The High Court · 2025

Judgment

4. The State of Telangana, Rep by its Prl Secretary, Revenue Department Secretariat Buildings, Hyderabad The District Collector, Nagarkurnool District The Revenue Divisional Officer Nagarkurnool, Nagarkurnool District The Thasildar, Veldandi Mandalam, Nagarkurnool District ...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the clrcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or Direction more particularly one in the nature of Writ of [/!andamus, declaring the action of the respondents in not mutating the petitioner name in the online revenue records including Dharani Portal and not issuing the pattadar passbooks and title deeds in connection with the petitioner's agricultural Iands situated at Survey No. 49/2 to an extent of Ac.2.'10 gts situated at Pedapur Village, Veldanda Mandal, Nagarkurnool District which was purchased the late husband of the petitioner through registered sale deed vide document no. 304/1990, without considering application of the petitioner filed through Meeseva vide Application No. Application No. 2400105191 dated 30.09.2024 and also without considering panchama conducted by the Tahsildar 20.03.2021 wherein the petitioner is in possession of the property is illegal, arbitrary and against the principles of natural justice and also violation of Articles 14, 19 , 21 and 300-A of Constitution of lndia and consequently direct the respondents to mutate the petitioner name in the online revenue records including dhrani by issuing the Pattadar Passbooks and Title Deeds in the name of the petitioner in the interest of justice. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the ci "r the affidavit filed in support of the petition, the High Court ma) the respondents to mutate the petitioner name in online reve r dhrani portal by issuing pattadar passbooks and title deedr; petitioner's agricultural land situated in Survey No.49/2 to arr situated at Pedapur Village, Veldanda Mandal, Nage r considering the Application No. Applicalion No. 24001051(r' pending disposal of the main writ petition. umstances stated in be pleased to Direct ue records including n connection to the )xtent of Ac.2.'10 gts rurnool District by dated 30.09.2024., Counsel for the Petitioner: SRI T.S.N. MURTHY Counsel forthe Respondents: SRI L. RAVINDER, ASST. Gl) FOR REVENUE The Court made the following: ORDER I I I I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.31211 of 2O24 Date: 02-12.2o25 Between: Smt.Guda Sharada And ..Petitioner The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad and three others ORDER: ..Respondents This Writ Petition is filed seeking the following relief:- "...to issue a Writ, order or Direction more particulariy one in the nature of Writ of Mandamus declaring the action of the respondents in not mutating the peLitioner name in the online revenue records including Dharali Portal and not issuing the pattadar passbooks alrd title deeds in connection with the petitioner's agricultural lalds situated at Sy. No.49/2 to an extent ofAcs.2.lO guntas situated at Pedapur Village, Veldanda Mandal, Nagarkurnool District which was purchased the late hustrand of the petitioher through registered sale deed vide document No.3O4 of 1990 without considering application of the petitioner filed through Meeseva vide Application No. 24001O5191 dated 2 EW,J Vp 31211 2024

30.O9.2024 ald also without considering conducted by the Tahsildat on 20.03.2021 ;t petitioner is in possession of the properl] arbitrary ald against the principles o[ natura] also violation of Articles 14, 19, 2l anc Constitution of India and consequently, respondents to mutate the petitioner name irr revenue records including dhrali by issuing 1 Passbooks and Title Deeds in the name of the p, panchama rerein the .1s illegal, ustice anrl 300A of. lirect the the online c Pattadar titioner..."

2. Heard Sri T.S.N.Murthy, learned counsel lL,: the petitioner and Sri L.Ravinder, learned Assistanl Governmt rt Pleader for Revenue appearing for the respondents and u'itlr their consent, this writ petition is being taken up for disposal at [he admission stage.

