High Court · 2025

1. Pedda Bojanna, S/o- Boanna 2. Boomanna, S/o. Bojanna 3. GaJlganng, S/o.Bojanna All are Rt/o. D.No.7-125, Kamagiri Boregaon, ltchoda, 4. M. Sujatha, Wo. Srinivas Rl/o.D.No.3-43, Kamagir Boregaon, ltchoda, Adilabad Telangana State 504 307 Adilaoad Telangana State 504307 AND 1 . The State of Telangana, Rep. by its Principal Secretary (Revenue) Secretariat 2. The Collector and District Magistrate, Adilabad. 3. The Tahsildar, and Joint Sub-Regiskar ltchoda, Adilabad District Building, Hyderabad Telangana ...PET|T|ONERS ...RESPONDENTS Petition under Anicle 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 an Order or Direction or or a Writ more particularly one in the nature of Writ of Mandamus calling for the records pertaining to the lands of the petitioner in Survey No.gtst112. gt3t1t111 , gl5l1t1, gt3t1, gl3l1t1t2, for a totat extent of lands Acs.2.0, Ac.1.0, Ac.1.0, Acs.2.20 andAcs.1.20 gts respectively situated at Babuldo village, ltchoda Mandal, Adilabad District and Direct the 2nd respondent to consider the representation dated O3-O7 -2022 submitted by the petitioners and issue No Obiection Certificate for the registration of the documents. lA NO: 't OF 2023 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 Direct the 2nd respondent to consider the representation dated O3-O7 -2022 submitted by the petitioners and issue No Objection Certificate for the registration of the documents. Counsel for the Petitioners: SRI P.RAMULU Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.3O674 of 2o23 ORDER It is stated that the petitioners are the owners and possessors of the land admeasuring Acs.S.OO guntas in Sy.No.9 and it sub divisions, situated at Babuldo Village, Itchoda Mandal, Adilabad District. It is stated that the name of the petitioners' mother Smt.Gangu Bai was recorded in the revenue records and also pattadar passbook and title deed were issued in her favour. It is further stated that prior to 1954 onwards, the name of the petitioners' mother was recorded as occupant in the revenue records and cist/tax being collected for them and they were allowed to be continued as possessors of the said lands. Taking into consideration their possession over the subject land and they are entitled for an assignment prior to the policy being laid down under G.O.Ms.No.1406, dated 25.O7.1958, the revenue authorities issued pattadar passbooks and title deeds under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 197 1 (for short "the ROR Act, 1971") and the Rules made thereunder. The grievance of the petitioners is that the respondents treating the lands, which are in occupation of petitioners, as Laoni patta lands are making efforts to dispossess / evict the petitioners from the lands without following the procedure prescribed under law and without payment of any compensation. 2 \ CVBR. J Wp 30674_2023 '--.t l 2' Learned Assistant Government pleader stated that on verirrcation of the revenue records, no record is traceable for granting ol assignment in favour of the petitioners' mother. It is further staLed that the land in Sy.No.9 to an extent of Ac.1O.0O guntas is recorded as Government Porambaku land as per the Khasra pahani 1954 55. It is further stated that Chakali Ganga is cultivating the said land as Jamedar as per pahanies 1955_5g. It is further stated that as per the pahanies for the year 196l-62, 1962_63, the nature of the land is recorded as Government porambaku. It appears from the records 1954-55 onwards, Chakali Ganga is cultivating the land as Jamedar. Taking into consideration the long possession of the petitioners and as per the provisions of relangana Land Revenue Act, 13s7 Fasri and the Rules made thereunder, petitioners are entitled for grant of Laoni patta.

3. At this stage, learned counsel for the petitioners has submitted that taking into consideration of long possession, once pattadar passbooks and title deeds were issued to the petitioners under ROR Act, 7971, unless the said pattadar passbooks and title deeds arc cancelled by following due procedure of law, the respondents are not having any right to claim that the subject land is assign land and the petitioncrs are not entitled to alienate the same. i I I 3 CVBR, J Wp_30674 2023

4. Admittedly, the lands assigne d under FORM_9 G of the Rules made under the Laoni Rules are alienabre and there is no condition that has been imposed in the said Rules for non-alienation of the said land.

5. Be that as it may, learned counscl for respective parties has submitted that issue raised in this writ petition is squarely covered by the Division Bench order of this cour[. Since it is stated. that earlier pattadar passbooks and title deeds were issued to the petitioners and they are in long possession, this Court is of the opinion that the ends of justice would be met if the respondents are directed not to interfere with the rights of the petitioners, in any manner. If there is any claim of the Government over the subject land, the respondents are directed to follow the due procedure in accordance with law.

6. With the above observations, this Writ petition is disposed of There shail be no order as to costs.

7. As a sequel, stand closed. the miscellaneous petitions pending, if any, shall //TRUE COPY// SD/- K. AMMA'I DEPUTY REGISTRAR SECTION OFFICER To 2 3 4 5 6 PSK. BM ing, H yderabad The Principal Secretary (Revenue) Secretariat Bu Telangana, State of Telangana The Collector and District Magistrate, Adilabad. The Tahsildar, and Joint Sub-Registrar ltchoda, Adilabad District One CC to SRI P.RAMULU Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies Yy HIGH COURT DATED:0610312025 ORDER WP.No.30674 of 2023 24,tuu 6 .', j \ -\r --\ .,,/ ./.' -../- DISPOSING OF THE WRIT PETITION WITHOUT COSTS n cop(ar\ .er