Nanna Sathaiah v. I . 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 order or orders more particularly in the nature of Writ of Mandamus directing the respondents 1 to 3 and more particularly to issue the pattadar pass books in the name of the petitioner and as well of the 4th respondents in terms of the proceedings vide RC No. Bl2BSl2019 Dated '16-03- 2020 issued by the 3rd respondent in the interest of justice. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pending disposal of the above writ petition direct the 3rd respondent to invoke his powers under Section 164 of BNSS to maintain the law and order and avoid the breach of peace arising out of the dispute in the subject land and order for maintenance of peace and tranquilly in enjoyment of the property held under the cultivation of the petitioner till the issue of pass books in the petitioners name in the interest of justice. ! // / Counsel for the Petitioner: SRI M. VENKANNA Counsel forthe Respondent No.1 to 3: ASST. Gp FOR REVENUE Counsel for the Respondent No.4: - - - - The Court made the following: ORDER / /,t ORDER: HON'BLE SRJ JUSTICE.C.V.BHASKAR REDDY WRIT PETITION No.37O67 of 2o24 It is stated that the petitioner's father late Nanna Nannaiah is the absolute owner and possessor of the land to al extent of Acs.3.20 guntas situated in Sy.No.149/31 of Polampalli Revenue village, Kanepalli Mandal, Mancherial District. It is further stated that after death of father of the petitioner, narne of 4s respondent was recorded in the revenue records as pattadar and petitioner's name was not recorded because he was minor at the time of death of his father. It is further stated that as per Section 59 of the Telangana Land Revenue Act, 1317 Fasli, on the death of the pattedar the names of the Kartha of the joint family (elder of the family) would be recorded as pattadar and the remaining other co- sharers names would be recorded as hissadar. It is further stated that when the name of the petitioner, being the minor, was not recorded in the revenue records though he is entitled a share in the subject property as per Hindu Succession Act, 1956, he was constrained to approach the Sub-Collector ald Sub-Divisional Magistrate, Bellampalli. It is further stated that the Sub-Divisiona-l Magistrate, after calling for the report from the concerned Tahsildar and after veri$ring the revenue records pertaining to the ') CVBR, J wP 37067 2024 year 1987-88, cancelled the succession granted in favour of the 4tr, respondent uide proceedings in RC.No.B / 27 /2Ot9, dated 03.Ol .2O2O and also directed the 3,a respondent to grant succession as per the procedure and thereafter, the 3.d respondent issued the proceedings, dated 16.03.2020 granting succession by distributing equal share. The grievance of the petitioner is that even after issuing the said proceedings, the 3d respondent is not issuing the pattadar passbook in the name of the petitioner as well as the 4fi respondent in terms of the proceedings, dated t6.o3.2020.

2. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government pleader for Revenue appearing for respondent Nos.1 to 3 and with their consent this writ petition is disposed of at the admission stage. In view of the nature of relief sought for in this writ petition, issuance of notice to the unollicial respondent is dispensed with.

3. l,earned Assistant Government pleader for Revenue appear for respondent Nos.l to 3 submitted that as per Section 6 of the Telangana Rights in Land and pattadar passbooks Act,2020 (for short "the ROR Act, 2O2O"), any person or persons who acquire rights over land through succession, survivorship, inheritance and seeking to effect change in Record of Rights, after arriving at 3 C\tsR, J wP 31061 2024 consensus among aII the legal heirs on the manner of division of the land afilong themselves, shall make an application, enclosing the joint agreement specifuing individual shares, to the Tahsildar through the website prescribed for this purpose, for allotting available date and time as per the convenience of the persons to appear before the Tahsildar. Learned Assistalt Government I Pleader further submitted that if there is any dispute among the co-sharers that should be resolved before the competent Civil Court and revenue authorities are not competent for issuance of pattedar pass book to the respective extents ofthe co-sharers.

4. In view of the above submissions and since it is stated by the petitioner that an enquiry has been conducted by the !"4 respondent in proceeding RC.No.B/27 12019 dated O3.O1.2O20 and it is also stated that the 4fi respondent also participated in t I the said enquiry, this Court is of the opinion that the ends of justice would be met if the petitioner is permitted to file an appropriate application duly enclosing the joint consensus family settlement deed seeking for change/amendment of revenue records and consequential issuance of the pattedar passbooks. On filing such application signed by all the family members, the respondent/Thahsildar is directed to consider the same taking into consideration of the proceedings, dated 03.01.2020 and also j l 4 CVBR, J wP 37067 2024 the proceedings, dated 16.03.2020 issued by the 3d respondent, in accordance with law within a period of (02) months from the date of receipt of such apprication. If the petitioner is found not eligible for issuance of pattadar pass book, the 3d respondent shall pass a reasoned order and communicate the same to the petitioner. 5 With the above observations, this Writ petition is disposed of. No order as to costs. 6 As a sequel, the miscellaneous petitions pending, if any, shall stand closed //TRUE COPY// SD/.S. MALLIKARJUNA RAO REGISTRAR t\ ON OFFICER To, Secretariat, Hyderabad 5O0 022

1. The Chief Secretary, Revenue department, The State of Telangana, 2. Sub - Collector and Sub Divisional Magistrate, Bellampalli-504251 3. Tahsildar, Kannepalli 504219 4. One CC to SRI M. VENKANNA, Advocate [OPUC] 5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. IOUT]

6. Two CD Copies % HIGH COURT CVBR,J DATED:021011202s ORDER WP.No.37067 of 2024 \) .J o \ 1 0 FIB 2[25 v .{- -t: O6' S PTTTCB c0 DISPOSING OF THE WRIT PETITION WITHOUT COSTS