The High Court · 2025
Case Details
Counsel for the Petitioner: SRI AKKAM ESHWAR Counsel for the Respondent Nos.1 to 4: SRI L. RAVINDER, AGP FOR REVENUE Counsel for the Respondent No.5: -- The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.35O1O of 2025 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is Iiled seeking the following relief: "...to issue a Wit Order or Direction more particularlg one in the nature of Wnt of Mandamus declaing the action of the Respondents particularlg Respondent No.3 and 4 in interfeing into the peaceful possession and enjogment of the Petitioners ogicultural tand in Sy.No.S|/ 2/ 2 to an extent of Ac.0.31 gts out of the ertefi of Ac.1.32 gts situated at Yenugonda ViIIage, Mahobubnagar [Jrban Mandal and Distict under the guise of surueA at the instance of Sth Respondent inspite of order of this Honourable Court in W.P.No.33a53 of 2O23 setting aside the ntutotion proceedings passed in fauour of the Sth Respondent and pending suit in O.5.No.159 of 2024 and repeated representations dated 13.1O.2O25 and 15.11.2025 as illegal, arbitrary in uiolation of pinciples of natural justice and also against the prouisions of the Telangana Surueg and Boundaies Act, 1923 and against atl settled pinciples of law and consequently direct the respondent No.3 and 4 not to interfere and not lo dispossess from the peaceful possession and enjogment of the Petitioners agicultural land to dn ertent of Ac.O.31 gts in Sg.No.81/2 situated at Yenuguda Village, Mahabubnogar Mandal ond Distict-..'
2. Heard Sri Akkam Eshwar, learned counsel appearing for the petitioner and Sri L. Ravinder, learned Assistant Page 2 of9 Government Pleader for Revenue, for responcir rt Nos.1 to 4 and perused the record
3. Learnecl corlnsel appearing for the pct tioner r,rrould slrbmit that the petitioner herein is the absol, e owner and possessor of land to an extent of Ac. 1- 17 it, s out of the extent of Ac.1-32 gts in Sy.No.8l/2/2 situated t Yenugonda Village, Mahabubnagar Urban Mandal and I istrict. The revenue authorities aiso issued pattedar pass >ook uide E- Pirssbook bearing No.TO1160040636, uide Ka a No.476 ir.r the name of the petitioner and the name of tlt pr: titioner is also reflecting in all the revenue records inclurl eg ROR 1-8. The petitioner is eking his livelihood by doing uitivation in the subJCCt property.
4. To meet his personal necessities, the petit rner sold an extent of Ac.O-06 gts out of Ac.1-17 gts in Sy.h-( 8l /2 to one Purendar Reddy through registered sale i :ed bearing document No.7386 of 2009, dated 22.12.2009. lowever, the delivery was not given to the vendee and agreed r deliver the physical possession of the property only ofl pi.. ment of the balance amount. Similarly for his legal requirerc :nts sold an Page 3 of9 extent of 121O Sq.yds to one Jogu Anjaney.ulu through a registered sale deed bearing document No.891 1 of 2O 13, dated 12.09.2013. However, the delivery was not given to the vendee and agreed to deliver the physical possession of the property only on payment of the balance amount Though the petitioner sold the above extent is equal to Ac. 0- 16 gts lands through Registered Sale Deeds but no physical delivery was given and no mutation was effected in favour of the vendor's of the petitioner herein and the petitioner name is reflecting in E-passbook as well as in revenue records. The petitioner sold 1210 Sq.yards ln Sq.yards basis only and paid the stamp duty as per sq.yard rate.
5. A1l of a sudden, the name of the petitioner is replaced with name of respondent No.5 in respect of Ac.0-06 guntas and 121O Sq.yds. When the petitioner enquired about the same, he came to know that respondent No.5 entered into sale deed with the petitioner's vendee's narnely Purender Reddy through registered sale deed bearing document No. 6652 of 2Ol7 dated 21.06.2017 and also through registered sale deed bearing document No. 13255 of 2016' dated Page 4 of9
04.lO.2016 lrom the petitioner's vendee Jogr Anjaney,ulu. The said Sale deed dated 04.1O.2016 was exe(r ted in Sq.yds basis. The oetitioner further came to know thal the mutation proceedings were taken place in favour of I)u encler Reddy through Proceedings No.C/ROR/ 1 174 I 2014.
6. The petitioner obtained information un([ r RTA about the mutation Proceedings, surprisingiy restr rndent No.3 office issued endorsement dated 14.09.2023 slt :ing that File No.C/ROR/ l174l2014 is related to mutation rr Ration Card ol Mohamrnad Ajijulla S/o. Mohammad, t rerefore thc mutation proceedings are fabricated and creatr: in favour of Purender Reddy to get passbook. Without issur g any notice to the petitioner, the name of the petitioner wa; Celeted tlom the petitioner's e-passbook bearing No. TO 1 1t )04O636 by entering the names of 3.d parties 7 . It is pertinent to submit that though the p titioner sold the property long back but no mutation wa: affected in favour of the petitioner's vendees as they harr to pay the balance sa-le consideration, therefore, the peti i Iner's name is continued in revenue records as well as in hi; ---Passbook. Page 5 of9 There was a REVOKE OPTION in respect of Aadhar in Web Land Portal and taking advantage of this REVOKE OPTION, the revenue authorities in coilusion with unknown persons linked the third parties Aadhar Cards.