3. Learned counsel for the petitioner would ,; Lbmit lhat the husband of the petitioner by name Guda Kotappa had purchased the land admeasuring Acs.2. 1 ( guntas in S;7.No.49/2 situated at Pedapur Village, Vel,1 Lnda Mandal, Nagarkurnool District, through registered sak: deed bearing document No.304 of 199O and he was issued palt rdar passbook uide Patta No.137 under the provisions of the Tr:l rngana Rights in Land and Pattadar Passbooks Act, 1971. Lt rrned counsel would further submit that the petitioner's hu s rand died on

08.08.2005 and rhe petitioner had succeecl r to the said 3 Etrv, J $lp-3l2ll 2024 property. Learned counsel for the petitioner would further submit that, after the death of the petitioner's husband, acting on the representations made by the petitioner, respondent No.4 inspected the subject [and, conducted ,.panchalama on 20.O3.'2021 and recommended to issue pattadar passbooks in her favour by mutating her name in the revenue records as she was in possession of the subject land. Learned counsel for the petitioner would lurther submit that the petitioner made application bearing No.24001O5191, dated 3O.O9.2024 seeking for mutation of her name in the revenue records and consequential issuance of pattadar passbook in respect of the subject land under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short "the ROR Act, 2O2O"l. The grievance of the petitioner is that, even after receipt of the said application the respondent authorities did not consider the same.

4. Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents would submit that the vendors of the petitioner's husband are the possessors of the subject land and they are not the pattadars. He would further submit that the patta stands in the name of Sri Mandeguthala Nagappa and the names of one A.Govinda Chary, Mudavath i 4 El/v, J Wp 31211 2024 Vasuram, Bady, Laskar Strvia, Shakru, Hanr iya, Chandu, Gopya, Hariya, Balya and Desia were recorded :s possessors to the subject land. The vendors, who executed tl-rc -egistered sale deed in favour of the petitioner's husband, dr, not have any executable rights of the subject property and as ,uch, the case of the petitioner was not considered by the reve:r re authorities. He would further submit that the petitioner is t r tding physical possession of the subject land and pattadar rassbook was issued in favour of her husband basing on the egistered sale deed, which li.'as executed by the possessors of tir subject land, and hcnce, he prays this Court to pass approprir t : orders.

5. Considered the submissions made by the r lrned counsel for the respective parties and examined the mzrte 'ial on record. The petitioner claims the subject land based r r the pattadar passbook issued to her husband and also th,: panchanama, daLed 2O.O3.2O21. Having issued the pattarlir passbook in favour of the petitioner's husband and conducte I panchanama, dated 2O.O3.2O21 , th-e respondents cannot dec.r e the title on behalf of either of the parties and in any case they ought to have communicated the decision taken b5, hem on the application, dated 3O.09.2024. Under these circ,r nstances, this Court deems it appropriate to dispose of this writ petition l i i 5 Er/v, J Vp 31211-2024 directing respondent No.4 to conduct enquiry on the petitioner,s online application bearing No.240010S191, dated 30.Og.2024 by issuing notice to all the persons interested and after giving strfl-rcient opportunity of personal hearing to them, pass appropriate ordcrs strictly in accordance with law and communicate the same to the petitioner, as expeditiously as possible, preferably, within a period of three (03) months from the date of receipt of a copy of this order. 6 With the above observations, this Writ petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/-P. PONNA KRISHNA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Prl Secretary, Revenue Department, The Statex Telangana, Secretariat \ Buildinos. Hvderabad The DiStrict bollector, Nagarkurnool District The Revenue Divisional Officer Nagarkurnool, Nagarkurnool District The Thasildar, Veldandi Mandalam, Nagarkurnool District One CC to SRI T.S.N. MURTHY, Advocate IOPUCI Two CCs to GP FOR REVENUE, High Court for the State of Telangana louTl Two CD Copies BN GJP 2 J 4 5 6 7 My i HIGH COURT DATED:0211212025 '-: ..'::a' -rt'r.\ t:lL.U 15 l I \ _1 .7,\.i ''.,iN. {N r 't\ 'M i; ,/ ORDER WP.No.31211 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS t( n/