The High Court · 2025
Case Details
Acts & Sections
M/s Vision Resorts, a partnership firm. having lts reoistered office at 5-9- by it} Authorized 3ot 1 t 17 t 17 A, Ground ?,r,iJr,''b"J.iiJ"iriasn, rlyo"erauad,-Rep. Sionatory Lekkata p,]-."niinzrirrr"ir-s'to pdorrnabha Naidu ased about 57 ;;?ffid Fili N;:,i;1t)?ij N; ;'-g iH ;''s t'G' Raie nd ra n a ga r' R R' District' ...PETITIONER AND
1. The State of Telangana' rep by its Principal Secretary' Revenue Department Secretariat, HYderabad'
2. The Additional Collector (Rev), R R'District' 3. The Revenue Divisional Officer' Rajendranagar Division' R'R'District' 4. The Tahsildar, Shamshabad Mandal R R District' I ,..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' more particularly one in the nature of Writ of lMandamus, to declare the action of the respondent Nos 2 and 3 herein in issuing the impugned order bearing Report No' B/Shamshabad/TM-24-No.RC2400007871dl.11l2o24rejectingtheapplication No.RC240000TST,1submittedbythepetitionerforissuanceofthePattadarPass Book and Title Deed in respect of the land admeasuring ac' 1'00 gts ' in Sy No' 152lAA situated at Sulthanapally village' Shamshabad Mandal, R.R.District' properlY verifYing basing on the report of the 4th respondent without unconstitutional and the records, as being illegal, arbitrary' unjust and consequently set aside the same by directing the respondent authorities to issue the pattadar pass book and tifle deed to the petitioner in respect of the above mentioned land IA NO: 10F 2024 Petition under section 15'1 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 Respondent No.2 and 3 herein to re_consider the application No. RC24OOOOI 871 by suspending the impugned order bearing Report No. B/ShamshabadrrM-24-No. RC2400oo7B7 1 dt.11t2024, pending disposar of the main Writ Petition. Counsel for the petitioner: SRI M. LAyEEe KHAN Counsel for the Respondents: SRt L. RAVINDER, Acp FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTTCE K. LAKSHMAN WRIT PETITION No.3552 90 F 2024 ORAL ORDER: Heard Mr.M.Layeeq Khan, Iearned counsel for the petitioner and Mr.L.Ravinder, leamed Assistant Government Pleader for Revenue. 2 Petitioner herein is claiming that it is the absolute owner and Possessor of land admeasuring Ac'1'00 guntas Sy.No.52lAA, situated at Sulthanapally Village' Shamshabad Mandal, Rangareddy District, on the strength of a registered sale deed bearing Document No'3953 of 2006' dated 31'12'2005' It has also purchased the other land under the very same sale deed' In proof of the same, petitioner has filed copy of the said sale deed and also latest pattadar passbook-cum-title deed of its vendor
3.Petitionerhassubmittedonlineapplicationbearing No.RC24000Ol87l, dated 29'09'2024 with respondent No'2 - I 2 .1 District Collector, Rangareddy District, with a request to mutate its name in respect of the subject property and for issuance of pattadar passbook. Instead of District Collector, Rangareddy District, considering the said application, respondent Nos.2 to 4 rejected the said request made by the petitioner vide impugned, order dated xxlll/2024 on the ground that SLp flled by the State before the Apex Court is pending in respect of the subject propefty. Challenging the said proceedings, petitioner filed the present writ petition.
4. Vendors of the petitioner filed a writ petitio n vide W.P.No. 14038 of 2005 against the respondents therein seeking Writ of prohibition, prohibiting the Governmln, o, Andhra Pradesh, represented by its Secretary, Revenue Department, in proceeding further with enqulry pursuant to notice in File No.Fl/7417/1990, dated 21.06.2005 and for conseq uential direction to respondents not to interfere with the possession and enjoyment of the petitioners therein over the subject propefty. Vide ord,er dated 05.06.2009, the writ petition was allowed with a J liberty to the State to pursue if so advised, appropriate remedies before the Civil Court of Competent jurisdiction with regard to the subject land and if any such proceedings are initiated by the State, the appropriate Court shall adjudicate thereupon accordance with law.
5. Feeling aggrieved by the said order, State has filed an appeal vide W.A.No. I 875 of 2013 . Vide order dated 26.09 .2023 , this Court dismissed the writ appeal.
6. It appears State has filed Special Leave Petition (SLP) vide Diary No.42339 of 2024. Though the said SLP is of the year 2024, State is not pursuing the same. State can't contend that it has filed SLP. The said SLP is not even numbered. On the said ground, respondent Nos.2 to 4 can't reject the request made by the petitioner, to mutate its name in respect of the subject property i.e., land admeasuring Ac.l.00 guntas in Sy.No.52lAA, situated at Sulthanapally Village, Shamshabad Mandal, Rangareddy District. I 4 \. -- - .{
7. As discussed supra, online application submitted by the petitioner was under Dharani portal. As per the Telangana Rights in Land and Pattadar pass Books Act,2020, District Collector is - the Competent Authority. Therefore, respondent Nos.2 to 4 can,t reject the said application. In the Telangana Bhu Bharati (Record of Rights in Land) Rules, 2025 (for shorr, . rhe Rules, 2025,), competent Authorities are specified in Schedure A of the Rures, 2025 basing on the valuation mentioned in the Schedule B of the Rules,2025.
8. In the light of the same, this Writ petition is disposed of setting aside the impugned order dated xxllll2O24 passed by respondent Nos.2 to 4. Further, the matter is remairded back to respondent Nos.2 to 4 with a direction to re-consider the online application bearing No.RC2400007871, dated 29.09.2024 submitted by the petitioner with a request to mutate its name in revenue record in respect of the subject proper[, i.e., Ac. 1.00 guntas in Sy.No.52lAA, situated at Sulthanapally Village, Shamshabad, Rangareddy District and for issuance of pattadar t I I I 7 5 passbook. Basing on the market value' if respondent No'4 is not competent, he has to transfer the said online application to the Competent Authority as specified in Schedule A of Rules' 2025 and Competent Authority shall dispose of the same within thirry (30) days from the date of receipt of a copy of this order' In the meanwhile, liberty is also granted to the respondents to pursue thesaidSLPandobtainingorder,itshatlfitecopyofthesame with respondent Nos.2 to 4' In the circumstances of the case' there shall be no order as to costs' As a sequel thereto, miscellaneous petitions' if any' pending in the Writ Petition shall stand closed' SD/-B. REKHA RANI ASSISTANT REGISTRAR //TRUE COPY// SEC FFICER To, 1 . The Principal Secretary, Revenue Department Secretariat' The State of Telanoana' HYderabad' z. iFii'ntiiiiiinalcottector 1nev), .tTi3"tJl#*rr Division, R R District. 3 The Revenue Divisionat l, i}r tTi{:l fl "x*!;!iy *' m, fi'?"i:.[",s1," or re a ns a n a a'i Hvderabad [OUTI Trlro CD CoPies 7 TJ LS HIGH COURT DATED:18 t0gt2121 ORDER WP.No.35529 of 2024 '':-1- ', ,'.- sEP 2025 I DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ 011 ]t16