M.A.Gaffar 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the 3rd Respondent is trying to issue the Pattedar Passbooks in favor of 4th respondent in respect of the property in sy.No. 455 and 456 admeasuring to an extent of Ac.11-1250 Guntas situated at Kondur Village, Sirikonda Mandal, Nizamabad District, Telangana State without following the procedure and without considerrng the objections submitted by the petitioner dated 1\to7 t2025 is illegal, arbitrary and violative principles of natural justice and consequently direct the 3rd Respondent not to issue Pattedar -Passbooks in favor of 4th Respondent in respect of the property in Sy.No 455 and 456 admeasuring to an extent of Ac.1 i-1 250 Guntas situated at Kondur Village, Sirikonda [V1andal, Nizamabad District, Telangana Sl rte and further direct the 3rd respondent to follow the procedure by con(lr cting enquiry after considering the objections raised by the petitioner dated 1B-t 7 -2025. iA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the cir the affidavit filed in support of the petition, the High Cour direct the 3rd Respondent not to issue Pattedar Passbc Respondent in respect of the property in Sy.No. 455 and 45 extent of Ac.11-1250 Guntas situated at Kondur Villag: Nizamabad District, Telangana State and further direct tlr follow the procedure by conducting enquiry after considerin(l by the petitioner dated 1810712025 pending disposal of the rrrr iumstances stated in may be pleased to rks in favor of 4th ) admeasurrng to an Sirikonda Mandal, : 3rd respondent to .he objections raised t petition Counsel for the Petitioner: SRI R.A. CHARY Counsel for the Respondent No.1 to 3: SRI L. RAVINOER, ASST. GP FOR RE\/:NUE Counsel for the Respondent No.4 to 6: - - - - The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.35969 of 2025 ORDER: This Writ Petition is filed seeking the following relief:- "...to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3d Respondent in trying to issue the Pattedar Passbooks in favor of 4threspondent in respect of the property in Sy.No.455 and 456 admeasuring to an extent of Ac.l 1.1250 Guntas situated at Kondur Village, Sirikonda Mandal, Nizamabad District, Telangana State without following the procedure and without considering the objections submitted by the petitioner dated l8/O7 /2025 is illegal, arbitrary and violative principles of natural justice and consequently direct the 3d Respondent not to issue Pattedar Passbooks in favor of 46 Respondent in respect of the property in Sy.No.455 and 456 admeasuring to an extent ofAc. 11.1250 Cuntas situated at Kondur Village, Sirikonda Mandal, Nizamabad District, Telangana State and further direct the 3d respondent to follow the procedure by conducting enquiry after considering the objections raised by the petitioner dated

18.07 .2025.. ."

2. Heard Mr. R.A.Chary, leamed counsel for the petitioner, Mr. L.Ravinder, learned Assistant Govemment Pleader for Revenue appearing for respondent Nos.l to 3. Perused the record. ) \ +rrrn \r '\. - \ 2

3. With the consent of both the parties, this wri. retition is being disposed ofat the stage ofadmission.

4. Learnecl counsel for the petitioner submits hat petitioner's father is owner and possessor of land to an extent of r .cs.22.25 guntas in Survey Nos.455 and 456 situated at Kondur !ilage, Sirikonda Mandal, Nizamabad District and the same was recoro( I in the revenue records and alter the demise of petitioner's father, p:titioner's name has been mutated in the revenue records and patta<li r passbook has also been issued; that father ofrespondent Nos.5 and 5 and husband of respondent No.4 without any title over the above s; d property got mutated his name in respect of Acs.l1.l25 guntas in lurvey Nos.455 and 456 without issuing notice to the petitioner.

4.1 Aggrieved by the same, the petitioner has filed r complaint, an RTI application and subsequently a Civil Suit in O.S No.O1.2023 to cancel the entries in the revenue records wherein rt:l pondent Nos.5 and 6 filed written statement admitting that they are rot the owners but merely caretakers and the property belongs to Iama Masjid'. Despite the pending suit and the admission of r on-ownership, respondent No.3 issued notice to the petitioner on C\.07.2025, for mutation in re venue records in favor of responden Nos.4 and 5. l-^o'ta / I 3 Pursuant to the said notice, petitioner has filed objections on

18.07.2025 before respondent No.3 through his counsel, which is of no use. Challenging the attempt of respondent No.3 in issuing pattadar passbooks in favour of respondent Nos.4 and 5 in respect of land to an extent ofAcs.11.1250 guntas in Survey Nos.455 and 456, this writ petition has been filed.

5. Learned Assistant Government Pleader for Revenue would submit that the official respondents will consider the objections raised by the petitioner through his counsel and would pass appropriate orders in accordance with law and will follow the due procedure as t / contemplated under law. Hence, seek to pass appropriate orders.

6. Having regard to the submissions of both the leamed counsel and upon considering the material available on record, this Court deems it appropriate to direct the official respondents to examine the case of the petitioner by taking into account, the objections raised by the petitioner and to take appropriate action by issuing notice to all the concemed. Since this Court has ordered the official respondents to issue notice, the notice to unofficial respondents in this writ petition stands dispensed with. 4

7. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall st Lnd closed. SD/.S. I ALLIKARJUNA RAO ASS IFTANT REGISTRAR _/.- //TRUE COPY// \- \s\ciloN oFFtcER To, 'I . The Principai Secretary, Revenue (Assignment-'l ) Depir tment, The State of I elangana, Secretariat, Hyderabad, Telangana State. 2 The District Collector, Nizamabad District, Telangana St rte. 3. The Tahasildar, Sirikonda Mandal, Nizamabad Dist, Te z ngana State. 4. One CC to SRI R.A. CHARY, Advocate TOPUCI 5. Two CCs to GP FOR REVENUE, High Court foi the Stzr. : of Telangana. 6. Two CD Copies IOUI BN \ ) HIGH COURT DATED:2611112025 ORDER WP.No.35969 of 2025 iE STA.? t' (.) ':) t j lri{ iii6 t,: ll ',f DISPOSING OF THE WRIT PETITION WITHOUT GOSTS ) A d '.,i'