Ramavath Rajya Laxmi 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 appropriate writ, order or drrection more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondent Nos. 3 to 5, in non initiating to implement the letter through vide LrNo. 8.126812019 dated 1410212020 and non initiating lo cancel the illegal pattadar passbook of the Respondent No. 6 and 7 in respect of the Government land in Sy No. 5212/1 admeasuring Ac. 1-05gts and Sy No. 521212 admeasuring Ac. 3-02gts of Chandampet Village and Mandal, Nalgonda District is highly iltegal, arbitrary, unconstitutional and violation of Articles 14, 15,21 and 300- A of the Constitution of lndia and also in violation of Principles of Natural Justice, consequently direct the Respondents No. 3 to 5 to conduct enquiry and cancel the pattadar pass books issued in favour of the Respondent No. 6 and 7 in respect the land in Sy No. 52 of Chandampet Vrllage and Mandal, Nalgonda District which belongs to government by implementing the LrNo B.1268t2019 datec 14t02t2020 issubd by the then Tahsildar, Chandampet t\/andal, Nalgonda District. lA NO: 1 OF 2024 Petition under Section '151 CPC praying that in the circumstances stated in the affidavit filed in support of the petrtron, the High court nay be pleased to direct the Respondent Nos. 3 to 5 to conduct detailed enquiry in rr:spect of the land in Sy No. 521211 admeasuring Ac 1- 05gts and Sy No. 5212t2 ad:neasuring Ac. 3 02gts of Chandampet Village and lvlandal, Nalgonda District and cancel the patta in favour of the Respondent No. 6 and 7 pending disposal of the writ petition. Counsel for the Petitioner: SRl. RAPOLU BHASKAR Counsel for the Respondent Nos.'l to 5: AGp FOR REVENUE Counsel for the Respondent Nos.6&7: --- The Court made the following: ORDER 4 I 1 --Tr=ry .. ;:. r ::::.' I/ I I HONOURABI,E SRI JUSTICE C.V. BIIASKAR REDDY WRIT PETITIO N No.34575 of 2o24 ORDER This Writ Petition is frled to declare the inaction of the respondent Nos.3 to 5 in not taking any action on the letter bearing No.Bl26a/2019, dated 14 -O2.2O2O addressed bv Tahsildar/ Respondent No.5 to Respondent No'4/Revenue Divisional Officer, Devarakonda Division for cancellation of the pattadar passbooks of respondent Nos.6 and 7 in respect of government land in sy.No.52/217 admeasuring Ac'1 O5 guntas and Sy.No.52/2f 2 admeasuring Ac.3.O2 guntas of Chandampet Village ald Mandal, Nalgonda District as illega1, arbitrary, unconstitutional and rriolation of Articles 14, 15, 2l and 300-A of the Constitulion of Tndta. It is stated that petitioner is the pattadar of the land 2. admeasuring Ac.4.l7 guntas situated at Chandmpet Village ald Mandal, Nalgonda District in Sy No.52 and other sub division numbers. It is stated tlat the adjacent land was assigned in favour of respondent Nos.6 and 7 without following the grridelines issued under assignment by the government from time to time. lt is further stated that tlle lands assigned by the respondent authorities in favour of respondent Nos'6 and 7 are 2 CVBrf . J \\p 34576 _2025 , not in accordance with various government order and even without the respondents being in possession ol th,: subject land more particularly by misrepresenting the facts as if the respondent Nos.6 and 7 are in possession of the property. I: is further submitted that having come to know about the said fact of obtaining passbook by the respondent Nos.6 and 7 in respect of subject lands illegally, the petitioner submiLted ,rn application to Tahsildar i.e., respondent No.5 to conduct arr enquiry and thereby cancel the illegal patta granted in favour of respondent Nos.6 and 7 in respect of subject lands. Acr:ordingllr, the respondent No.S after verification of the records; addresse<l a letter bearing No.Bl268/2019, dated 14.O2.2O2O to Respondent No.4/Revenue Divisional Ofhcer, Devarakonda lrivision for cancellation of the pattadar passbooks issued in favour of respondent Nos.6 and 7 in respect of subject lancls stating t.aat there is no record standing in the name of resprondent Nos.6 and 7 either for mutation of records or consequential issua:rce of pattadar passbooks in respect of subject lands.

3. The grievance of tlre petitioner is that takinll advantage of the illegal mutation entries, the respondent Nos;.6 and 7 are trying to enter into the agricultural land of the petitioner. It is "Ji-""r.rt _-.r,.Lzitl ., ,// / 3 CVB& J wp_34576_2025 further grievance of the petitioner t-hat even though the petitioner approached respondent No.S to cancel the patta of respondent Nos.6 and 7, the respondent No.S did not take any action. Thereafter, the petitioner approached respondent Nos 3 and 4 and requested to conduct enquiry and czrncel the Patta of respondent Nos. 6 and 7 but there was no response. Hence, this Writ Petilion.

4. Considered the submissions of Sri Rapolu Bhaskar, learncd counsel for the petitioner and Sri L- Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents and perused the record.

5. In view of the aforesaid submissions and since it is stated that Tahsildar has addressed letter bearing No-Bl26a/2O19' dated, 14.O2.2020 to Respondent No.4/Revenue Divisional Offrcer, Devarakonda Division for cancellation of the pattadar passbooks issued in favour of respondent Nos.6 and 7 in I respect of subject lands, this Court without expressing any opinipn on the right and entitlement of respondent Nos 6 and 7, deems it fit and appropriate to dispose of the petition with a direction to the respondent No.4 to conduct an enquiry in respect of tJle subject lands after issuance of notice to the 4 CVB R, J wp 14576 2C2 5 petitioner and all other interested parties, affectcd parties end in the enqurry if it is revea.led that wrthout folhrving the cine procedure contemplated under law the assignm(.nt ol subject lands was made in favour of the respondent Nos.6 and 7, ar-r appropriate action shall be initiated in accordance urth law within a pcriod of three months from thc date of rr:cr-'ipt of 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 petition.^ pending, if any, shall stand closed. SD/-A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR t t //TRUE COPY// \ ECTION OFFICER To, 1 2 3 4 6 7 8 KKS BS The Principal.Secrelary, Revenue Department, Secre. ariat Buildirrgs, Secretariat, Hyderabad The Chief Commissioner of Land Administration, Telangana, Hyderabad The District Collector, Nalgonda District, at Nalgonda The Revenue Divisionar officer, Devarkonda Division, Nargonda [)istrict. The Tahsildar, Chandampet Mandat, Nalgonda District One CC to SRI RAPOLU BHASKAR Advocate tOpUll l-wo CCs to GP FOR REVENUE ,High Court for the State of Telangana. Two CD Copies HIGH COURT DATED:0710712025 ORDER rJ a i;-,r. - C,^\ a) c) 0 B sEP 2025 WP.No.34576 of 2024 D{ 1,';_ 11 '11 ,1) - DISPOSING THE WRIT PETITION WITHOUT COSTS @