The High Court · 2025

The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad, Telangana State-500 004. The District Collector, Bhadradri-Kothagudem District, Kothagudem (Town and District)-S07 '101 . The Revenue Divisional Officer, Kothagudem, thadradri-Kothagudem Disttricl56710'1 . The Tahsildar/MRO, Sujathanagar Mandal, Sujathanagar, Bhadradri- Kothagudem Disttrict-507 1 20. Sri. S.K. Bhole Pasha, S/o Late S.K.Hussain, aged about 40 years, Occ. Auto Driver, R/o Gareebpeta Village, Opp. Gov't High School, Sujathanagar Mandal, Bhadradri-Kothagudem District, Telangana State-507 1 18. ...RESPONDENTS Petition under Article 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 appropriate Writ, Order or direction particularly one in the nature of Writ of Mandamus, declaring the action of Respondent No.2 to 4 in not considering the application dt.05.05.2025 of petitioners for issuance of Pattadar Pass Book, in respect of the land to an extent of Ac.6-35 gts, in Sy.No.3S to 65/864, Situated at Gareebpet Village, Sujathanagar [Vlandal, Bhadradri- Kothagudem District, in favour of petitioners, as illegal, arbitrary and violative of Article 14, 21 and 300-,4 of Constitution of lndia, consequently DIRECT the Respondent No.2 to 4 to consider the petitioners application d1.05.05.2025 and t ; I issue Pattadar Pass Book, in favour of petitioners, in respect of the land to an extent of Ac.6-35 gts in Sy.No.35 to 65/864, Situated at Gaieebpet Village, Sujathanagar Mandal, Bhadradri-Kothagudem District, in the interest of justice IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the crrcumstances stated in the affidavit filed ir support of the petition, the High Court may be pleased to DIRECT the Respondent No.2 to 4 not to consider the application submitted by the Sth respondent in respect of the land to an extent of Ac 6-35 gts in Sy.No.35 to 65/864, Situate,l at Gareebpet Village, Sujathanagar [\/andal, Bhadradri- Kothagudem Districl, Telangana State, pending disposal of the writ petition. Counsel for the Petitioner: SRI P. VENKANNA Counsel forthe Respondent Nos. 1to4: SRI L. RAVINDER, AGP FOR REVENUE Counsel for the Respondent No.S: -- The Court made the following: ORDER 1 THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL MIT PETITION No.31303 of 2025 ORDER: This Writ Petition is filed praying this Court to declare the action of the respondent Nos.2 to 4 ir-r not consider the application dated 05.05.2025 ol the petitioners lor issuance of Pattadar Passbook, in respect of land to an extent of Acs.6.35 guntas 1lt Sy.No.35 to 65 /864, situated at Gareebpet Village, Sujathanagar Mandal, Bhadradri-Kothagudem District, in favour of the petitioners as illegal, arbitrary and violative ol Article 14, 21 and 30O A of the Constitution of India, conseqllentl-y direct respondent Nos.2 to 4 to consider tl-re petitioners trpplication dated 05.05.2025 and issue pattadar passbook, in favour of the petitioners in respect of land to an extent of Acs.6.35 guntas in Sy.No.35 to 65/B,64, situated at Gareebpet Village, Sujathanagar Mandal, Bhadradri- l(othagudcm District in the interest of justice and pass st-rch other ordcr or orders.

2. Heard Sri P.Venkanna, learned counsel tfor petitioners and Sri L.Ravincler, learned Assistant tl-re .- 2 Govc:-nrncnt Pleader lor Revenue, appearing for respondent Nos.l tc 4 and u,ith their consent this Wril Petition is being disposccl of at the admission stage

3. [,c;rrncd counsel appearing for the petitioner u,ould submit :hat father of petitioner No.1, by II'IIIE Lalaji Yadilal. purchased the land to an extent of Acs.6.35 guntas in Sr'. Nos..35 to 65 /864, situated at Gareebpet Village, by u,a-\, of Szrdzrbarinama, from the father of responder-rt No.5, bv name Shaik Hussain. Since the year 1968 Sri Lalaji Yadilal rrr-rl l-ris family members are cultivzrting the said land ancl their names u'ere also reflecting itr the revenue records rrs possessors by u,ay of purchase. 1'hough father o[ petitioner No.l purchased the land on 03.06.1968, Rvthtr Pass;book and land revenue receipts r.r,ere issued in the namc rf Larlaji Narsoji, r.r,ho is the brother ol Lalaji Yardil:rl a:rd in the rcvenue records iike Pahanis also, the name of Lalaji Narsoji '"r,as entered because Lalaji Yaclilal and Lala,li Narsoji arc brothers by full blood and joint family, thr:rcafter, though Act 1/70 was promulqated in the agencv area ancl transfer of ou,nership was prohibited, ltut thev are in possession, since purchase of land, as it is l reflectcd in revenue records, revenue receipts, erpart from Sadabainama dated 03.06.1968 executed bv the father of respondent No.5, by name SK.Hussain.

