Surja [\4andal @ Mandal Surjo Kanth v. I The State of Telangana

Petitron under Article 226 of the Constitution of lndia praying that rn the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ or direction, holding that the action of the Respondent No.3 in rejecting the Application of the Petitioner dated 09-1 1-2024, filed through Mee-Seva vide Transaction ld No.04T002400001 128 and Dharani Reference No.2400122368, under TM33 for issuance of passbook and data correction in respect of the agricultural land in Sy.No.231281, measuring Ac.03-00 gts. in Nazrulnagar Village No.3, Kagaznagar Mandal, Komurambheem Asifabad Drstrict, without assigning any reasons and without affording any hearing opportunity to the Petitioner, is illegal, arbitrary, motivated, mahcious,.without lurisdiction, amounts to discrimination and victimization, against the principles of Jdstice and fair play and vrolative of Articles 14, 11 ,21 & 300A of the , rstitution of lndia and consequently may be please to cli- ct the Respondents to issue the E-Patta passbook to the Petitioner in r€)s I ect of the land in Sy.No.23l281, measuring Ac.03-00 gts- in Nazrulnagar Vil!e1 e No.3, Kagaznagar lvlandal, Komurambheem Asifabad District, in pursuance of lre Application of the Petitioner dated 09-11-2024, filed through lVlee-Seva ,ide Transaction ld No 04T00240000112B and Dharani Reference No.240011111 68. under TM33 for issuance of passbook and data correction. lA NO: 1 OF 2025 Petitron under Section 151 CPC praying that in the c r ;umstances stated in the affidavit filed in support of the writ petition, the High Cc r rt may be pleased to issue the E-Patta passbook to the Petitioner in resp:ct of the land in Sy.No.231281 , measuring Ac.03-00 gts. in Nazrulnagar Vilia ;e No.3, Kagaznagar Mandal, Komurambheem Asifabad District, in pursuance ,t he Application of the Petitioner dated 09-11-2024, filed through Nrlee-Seva vide Transaction ld No.04T002400001128 and Dharani Reference No.2400122 368 under TN/33 for issuance of passbook and data correction immediately, dr ring the pendency of writ petition. Counsel for the Petitioner: SRI MD.AJMAL AHMED Counsel for the Respondents No.1to4: SRI L.RAVINDER, r,GP FOR REVENUE The Court made the following: ORDER {-: - e::i;i tri THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.34653 of 2O2S ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief "...to poss an order or direction more partianlarlg one in the nature of wit of mandamus or ang otler appropriate urit or direction, holding that the action of the Respondent No.3 tn rejecting the Application oJ the Petitioner dated 09-11-2024, filed through Mee-Seua uide Transaction Id No.O470024OOO01128 and Dharani Rekrence No.2400122368, under TM33 for issuance of passbook and data correction in respect of the agncultural land in Sg.No.23/281, measuing Ac.O3-OO gts. in Nazrulnagar Village No.3, Kagoznagar Mando[ Komurambheem Astfabad District, tuithout assigning ang reasons and toithout affording any hearing opportunitg to the Petitioner, is illegal, arbitrary, motiuated, malicious, tuithout juisdiction, omounts to discrimination and uictimization, against the pinciples of notural justice and fair plog and uiolatiue of Arttcles 14, 19, 21 86 3O0A of the Constitution of India and consequentlg mag be please to direct the Respondents to issue the E Pdtta passbook to tLrc Petitioner in respect of the land in Sg.No.23/281, measuring Ac.O3-00 gts. in Nazrulnagar Village No.3, Kago.znagar Manda[ Komurambheem Asifabad District, in pursuance of the Application of the Petitioner dated 09- 11-2024, filed through Mee-Seua uide Transaction Id No.04TOO24OOOO1128 and Dharani Reference No.24O0122368, under TM33 for issuane of pa.ssbook and data correction and to pass..." -\ -/ l'agc 2 of6

2. Heard Sri Md Ajmal Ahmed, learned cour sel for the petitioner and Sri L.Ravinder, learned Assistart ( lovernment Pleader lor Revenue, for the respondents and 1 crused the record.

3. Learned counsel appearing for the petit i )ner would submit that the forefathers of the petitioner we - : citizens of Bangladesh and were victims of religious repress i tn in 1960s and the then Indian Government established rcl rgee calnps and allocated land for their rehabilitation with f r ailies to an extent of Acs.5.OO guntas of dry' land and Acs .-.00 guntas wet land for farming and the sarne was a part of planned rehabilitation effort. Accordingly, the said ro ugees were settled in 16 camps across Kagaznagar, Kouta,l: and Sirpur (T) Mandals ol the then Aditabad District nor.r, l.B Asifabad District. The lather of the petitioner namely Sr der Mandal was also one of the vtctims and therefo.e he was rehabilitated and was a-llotted Acs.3.00 guntas government land in Sy.No.23/28 1 in Nazurlnegar Vi lage No.3, Kagazn agar Mandal, KB.Asifabad District erst\vt- ile Adilabad {!&*l6iri-t '..t;r--$i-'iJr ',/ - Pagc 3 of6 District and he was in possession of the same during his lifetime.