8. The petitioner filed several applications/ representation before the revenue authorities including respondent No.2 and thereby requested to restore the entries illegally deleted from the passbooks of the petitioner by passing a detailed enquiry. When there was an attempt to trespass into the subject land by one Raghavendra Raju at the instance of respondent No.5, the petitioner filed a criminal complaint and the same was registered in FIR No.107 of 2023 for the offences punishable under Sections 420, 447, 323, 504 & 506 IPC and also under Section 3 (1) of SC & ST POA Act. Respondent No.3 colluded with respondent No.5 and issued passbook in her favour and the same is clearly establishes with his action in sending the Iile to the Special Tribunal The special Tribunal sent so many reminders to respondent No.3 to send File No.C/1924/2019. Finally respondent No.2/District Collector issued Show Cause Notice dated Page 6 of9
24.0\.2022 which itself shou, the conduct f respondent No.3 that they are in active collusion with respr ndent No.5. 9 Since the petitioner's grievance in file Nc : I lc)24 l2Ol9 \r,as not t:lkcn up, the petitioner was apl roached this Hon'ble Court by fi1ing W.P.No.14889 of 2022 f, conduct an enquiry about the illegal changes in favour f re spondent No.5 by dele ting the lands from the petitione ' s passbook. This Court uide ils order dated 21.O9.2022 h:; disposed of the said W P. by directing the special triburL I to conduct necessary e nquir-v into the matter by putting r I the parties on notice ancl pass appropriate orders. In prr suant to the direction dated 21.O9.2022, the Special Tribr-rrr .l passed the impugned orcler, giving liberty to the petitionr I to approach the Competent Civil Court for seeking re lressal uide impugned order dated 12.O7.2023. 1 0. The Tribunal failed to appreciate that the revenue entries/changes are affected without any r') rtice to the petitioner, by using unknown persons Aadlr r Cards by using REVOKE OPflON. The Special Tribur rl not even considered any documents filed by the petitio: )r to restore Page 7 of9 the entries. Accordingly, the petitioner approached this Hon'ble Court by hling W.P.No.33453 of 2023 against the above impugned proceedings and this Hon,ble Court uide its order dated has allowed the said Writ petition by setting_ aside mutation proceedings uide C/ROR/ 1lZ4 /2014 passed in favour of the alleged vendor of respondent No.5 and remanded to the Tahsildar/respondent No.3 to conduct fresh denova enquiry after issuing notice to the petitioner herein and al1 other persons whose names are recorded and entered/effected by any of the orders passed in respect of the subject land admeasuring Ac.O-16 gts and 1210 Sq.yds within a period of three (3) months.
11. In pursuant to the direction dated 17.03.2025, the RDO and respondent No.3 issued notice dated 03.Og.2O2S and respondent No.3 issued notice dated 22.10.2025 in proceedings No.B/332a/2O25 informing date of hearing on
28.10.2025 at 11:00 A.M. The petitioner appeared before respondent No.3 and submitted a detailed explanation as well as relevant records on 25.10.2025 and also appeared on the date of hearing on 28.10.2025 and the same is pending. Page 8 of9 The petitioner aiso initiated Civil Suit uide ( .S.No.159 of 2024 against respondent No.5 for cancellation of registered sale deed bearing document No.5610 of 201O, dated
27.O7.2O1O and the same is pending before ,. e learned III Additional Junior Civil Judge, Mahabubnage r While the things stood, lgnoring the order dated 17.03.2,1 15 passed by this Court in W.P.No.33453 of 2023, responden Nos.3 and 4 visited the property on 13.77.2025 and tired tc nterfere with the peaceful possession and enjoyment of the : :titioner over the subject property. Aggrieved by the same, he petitioner submitted representations dated 13.1O.2025 an [ 15. 11.2025 to the respondents to conduct survey, but in a1n Hence, tlle present writ petition.
12. Learned Assistant Government Pieader lor Revenue would submit that the petitioner filed the rresent writ petition presumptions and assumpti .ns. The respondent-authorities have neither taken an' action nor interfered with the peaceful possession of the : :titioner and if any action is to be taken, the respondent ar ,horities will follow due process of law by putting the petitior:, r on notice ! j I I i I Page 9 of9
13. In the light of the aforesaid facts and circumstances of the case and upon perusing the material available on record, this Court does not see any ground or reason to entertain the present writ petition. Under these circumstances, this Writ Petition is devoid of merit and is accordingly dismissed There shall be no orders as to costs. As a sequel, miscellaneous petitions, if any, pending, shali stand dismissed sD/-c. ASSISTANT PIKA ISTRAR //TRUE COPY// SECTION OFFICER 'l . The Principal Secretary, Revenue Department, O, M Amedkar Bhavan, Secratariat, The State of Telangana, Hyderabad.
2. The District Collector, Mahabubnagar District. 3. The Tahsildar, Mahabubnagar Urban Mandal, Mahabubnagar District 4. The Mandal Surveyor, Mahabubnagar Urban Mandal, Mahabubnagar District 5. One CC to Sri Akkam Eshwar, Advocate IOPUC] 6. Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT] I To, 7 Two CD Copies TJ BS E. ] HIGH COURT DATED:1811112025 ORDER WP.No.35010 of 2025 t HE SIE 1il r 3 202[ * 3\ '() DISMISSING THE WRIT PETITION WITHOUT COSTS ,\P ,Q8"1 \4-