4. Whilc the matter stood, on 02.03.1982 Tahsildar, l(othagudem, issued a notice under Section 3(1) Possession and Eviction Rr-rles, 1957 to Lalaji Narsoji asking him u,h,y l-r c shor-rlcl nol bc evicted from the subject land. Tl-ren, he submittcd 1-ris objection petition stating that the-y havc purchased the land from SK.Hussain. The then Tahsildar, Kothagudem, opined that the protected tenant was clcclarcd as o\\'ner dr-rrir-rg the year 1956 and he ',r,as also given "Druva Pathram" after paying the reasonablc price to thc land holder. The protected tenant has sold away the lar-rd during the -vear 1966. The Tahsildar, Kothagudem, fr,rrthcr opined that under Section 4B-A of A.P. (tenancv Agricultural Lernds Act), 1950 the protected tenant sold alvay thc ltrnd after 8 years ol acquiring the land after full payment of rcasonable price fixed for the land and as such, the prcscnt occupant is in adverse possession as per records. Thcrefore, do not consider it a fit case to evict the I I 4 l)rcsent occupant, and issued an order dated 23.03.1982 in favour of father of respondent No.2.

5. On 22.06.2016 the petitioners submitted an appliczLt.ion to the officinl respondents for regularisation of SadabrLinama dated 03.06.1968 and rr:quested to issue pattzrdzLr passbook, but the same is pending. Thereafter, thc 1>etitiorrers submitted an application No.2722OO2O 169 u1 reqrrrrecl [ormat to rcspondent No.4 requesting for regul:rrisartior-r of Sadnbainama dated 03.0(1.1968, it is also still pcnding. Later on, respondent No.li also made an applic:rtior-r for issuarrcc ol pattadar passbook for the subjer:t. )ropcrtv. Upor-r receipt of the said information, the petitiorrers filed arr objection dated 03.09.2025 before resporrdt nt No.4 b-r. cnclosirrg all relevant documents and requesterl him not to issue pattadar passbc,ok in favour of responclent No.5. Rcspondent No.5 is making elforts through highl_r, inflr.rential persons to impress upon responr,lent No.4 lor gelting pattadar passbook. As such, the petrtir,ncrs are apprchending that respondent No.4 may isslre piittaclar passbook in fzrvour of responrient No.5. If it is so, the oetitioners u,ould suffer great injustice and it i.r,ill 5 C'lLI SC rnultiplicitv of litigation. Hence, the prcsent s,riL petrtlon.

6. Learned Assistant Government Pleader for Revenuc r,vould submit that the petitioners made rn ritten rcpresentations iong back. Now Bhu Bharati Act is in force. Thcrelore he seeks to direct the petitioners to submit online application in an appropriate module ol Bhu Bharati Act nith the respondent-authorities. Upon receipt of the samc, tl'rc resporrdent authorities will consider and pass appropriate orders, in accordance with law. 7 . In the liglrt ol the aforesaid facts and circumstances of the case, tl-ris Writ Petition is disposed of, granting Iiberty to thc petitioners to submit online application in an appropriate module of Bhu Bharati Act u,ith thc responclent-authorities. On filing such online application, the rcspondent-i:ruthorities shall consider the same and pass appropriatc orders, strictly in accordance i.l,ith larv, b.v putting the petitioners, respondent No.5/unofficial respondent ancl all interested parties on notice and aflording them an opportunity. They shall pass a reasoned 6 order, cofrmunicate co p.\'' of the said order to the petitionr:rs and complete the said exercise u'ithin a period of eight (Ott) weeks lrom thc date ol receipt of cop-v of online application. Till such time, the respondent-authorities are directed not to cflcct anv mutation in lavour of either of the parties. There shall be no ordcrs as to costs I Miscr:llaneous petitions, if ar-rv pending, in this Writ Petition, strall stand closccl SD/.A. IiRINIVASA REDDY ISTANT REGISTRAR ASS ,TRUE COPY// SECTION,OFFICER To, The Principal Secretary, Revenue Department, Secretariat, Hyderabad, Telangana Stater-500 004. The District Collector, Bhadradri-Kothagudem District, Kothagudem (Town and District)-507' 1 01 . The Revenue Divisional Officer, Kothagudem, Bhadradri-Kothagudem Disttrict-5671 01 The Tahsildar/MRO, Sujathanagar Mandal, Sujathanagar, Bhadradri- Kothagudem Disttrict-SO7 1 20. One CC to SRl. P. VENKANNA, Advocate IOPUC] Two CCs to GP FOR REVENUE,High Court for the State of Telangana at Hyderabad [OU'-] Two CD Copies 1 2 3 4 5 6

7. BIM LS {,A HIGH COURT DATED:1511012025 ORDER WP.No.31303 of 2025 :*i; * ( ;r: SIA 1 n I rl["J ?$[ r:) 'n I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS lt* {*\1Y L\)