Ragidi Thirupathaiah v. The State of Telangana

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 order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondent in displaying petitioner agricultural land as house sites in the DHARANI Portal and not updating and mutating the agricultural lands in my name and not issuing of new Passbooks though the Agriculture land is Registered in my favour through sale deed dated.17 h012019, vide Document No. 809912023 and without considering old passbooks issued as Agriculture land is contrary to the Article 14, 19,21 and 300- A of the Constitution of lndia and ROR Act as illegal, unjust and arbitrary and I consequently direct the Respondents to correct the records in the DHARANI Portal, updating rhe status of the scheduled property as agricultural land, situated at Ramajipet Village, Yadagirigutta Mandal, yadadri Bhuvanagiri District, comprising the survey Nos. 92dt 1/3, Ac.0-10 Gts. g7 ee2e94/1, Ac.0-37 % Gts, 84 6/a, Ac.0-20 % cts,9216J12, Ac.3-37 % cts, 84 a/4, Ac.0-05 Gts, 93/6al3, Ac.O_ '19 % Gts, 81eel/3, Ac.0-03 Gts,93/6a5/2, Ac.0-06 lzGts, B1le4/2, Ac.0-10 Gts, 95/6sa/3, Ac.0-26 % Gts and 9lleet16lz, Ac.0-04 Gts, Totaling an extent of Ac.7-10 % Gts and to consider representation dated 0g.10.2021 and take appropriate action for mutation of the property in my name without insisting on the vendors biometric thumb impression and to issue new passbooks. A NO: 1 OF 2024 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 Respondents consider representation dated 0g.10.2024 and take appropriate action for mutation of the property in my name without insisting on the vendor,s biometric thumb impression and to issue new passbooks with regard to survey Nos. 926: 1/3, Ac.0-10 Gts. 87 ee2ee4/.1, Ac.0-37 % Gts, 84 6s/a, Ac.O-20 % Gts, 9216a12, Ac.3-37 i4 Gts,84 a/4, Ac.O-05 Gts,93/6/3, Ac.0-19 % Gts,81e1/3, Ac.0-03 Gts, 93/6s5/2, Ac.0-06 % Gts, B1les4lz, Ac.0-.10 cts, 95/6a/3, Ac.O-26 3/a Gts and 97leet16dl2. Ac.0-04 Gts, Totaling an extent of Ac.7-10 % Gts, pending disposal of the writ Detition. Counsel for the Petitioner: SRI L ARANYA SAURABH Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER /I HON'BLE SRI JUSTTCE C.V.BHASKAR REDDY II/RIT PETITION No.32977 of 2024 ORDER: I This Writ Petition, under Article 226 of the Constitution of India, is liled seeking the following reiief: o...- Io issue an order or direction more particularlg one in the nature of Writ of Mandamus by declaring the action of the Respondent in displaying m11 agicultural land as hoase sites in the DHARANI Portat and not updating and mutating the agicultural lands in mA name and not issuing of neu Passbooks though the Agrianlture land is Registered in mg fauour through sale deed dated 17/ 1O/2019 uide docament No.8O99/2023 and without consideing old passbooks isszed as Agiculture land is cofttrary to the Articles 14, 19, 21 and 3OOA of the Constitution of India and. ROR Act as illegal, unjust and orbitrary and consequently direct the Respondents to correct the records in the DHARANI Portal updating the stqtus of the scheduled propertg as agicultural lond situated at Ramajipet Village, Yadagiigutta Mandal, Yadadri Bhuuanagii Distict compising the surueg Nos.92 ROO 1/3, Ac.0.1O Gts, 87 A 2 A 4/ 1, Ac. 0.37 1/4 Cts, 84 U/E, Ac. o.2O 1/4 Gts, 92/ROo/2, Ac. 3.37 1/4 Gts, 84D/4, Ac.O.OS Gts,93/EE/3, Ac.O.19 1/4 Gts, B1AA1/3, Ac.O.O3 Gts 93/EES/2, Ac.O.O6 1/2 Gts, 81/A4//2, Ac.0.10 Gts, 95/EEE/3 Ac. O.26 3/4 Gts and 97/AAAALE/2, Ac.O.04 Gts Totaling an ertent of Ac.7.1O 1/4 Gts and to consider representation dated 08.10.2021 and toke appropiate action for mutotion of the propertA in mg name uithout insisting on the uendors biometic thumb impression and to issue neru passbooks.-.."

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is stated that the petitioner is the pattadar al1d possessor of agriculture lands admeasuring Acs.7- 10 ,/+ 2 guntas situ:1ted at Ramajipet Village, Yadagirigr-rtta Mandal, Yadadri Bhuvanagiri District and the revenue authorities have issued pattadar passbooks in favour of the vendors of the petitioner as; per the provisions of the 'Telangana Rights in Land and Pattadar Pass Books Act, 1971" (for short Act, 197 l'1. It is lurther stated that when the Sub Registrar, Yadagiriguttar, refused to register the documents, he filed W.P.No.12010 of 2020 before this Court and the said writ petition rvas allowed on 16.O2.2023 directing the Sub- Registrar, \'adagirigutta, to process the sale deed in accordance u,ith law; and in compliance with the said orders, the Sub-Registrar has registered the sale deed vide document No.8O99 of 2023. It is further stated that the petitioner has submitted trrmber of representations before the respondents for mutation of his name in respect of the subject property and for consequential issuance of pattadar passbooks as per the provisions of the "Telargana Rights in Land and Pattzrdar Pass Books Act, 2020" (for short 'Act, 2O2O'1, but till date no action has been taken by the respondents on the said representatior r s. I I \ \

4. Learned Assistant Gove rnment Pleader for Revenue appearing for the respondents submitted that if the petitioner submits an online application in the Dharani Portal prescribed under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 2O2O (for short 'Act, 2020') for lSS11anCe of pattadar passbooks and title deeds as per the circular instructions uide CCLA's Circular No.l/2O24, dated

28.02.2024 issued by the Chief Commissioner of Land Administration, the respondents would consider the same and p."" appropriate orders in accordance with law.

5. In view of the said submissions, this Court, without expressing any opinion with regard to the right and entitlement of the petitioner in respect of the lands purchased by him through registered sale deeds and since his vendors were also issued pattadar passbooks as per the provisions of the Act, 1971, deems it appropriate to dispose of this writ petition permitting the petitioner to make a fresh online application as per the circuiar instructions uide CCLA's Circular No.ll2O24, dated 28.02.2024 issued by the Chief Commissioner of Land Administration for issuance of pattadar passbooks and title deeds. If it is found that the petitioner I I I satisfies all the requirements, the respondents are directed to pass a reasoned order within a period of four (4) weeks from the date of filing such application and communicate the same to the petition er.

6. With the above observations, this Writ petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand ckrsed. To, \ iiTRUE COPY// Sd/. A. SREENIVAS REDDY STITNT REGISTRAR SECTION OFFICER /

1. The Princil:al Secretary, Revenue Secretariat, Hyderabad. Department, State of Telangana,

2. Chief Commissioner of Land Administration, Nampally Station Rd, Opp. Annapurna Uotel, Abids, Hyderabad, Telangana 500001.

3. The District Collector, Yadadri Bhuvanagiri District, Telangana State. 4. The Revenue Divisional Officer, Bhuvanagiri Revenue Division, Yadadri Bhuvanagiri District, Telangana State.

5. The Tahsildar, Yadagirigutta Mandal, Yadadri Bhuvanagiri District, Telangana State

6. One CC to SRI l ARANYA SAURABH, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. IOUT]

8. Two CD Copies l\,,1P I I I HIIGH COURT CVBR,J DATED:2710112025 fi ESTAi€ d 21rEB Efi ?- ORDER WP.No.32977 of 2024 I I I I 0)cq" .7-\ L{ DISPOSING OF THE WRIT PETITION WITHOUT COSTS