T. Balaswamy v. 1. The State of Telangana

Petition under Arlicle 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 directions more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents more partrcularly the respondent No-5 in issuing lntegrated Check Memo dated 09-10- 2025 by rejecting the petitioner's Online Application No.2500033994 dated. 29-05- 2025 submitted for Missing Survey Number (TM-33 Modular), on the ground that the land an extent of 317-28 gts in Sy., No. 307 is recorded as Prabhutva Ceiling Kharju Khata, is without considering/whispering about the flow of title deeds, and proceedings issued in respect of the petitioner's land admsg., Ac.3-00 gts in Sy.' No.307/EE/E, situated at Gaiularamaram Village, Quthbullahpur Mandal, Medchal Malkajgiri District, TG, as highly ittegal, arbitrary, bad ard contrary to the provisions of Telangana Rights in Land and Pattadar pas,; Book Act-2020 and amounts to violation of Articles of constitution of lndia an<l crinciples of natural justice and set aside the same and consequently direct the respondents to issue the new Pattadar Pass Book to the petitioner in respect of the land admsg., Ac.3_ 00 gts in Sy., No.307/EE/E, situated at Gajularamaram Village, euthbullahpur Mandal, Medchal Malkajgiri District, TG fo(hwith in accordan,;e, with law. lA NO: 1 OF 2025 Petition under Section '151 CPC praying that in the circ,mstances stated in the affidavit filed in support of the petition, the High court ma7 5e pleased to direct the respondents and their subordinates, nol to interfere. u,ith the petitioner's peaceful possession and enjoyment over the land admsg ,Ac.3-00 gts in Sy., No.307/EE/E, siluated at Gajularamaram Village, eulhbullah:Lrr Mandat, Medchal Malkajgiri District, TG in any manner fo(hwith, pending disporral of the above W.p. Counsel for the Petitioner: SRI BETHI VENKATESWARLU Counsel forthe Respondents: MR. L. RAVINDER, AGp FOR REVENUE The Court made the following: ORDER I I I I I I I I I F. t Y THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.33894 of 2O25 ORDER: With the consent of both the learned counsel, this Writ Petition is disposed of at the stage of admission' This Writ Petition is filed under Article 226 of

2. Constitution of India seeking the following relief/s:- "... to issue an appropriate writ, order or directions more particutarly one in the nature of writ of Mandamus, declaring the action of the respondents more particularly the respondent No.5 in issuing Integrated Check Memo dated.Og lO 2025 by rejecting the petitioner's Online Application No.2500O33994 datcd 29-05-2025 submitted for Missing Sun'el' Number (TM-33 Modular), on the ground that the Iand an extent ot 3I7-28 gts in Sy.No.307 is recorded as Prabhutvzi Ceiling Kharju Khata, is without considering/ whispering about the flow of title deeds, and proceedings issued in respect f the petitioner's land admsg., Ac.3 O0 gts in 51" No.3O7 /EElE,, situated at Gajularamaram Village, Quthbullahpur Ma;rdal, Medcha-l Malkajgiri District, TG, as highly illegal, arbitrary, bad and contrary to the provisions of Telangana Rights in tand ald Pattadar Pass Book Act-2020 and amounts to Violation of Articles of Constitution o[ India and principles of natural justice and set aside the same and consequently direct the iespondents to issue thc ne'*' Pattadar Pass Book to the petitioner in respect of the land admsg.. Ac.3-OO gts in Sy' No.307/EE/E, situated at Gajularamaram Village, Quthbullahpur Mandal, Medchal Malkajgiri District, TG forthwith in accordance with law and pass such other order or orders .. "

3. Heard Mr.Bethi Venkateshwarlu, learned counsel for the petitioner and Mr.L.Ravinder, learned Assistant Government Pleader for Revenue representing learned Government Pleader for Revenue appearing for respondents. Perused the record. .,i 2

4. Learned counsel for th- petitioner subrnits that the petitioner ltas submitted an on-line application No.25OO033994 ciated 29.O5.2O25 to respondetrt No 5 under 'l:.: "aption of Missing Survey Number (TM-33 Itlodular) Jonq lvith a,ll the relevant documents requesting to issue neu' Pattadar Passbook by inserting thc nrissing survev No.3O7/EE/E and its extent as Acs.3.0O gts; that respondent No.5 issuecl Integrated Check Memo on 09-l( 2025 rejecting the on-line application of the petitioner on t n'j ground that "upon verification of the pahani for the vear 2rJi5-2016, the land admeasuring Acs.317'28 gts in Sy.No.30'; is recorded as "Prabhutva Ceiling Kharij u Khata".