4. After the demise of the petitioner in the year 1993 and the petitioner having inherited the said property and eking his livelihood by doing cultivation. The revenue authorities also recorded the name of the petitioner as possessor in the pahanies. Respondent No.4 having made a thorough inquiry issued a possession certificate to the effect that the petitioner is in physical possession of the said land. The state government under the Laoni Rules contained in G.O.Ms.No.1405, dated 25.07.1958 r/w. G.O.Ms.No.l724, dated 26.08.1959, had granted laoni pattas to all the allottees in Nazrulnagar Villages No.1 to 14, duly issuing the patta passbooks. The petitioner also stands on the same footing, therefore the petitioner filed an application dated

09.11.2024, through Mee-Seva uide Transaction Id.No.O4TOO24OOOOll2B and Dharani Reference No.240O122368, under TM33 for issuance of passbook and data correction. i Page 4 of6

5. The said application of the petitioner was, rejected by respondellt No.3 without assigning any reasorL i rrd urithout granting an], hearing opportunity to the pel i , oner. The petitioner approached respondent No.2 on 27 .l ).2025 and his subordinates informed that the case of the retitioner is dealt rvith by respondent No.3. Therefore, on 28. lO.202S the petitioner approached the office of respondenl I-o.3 and he was informed that the application of the pet I :oner dated

09.11.2024 under TM33 uide Dharani reference No.240O122368 has a1read1, been rejected, r I erefore the petitioner inquired in Bhu-Bharati web portal zLrr I found that the said application of the petitioner is -ejected by respondent No.3 .

6. Respondent No.3 without considering I he revenue records, the possession certificate and the : aim of the petitioner regarding the gralt of patta passbook, rejected the application of the petitioner without affor,l ng hearing opportunity, which amounts to discrimination as all other refugees have been granted patta passbool: by wa1, of i r I I l'agc 5 of6 assignment. The petitioner filed number of applications for grant of E-Pattedar passbook, but the sarne were never attended by the respondents. Hence, the present writ petition. 7 . l,earned Assistant Government Pleader for Revenue would submit that respondent No.3 has considered the Application submitted bv the petitioner and upon verilication only rejected the application made by the petitioner.

8. In the light of the aforesaid facts and circumstances of the case, this Court is of the opinion that respondent No.3 without assigrring any specific reason has simply rejected the application made by the petitioner, which is arbitrary and unconstitutional. Accordingly, this writ petition is disposed of, directing respondent No.3 to consider the Application No.2400122368, dated 19.11.2024 submitted by the petitioner, strictly in accordance with law by putting the petitioner and a-il affected parties on notice and aflording them an opportunity. If respondent No.3 is not inclined to accept the request made by the petitioner, he shall pass an Page 6 of6 order assigning specific reasons arrd communi I tte copy of the said order to the petitioncr. He shall complet r the entire exercrse r.t ithin a period of sixty (60) rvorking rl I rs from the date of receipt of a cop1, of this order. There sh:rll tre no order as to costs As a sequei, miscellaleous petitions, if ar 1., pending, shall stand dismissed. //TRUE COPY' ;D/- L.VIJAYA LAXMI AS{ ISTANT REGISTRAR G' sEcTtoN oFF|CER To, Kagaznagar. Ambedkar Secrera riat.'tetansJni biii"] nvjiri6orc 1 The Principal Secretary, Revenue (Assignment) Dep;rrl nenr, Dr. B.R. 2 The District colector, Komurambheem Asifabad Distri : ;rt Asifabad. 3. The Sub Collector/Revenue Divisional Offrcer, Kagazn: )ar Dtvrston at 4. The Tahsildar Kagaznagar Mandal at Kagaznagar. 5. One CC to SRI MD AJMAL AHMED, Advocate. [OpUo 6. Two CCs to Gp FOR REVENUE, High Court for the S,: te of Tetangana. 7. Two CD Copies. lou! BSK TKS j I ! I I I I I I ! I l l I ! I HIGH COURT DATED:1 411112025 f,. I i1c S ( C) C ) r ir1R 201[ E * ( i)4rc * ORDER WP.No.34663 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ",i)'r 51na'.,::i-; . :zrir,: r;ar., : _:t:.; :..... -_ . . +trii): ..;:" .,,=: .si#*!