High Court · 2025

The Tahsildhar, Dharmasagar fvlandal, Warangal Urban District. Smt. Buyya Kyatamma, W/o. Bala Komuraiah, Aged 4.5 Years, Occ. Housewife, R/b. Narayanagiri Village, Dharmasagar l\,4andal, Warangal urban District, (Erstwhile Warangal Dist.) ...RESPONDENTS Petrtion 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 any writ, order or direction more particularly one in the nature of wRlT OF I\iIANDAIVUS declaring the action of the Respondents no.4 for deleting the name of Buyya lr4allesh in Pattadhar and Possession column by entering the name of the Respondent no.S in respect of the lands in Sy.no.871/C/1 to an extent of Ac.1-O2 Guntas, situated at lt/upparam Village, Dharmasagar Mandal, warangal urban District (Erstwhile warangal District) without issuance of the notice inspite of the pending Representation , dated 2710812020 of the Petitioner to the Respondents authorities is illegal and arbitrary against the principal of natural justice without following the under section 5 and 9(1Xa)(i) of A.p.Rights in Land and Pattadhar Pass Book Acl, 1971 and consequenfly direct the Respondent Authorities set-aside the lvlutation (Change of name) proceedings in favour of the Respondent no.5 and to issue Digital Passbook in favour of the Petitioner in respeci of the lands in S..no.871/C/i (part) to an extent of Ac.2-O4 Guntas, situated at fulupparam Village, Dharmasagar t\ilandal, Warangat Urban District (Erstwhile Warangal District). lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the cir,:umstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent nos.2 to 4 to issue Digital passbook in favour of the Petitioner in respect of the lands in Sy.no.87'1lC/i (part) to an extent of Ac.2-04 Guntas, situated at [r/upparam Village, Dharmasagar [Vanclal, Warangal Urban District (Erstwhile warangal District), pending disposal of the main writ petition. Counsel for the Petitioner : SRI K.BUCHI BABU Counsel for the Respondents No.1to4 : Gp FOR REVENUE Counsel for the Respondents No.s : SRI K.SUNIL GOUD The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.18551 OF 2O2O ORDER: This Writ Petition is filed seeking a Writ of Mandamus declaring the action ol the 4th re spondent in deleting the name of Buyya N4allesh from the Pattadar and possession columns and entet-ing the name o[ the Sth respondent in respcct o[ l:rnd in Sy. No. 87 1/C/1 to an extent of Ac. 1.02 guntas, situ:rtecl at Mupparam Village, Dhar.rnasagar Mandal, Warangal [Jrirar-r District (erstwhile Warangal District), issuing any notice "vithout and despite the petitioner's pencling reprcsentation d,ated 27.O8.2O2O to the responclenl :ruthorities, as illegal, arbitrary, and contrary to Scctions 5 and 9(1)(a)(i) of the A.P. Rights in Lanci and Pattadar Pass Books Act, 197 l; and conse-quently, to direct thc respondent authorities to set aside the mlittrtion (chzrnge of name) proceedings in favour of the 5t1r respondent ancl to issue a digital Pattadar Passbool< in lavour of the petitioner in I'age 2 of8 - respect of land in Sy. No. 87 1/C/1 (part), tc, an extent of Ac.2.O4 guntas, situated at Mupparam Village, Dharmasagar Mandal, Warangal Urban District (crstwl.rile \Varangal District).

2. Leamcd colrnsel for the petitioner sublnits that the 3,.1 rcspondent, after hearing the appeal tiled by one Bu11'a Bala Komuraiah, vide proceedings Rc. No A / 2488 1 201 5, dated 06 . l l .2O 17 , set aside the ordcr passed b.t, the 4th responderet, having found thzrt the proccdure contemplated under the ROR Act \r,as not followecl in respect of land to an extent of Acs. 2 .04 guntas in Sy. No. 87 I lB, Mupparam Village, Dharmasagar Mandal, which had been issued in favour ol the unoflicial respondent. The matter was remancled back to the, 4th respondent for a de novo enquirv ancl the appeal u,as accordingly dismissed

3. Thereafter, the 4th respondent, vide proceedings No. B/46/2018, dated 26.O2.2OI8, conducted an enquiry and cancellcd the Pattadar passbooks earlier l'age 3 rrl8 issued in lavour ol the writ petitioner for thc said extent of Ac. 2.04 guntas 1n Sy. No. 87 llB, situated at Mupparam Village, Dharmasagar Mandal. It r'"'as lurther observed that, since the land in question is ancestral property, it had been divided into two equal shares-Ac.

