The High Court · 2025

Petition under section 151 CPC praying that in the r:ircumstances stated in the affidavit filed in support of the petition, the High court may be pleased to suspend the entries rnade by the respondents 2 & 3 in favor of Respondents No-4 & 5 pertaining to the agricultural land in sy.No.60/E/211 and Sy.No 60/E/2/2 to an extent of Ac.No.3-121 guntas situated at Hemajipur Village, Balanagar lvlandal, Mahabubnagar Distrirl, pending disposal of the writ petition in this Hon'ble cout. Counsel for the Petitioner: M/s D.PADMAVATHI Counsel for the Respondent Nos.1 TO 3: GP FOR REVENUE Counsel for the Respondent Nos.4 & 5: SRI A.KESHAVA REDDY The Court made the following: ORDER THE HON'BLE SRI WSTICE C.V.BIIASKAR REDDY WRIT PETITION N0.33299 of 2o23 ORDER: This writ petition is filed seeking to declare the action of respondent Nos.2 arrd 3 in not rectifying the revenue entries pertaining to the agricultural land to an extent of Ac.3.12 gts., in Sy.Nos.60/E2 /l and, 6O/E/2/2, situated at Hemajipur Viflage, Balanagar Mandal, Mahabubnagar District, as illegal and arbitrary and consequently prayed this Court to direct the .espo.rle.rt authorities to delete the names of respondent Nos.4 and 5 for the schedule land and for other appropriate reliefs.

2. Considered the submissions of the learned counsel for the respective parties ald with their consent this writ petition is disposed of at the admission stage.

3. It is stated that the petitioner is the absolute'owner and possessor of the agricultural land to an extent of Ac.3.l2 gts., in Sy.No.6O/E2, situated at Hemajipur Village, Balanagar Mandal, Mahabubnagar District, having purchased the same under a registered document No. 10583 of 2OO5. It is further stated that his nzune was recorded in the revdnue records and the revenue authorities have a-lso issued pattadar passbook and title deed as I l I I 2 CVBR, J wp_33299_2023 -::. per the mutation proceedings No.A/6050/20O6, clated 18.11.2006. It is further stated that the petitioner's vendor has purchased the subject land u;nder a registered document No.1955 of 1990, dated

17.09.1990 from the original assignee Mohammad Ahmadullah, who was ex-serviceman and was issued title deed No.349O7O, Patta No. 187, in Sy.ltlo.6olE2.

4. The case of the petitioner is that il the online pahanies, the name of the original assignee Ahamadulla has been errtered by mistake thou gh sa,1e transaction took place in respect of,r the subject land. !'he further case'of the petitioner is that respondent Nos.4 arrd 5, b,:ing the lega1 heirs of Ahmadulia, taking advantage of the online errtries, got the sale deed executed in respect of the subject land and entered their names in the Dharani for Sy.Nos.60/E2 /1 and E2l2 wit};.out any right. Therelbre, the petitioner has made online applic ations uide Nos.UL23OOO09427 ard UL2300O09428, dated 02.11.2O23 for issuance of e-pattadar passbook as per the provisions of the Telangana Rights in Land ard Pattadar Passbooks Act,2O2O and the said appiications have not been consiCered on the ground that the names of the legal heirs of the original assignee have been recorded in the revenue records. The gr:ievance of the petitioner is that the respondent authorities have entered the nanes of the legal heirs of the original 3 CVBR, J wp_33299_2,023 assignee in the revenue records without issuing any notice to the petitioner and the said action on the part of the respondent authorities not only amounts to violation of Section 5(3) of the Telangana Rights in Land arrd Pattadar Passbooks Act, 1971, it equally amounts to violation of the Full Bench Judgment of tl-ris Court in the case of Chinnam Pandurangam u. Mandal Reuenue Officer, Seritingampatlg Mand.al and othersr.

5. Be that as it may, respondent Nos.4 and 5 have also filed joint memo stating that they have no objection for deletion of their names from the revenue records and incorporation of the name of the petitioner in the revenue records in respect of the subject property as per the provisions of the Act, 2O2O.

6. In view of the above, this Court without expressing any opinion on the right and entitlement of the petitioner for issualce of e-patadar passbook in respect of the subject propgrfy, since it is stated that the petitioner has submitted online applications uide Nos.UL23000O9427 and UL23OOOO9428, dated 02. I 1.2023 as per the procedure prescribed in the dharani portal, the respondent authorities are directed to consider the said applications duly taking into consideration of the issuance of the earlier pattadar passbooks and tifle deeds and also registered sale deeds and in t ltR 2oo8 AP 15 , I I I 4 CVBR, J wp_33299-2023 view of respolldent Nos 4 and 5 filing a joint memo' if the petittoner is otherwise r-'ligible and entitled for issuance of e-pattadar passbook in rt:spect of the subject property and if there is no government inl'erest involved in the subject land ' the respondent authorities sha-Il issue e-pattadar passbook and iitle deed' strictly in accordance with the provisions of the Act' 2020' and if the petitioner is rrot eligibie or entitied for issuance of e-pattadar passbook, the respondent authorities shall pass a reasoned order ,Ihe saicl exercise and communi,:ate the same to the petitioner' shall be completed within a period of three (03) months from the date of receipt of a copy of this order'

7. With the above observations, this Writ Petil.ion is disposed of' There shal1 be no order as to costs' Asase<luelthereto,miscellaneouspetitions'ifany'pending shall stand closed //TRUE COPY// .SD /. T.JAYASREE REGISTRAR AS ON OFFICER Iifi I ffi?E?l,: Sg:13,?,1& Bil:ilil?*B?ifjlliill 3l',t:Xi t!;ii'i Ii';B:st?i?i colrector, Mahabubnagar District, collectorate complex' *:giffd'p#s,Xmg'$fl x%frJflHf{ll'""*"'"'unn'n"" BXl"tt?S, h?uo I'Lt. nouo RE DDY' Advocate ro P u cl Two CD C'lpies \ \ To 1

2. 4 5 6 7 PSK Iy HIGH COURT DATED:2010112025 ORDER WP.No.33299 of 2023 EHCo T ,{ L') ,J t9. /t * I I 1 FiB 20;?5 -4 .J' DISPOSING OF THE WRIT PETITION WITHOUT COSTS a,< 18