted by the petitioner in W.P.No.9753 of

2024. Without challenging the mutation proceedings. writ petitioner cannot challenge the subsequent proceedings, he has placed reliance on the principle laid down by the High Court of Judicature for the state of Telangana and Andhra Pradesh at Hyderabad in Ratnamma vs. RI)O \ and othersl.

10. In the light of the aforesaid discussion, I.A.No.1 of 2024 in W.P.No.30247 of 2023 is allowed. Consequently, these two writ '(zors (o) lro oos (oe) w 6 petitions are disposed of directing the 3'd respondent to consider the online application No.2300135359, dated 29.08.202 submitted by the petitioner in W.P.No.9753 of 2024 by putting the petitioners and 5'h respondent on notice and affording them an opponunity. If 3'd respondent is not inclined to consider the said application, he shall assign specific reasons in the order and communicate a copy of the same to the petitioner. 3'd respondent shall complete the said exercise within eight (8) weeks from the date of receipt of a copy of this order. Till then, respondents 3 and 4 are directed not to entertain any documents to be submitted by the petitioners and 5n respondent in W.P.No.30247 of

2023. As sequel thereto, pending miscellaneous petitions, if any, in these writ petitions shall stand closed. //TRUE COPY// SD/.P.PADMANABHA ASSISTANT REGI RrE DDY RAR 1' \,L SECTION OFFICER Telangana State at Hvderabad_ To, '1 The Principal Secretarv. Revenue Department, Dr. B. R. Ambedkar Bhavan, ^ Secrelariat, State of Teiangana, itvteiJOiO. '' "' 2. The chief secretarv ano" Crriei'boilri[sioner, of Land Administration, 3. The District Collector,'Medchal-Malkaiqiri District o I[i.."]: 5. One CC 6. One CC 7. Two CC Court fo B. Two CD BSK LS n.,,0 a r-c u m-Sub-Res i.[;;;' 6Z;;;;ri]'' rua na a r, rvled ch a t_M a tkaj s i ri to SRI AKKAM ESHWAR. Advocare IOptrcl tO SRI A.RAJENDRA PRASAD, NOVO'CiIC. idPUCr s to sRt soMU sRtNtvAs REDDY, nS-Si. 6p Foh nrvrNur, Hign r the State of Telangana. [OUT] uopres. "k- HIGH COURT DATED:2210412024 COMMON ORDER l.A.No.1 OF 2024 IN W.P.NO: 30247 OF 2023 CC TODAY {. 9 .1f. c ts \t$' rs ':.), ; '/ ,:l './'' rJi" ' q : a o & W.P.NOs: 30247 OF 2023 & 9753 OF 2024 ORDERING THE I.A.NO.l O,F 2024 tN W.P.NO.30247 0F 2023 & DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS