✦ High Court of India · 27 Oct 2025

1. Mrs. Hasmath Bee v. The State of Telangana

Case Details High Court of India · 27 Oct 2025
Court
High Court of India
Decided
27 Oct 2025
Bench
Not available
Length
1,129 words

2. The Collector, Nalgonda District, Srinivas Colony, Miryalguda Road, Nalgonda District -508001. ,

3. The Revenue Divisional Officer, Chandur, Nalgonda District -508255. 4. The Tahsildar, Munugode Mandalam, Munugode Village Nalgonda District -

5. Mohammed lsmael, S/o late Abdul Khader Aged about 63 years Occ. Business, FUo H.NO. 17-1-25O1N1, Flat No. 503, Cozy Apartment, beside Shaik Residency, Santoshanger, Hyderabad -500059

6. Mohd. Yousuf, S/o Mohd. Gafoor and S/o late Shareefa Bee' Aged about 52 years Occ. Business R/o H.NO. 12'2-8221817 , Venkanna Nagar Colony, Mehdipatnam, Hyderabad -500028. ...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 a writ Order or Direction more particularly one in the nature of Writ of Mandamus to declare the inaction of the respondents NO. 1 to 4 for not taking any action against the issuance of Patta Pass Book No. vide patta NO. ',l037, in ther name respondent NO. 5 and in the name of late Shareefa Bee who is wife of Abdul Ghaffoor vide Khata NO. 1821, for the agricultural lands in Survey NO. 42211, admeasuring Acc.2.4 and Survey NO. 42311, admeasuring 1.0400, guntas, respectively, situated at Munugodu Mandal, Nalgonda District, is illegal, arbitrary, uljust and against principles of natural justice and against all settled principles of law consequently direct the respondents to take immediate action to cancel the {iame. lA NO: I Ol= 2025 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 rt:spondents NO. 1 to 4 not to entertain any kind of alienation of subject matter of property under execution of Sale Deed, Mortgage, let-out, etcetera, the agricultural lands in Survey NO. 42211, admeasuring Acc. 2.4 and Survey NO. 42311, admeasuring 1.0400, guntas, respectively, situated at Munugodu Mandal, Nalgonda t)istrict, in favour of third parties, pending disposal of the main writ petition. Counsel for the Petitioner : SRI SYED KAREEMUDDIN Counsel for the Respondents No.1to4: SRI L.RAVINDER, AGP FOR REVENUE Counsel for the Respondents No.5&6 : -- The Court made the following: ORDER THE HONOIIRABLE SRI JUSTICE E.V.VENU(X)PAL WRIT PEIITION No.S2356 of2025 ORDTR: Aggrieved by the inaction of respondent Nos. I to 4 in not taking any action against the issuance of patta passbook-uide patta No. 1037 (1820) in the name of respondent No.S and Khata No. 182 I in the name of mother of respondent No.6 for the agricurtural .rands in Survey Nos.422/1 and 423/L admeasuring Ac.2_O4 guntas and Ac. 1-04 guntas respectively situated at Munugodu Mandal, Nargonda District, the present writ petition is filed. A corisequent prayer is sought to direct respondents to take immediate action to cancel the same. 2 Heard learned counsel for the petitioners and Mr. L.Ravinder, learned Assistant Government preader for Revenue appearing for respondent Nos. 1 to 4. 3- Learned counsel for the petitioners submitted that the property in question is the property acquired through inheritance (matrooka property), where pattadar passbooks were obtained by the respondent Nos.S and 6 by playing fraud on the official respondents and pattadar passbook No. 1820 was issued by respondent No.4 in the name of respondent No.5 on o6.r2.2oL6 and since the petitioners are residents I I 2 of Hyderabad, the said fact was not known to them. On coming to the said fact, the petitioners issued legal notice dated 30.08.2025 to- respondent No.4 calling upon him to cancel the said patta passbook uide No.lO37 issued in the name of the respondent No.5 and Khata No. 1821 in the name of mother of respondent No.6. But till date, no action / reply has been initiated to the said notices. It is further submitted l:hat a reply has been given by respondent No.S on

16.09.2025 to the petitioners' counsel stating that it is an admitted fact that land in Survey Nos.422/1, 42212 admeasuring Ac.2-O4 guntas and Ac. 1-04 guntas respectively situated at Kristhapuram Village is ttre property inherited through their father. It is further submitted fhat the rightful entitlement of the petitioners has been deprived at the behest of respondent No.S by respondent No.4 and seeks to pass appropriate orders.

4. karned Assistant Government Pleader for Revenue while taking objection to the submissions of petitioners' counsel, submitted that frrstly, the petitioner has challenged the patta passbook issued in the year 2016 i.,e. after a lapse of nine (09) long years and secondly, that official respc,ndent No.4 does not have any power vested upon him to cancel the said patta passbook and further submitted that the only option left open to the petitioner is to approach the Civil Court and hence would submit that this writ petition is misconceived and seeks to dismiss tt.is writ petition. l ,7 3

5. This Court having heard learned. counsel for the petitioner and _ learned Assistant Government Pl'eader for Revenue appearing for respondent Nos. L to 4 and upon examination of the material placed on the record, without making any observations on merits and demerits of the case, deems it appropriate to direct respondent No.S to give reply to the notice issued by the petitioner herein in a proper proposition prevailing to the petitioner herein strictly in accordance with law as expeditiously as possible.

6. With the above directions, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any pending, in this petition, shall stand closed. /TRUE COPY/ sD/- M. NAGAMANI ANT SECTION OFFICER Secretariat, To, t \ SecretarY, Revenue DePartment' District -508001 I The PrinciPal Hyderabad. 2. The Collector , Nalgonda District, Srinivas Colony' 3. The Revenue Divisional Officer, Chandur, Nalgonda District -508255 4. The Tahsildar, Munugod eMandatam,MunugodeVillageNalgondaDistrict- 5. One CC to SRI SYED KAREEMUDDIN' Advocate' [OPUCI 6.TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelangana.

508244. a Road, Nalgonda

7. Two CD CoPies' BSK BM g\\ HIGH GOURT DATED:2711012025 o.J Y * lHE S 28 I I 202 t 6 * ORDER WP.No.32356 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS G\P s, x$

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