5. FIe further states that the ofhcial respondents have neither issued any notice to the petitioner nor < onducted any enquiry or hearing with respect to the missirg exlent ol the iand of the petitioner in the said survey nttmbt r and the same is against the principles of natura-l justice. There'fore, he seeks to pass appropriate orders.

6. Learned Assistant Government Pleader lor Revenue contends that as per Integrated Check Memo at column No.1? t of enquiry report of the Tahsildar, the operative portion IS extracted as hereunder: - "lt is submitted that Notice (seven working days) has been published at concerned GiIMC ofhce and Tahsildar offrce on Dt: 25.06.2025 for calling clarn.s/ Obj ec':ons. In this stipulated period no claims/ objections were received to their oflice. In view of the above facts the request of t1.e applicalt for missing Sy No. (Tm33) is rejected." He submits that a Notice has been pubiished in the concerned GHMC Office calling for claims or objections; that seven days time has been stipulated thereunder which shows that there is deemed service of notice upon the petitioner. Hence, he states that the ollicial respondents have followed the procedure contemplated with regard to issualce of notice and therefore, seeks to dismiss the Writ Petition. 7 . Having regard to the submissions of both the learned counsel arrd a perusal of the Integrated Check Memo shor,r's that the on-line application of the petitioner \,vas submitted on 29.O5.2025, notice was issued by the official respondents I t ot 25.06.2025 claiming objections i.e., precisely atter (24) days. Thereafter, there is no averment in the Rejection order I I as to rvhether any clatm lobjection has been made by third parties. Without there being an1' enquin' on the said aspect, -+ respondent No.4 has passed. the impugred order on Og.lO.2025, r'r'hich is against the principles of natttral justice. Therefore, this Court is of the opinion tL at no thorough e.:rluirv has been caused by respondent No.'l rvilh regri ri tcr the claims/objections made by third parties. Hence, this Court is inclined to set aside the Integrated (ltreck Memo vide File No.B/76O12025 dated 09.1O.2025. Respondent No.4 is directed to re-exarnine the case of the petitioner and pass appropriate orders, as per the relevant provisions of the Telangana Bhu Bharathi (Record of Rights in t,and) Act, 2025 as expeditiously as possible, by issuing nol ice to the interested parties and affording them sufficie-rl, opportur-rity of hearing.

8. With the above direction, this Writ Petition is disposed of. No costs As er sequel thereto, miscellaneous petitions, il any, pending in the Writ Petition shall stand closerl Sd/.A.h.S. GOWRI SHANKAR ASSISTANT REGISTRAR /,4 t__7 \ SECTION OFFICER //TRUE COPY// To,

1. The Principal Secretary, Revenue Department, Telangar-a Secretariat, State of Telangana, Hyderabad, T,G

2. The District Collector, Medchal Malkajgiri District, Office irt lntegrated District Complex, Anthaipally Village,Shamirpet Mandal, l\rledclral lvlalaka.jgiri, District, TG "t fomorex, Anthaipailv virage,shamifi

3. The Joint corrector, Ir/edchar Markajgiri District, office at rntegrated District a ]fq Rgyelue Divisionat Officer, Matkajgiri Revenue Division, Medchat r,rrr'"J}ln,nL"JJLi rr,,rl"r"j6iI,'6i!i;i"t, Matkajsiri District,TS office ar vavupuli]Sainiriijrilr,,r-.i;ed;at, b-eJuiaerauao, TG 5. The Tahasildar, euthbullahpur Mandal, Medchal-Malkajgiri Diskict, T.G Office ^ a-t Galt.{aramaram, Medchai Matkajsiii bGi, ic '* ''- 9 9n" 9Q to SRt BETHT VENKATES"WACLU, Advocate [OpUC] 7. Two CCs to Gp FOR REVENUE, Hish 6u;i i;; ihe Stlte or t'eransana. 8. Two CD Copies Ml\ilT PMK \ E I HIGH COURT DATED:1011112025 ORDER WP.No.33894 ot 2025 I :\. t-- t ,J \-l i t |- {S $r \$ G ,.,i. ..4 !^ ) v 'b li ' ',,ii 1 DISPOSING OF THE WRIT PETITON WITHOUT COSTS \\