1.02 guntas in favour of Buyya Bala Komuraiah, S/o Late Bayanna, and Ac. L.O2 guntas in favour of Bulya Mallesh, S/o Late Bayanna

4. He submits that, since the matter r.l'as remanded by the 3'd respondent, the 4th respondent/Tahsildar ought to have conducted a de novo enquiry, as directed. However, without complying with those directions and without issuing any notice to the petitioner, the 4 ' respondent unilaterally passed the impugned proceedings dated 26.02.2018. Aggrieved by the same, the petitioner submitted a representation to the 4(r' respondent on 27.O8.2O20. Despite receipt of the said representation, no action has been takcn by the 4th I'agc ,l ol ll - respondenl,. Hcnce, thc petitioner sceks indulgence of this Court to pass appropriate orders

5. On lhe othcr hand, Sri K. Sunil Goud, learned counsel al)pcaring on behalf of the Sth responclent, submits that the impugned proceedings passed by the 4th responrlcnt are in accordance with law and were issued altcr r:onducting an enquiry, not only by the {tt' responcler-rt hirnself but also upon examination of the material placcd before him. Pursuant to this, necessary instructions u,cre issued to the Village Revenue Officer for compliar-rce with the directions of the 4rh respondent. Hc furthel submits that only after conducting a detailed cnquirv an<1 upon receipt of the report from the Village Revenuc Officer, the 4th respondent passed the impugneci proceedings. He finally contends that remitting t1-re matter back to the 4th respondent rvould amount to an abuse of the process of law.

6. Sri Sahas Reddy, learned Assistant Government Plcader rcpresenting thc learned Governmenl, pleader for l'agc 5 ol-ll Revenue, upon instructions, submits that based on the orcler passed by the 3'd respondent vide proceedings No' Al248B/2015, dated 06.ll.2017, the 4th respondent conducted a detailed enquiry and, upon fincling that both parties are entitled to equal shares, passed necessary proceedings incorporating their names He further submits that the contention of the learned counscl for the petitioner that no enquiry was conducted by the 4rr' responclent prior to passing the impugnecl proceedings dated 26.O2-2OL8, is comple tel-v misconceived, and accordingly, he seeks dismissal of the writ petition 7. Having heard the learned counsel for the petitioner, the learnecl counsel for the unofficial respondent No. 5, and the learned Assistant Government Pleader lor Revenue, and without expressing any opinion on the merits or demerits ol the case, this Court deems it appropriate to direct the 4'l' respondent to issue notices to the petitioner and all Page 6 o[ 8 - concernecl, including the 51h respondent herein, cause denouo enctuiry, alford them an opportunity of hearing, and pass appropriate orders strictly in accordance with 1aw, as cxpcditior-rsly AS possible, prelerably within a period of eight weeks from thc date of receipt of a copy of this order B. With the above direction, this Writ Petition is disposcd ol. 'lhere shall be no order as to costs. As a sequel, misccilaneous petitions, if any, pcnding shall stand closcd To, //TRUE COPY// SD/. K. BHAVANI SWAMY S TANT REGISTRAR N OFFICER District. Telangana, Hyderabad. 1 The Principal Secretary, Revenue Department, Secret 2. The District Ccllector, Warangal Urban, at Hanamkonda. 3. The Revenue Divisional Officer, Hanamkonda Division, Warangal Urban 4. The Tahsildhar, Dharmasagar Mandal, Warangal Urban District. 5. One CC to SRI K,BUCHI BABU, Advocate. toPUCI 6. Two CCs to GP FOR REVENUE, High Court for th6 State of Telangana. 7. Two CD Copies. at, State of BSK HIGH COURT DATED:0210912025 3'L,.[[ r"i; ,"ol r l-, 1,t',,1 $6 |\.) \r.) ORDER WP.No.18551 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0*1 \D I I