Telangana High Court
Vasam Ganesh Kumar vs The State Of Telangana on 20 January, 2025
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.33299 of 2023
ORDER:
This writ petition is filed seeking to declare the action of respondent Nos.2 and 3 in not rectifying the revenue entries pertaining to the agricultural land to an extent of Ac.3.12 gts., in Sy.Nos.60/E2/1 and 60/E/2/2, situated at Hemajipur Village, Balanagar Mandal, Mahabubnagar District, as illegal and arbitrary and consequently prayed this Court to direct the respondent authorities to delete the names of respondent Nos.4 and 5 for the schedule land and for other appropriate reliefs.
2. Considered the submissions of the learned counsel for the respective parties and with their consent this writ petition is disposed of at the admission stage.
3. It is stated that the petitioner is the absolute owner and possessor of the agricultural land to an extent of Ac.3.12 gts., in Sy.No.60/E2, situated at Hemajipur Village, Balanagar Mandal, Mahabubnagar District, having purchased the same under a registered document No.10583 of 2005. It is further stated that his name was recorded in the revenue records and the revenue authorities have also issued pattadar passbook and title deed as 2 CVBR, J wp_33299_2023 per the mutation proceedings No.A/6050/2006, dated 18.11.2006. It is further stated that the petitioner's vendor has purchased the subject land under a registered document No.1955 of 1990, dated 17.09.1990 from the original assignee Mohammad Ahmadullah, who was ex-serviceman and was issued title deed No.349070, Patta No.187, in Sy.No.60/E2.
4. The case of the petitioner is that in the online pahanies, the name of the original assignee Ahamadulla has been entered by mistake though sale transaction took place in respect of the subject land. The further case of the petitioner is that respondent Nos.4 and 5, being the legal heirs of Ahmadulla, taking advantage of the online entries, got the sale deed executed in respect of the subject land and entered their names in the Dharani for Sy.Nos.60/E2/1 and E2/2 without any right. Therefore, the petitioner has made online applications vide Nos.UL2300009427 and UL2300009428, dated 02.11.2023 for issuance of e-pattadar passbook as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2020 and the said applications have not been considered on the ground that the names of the legal heirs of the original assignee have been recorded in the revenue records. The grievance of the petitioner is that the respondent authorities have entered the names of the legal heirs of the original 3 CVBR, J wp_33299_2023 assignee in the revenue records without issuing any notice to the petitioner and the said action on the part of the respondent authorities not only amounts to violation of Section 5(3) of the Telangana Rights in Land and Pattadar Passbooks Act, 1971, it equally amounts to violation of the Full Bench Judgment of this Court in the case of Chinnam Pandurangam v. Mandal Revenue Officer, Serilingampally Mandal and others 1.
5. Be that as it may, respondent Nos.4 and 5 have also filed joint memo stating that they have no objection for deletion of their names from the revenue records and incorporation of the name of the petitioner in the revenue records in respect of the subject property as per the provisions of the Act, 2020.
6. In view of the above, this Court without expressing any opinion on the right and entitlement of the petitioner for issuance of e-patadar passbook in respect of the subject property, since it is stated that the petitioner has submitted online applications vide Nos.UL2300009427 and UL2300009428, dated 02.11.2023 as per the procedure prescribed in the dharani portal, the respondent authorities are directed to consider the said applications duly taking into consideration of the issuance of the earlier pattadar passbooks and title deeds and also registered sale deeds and in 1 AIR 2008 AP 15 4 CVBR, J wp_33299_2023 view of respondent Nos.4 and 5 filing a joint memo, if the petitioner is otherwise eligible and entitled for issuance of e-pattadar passbook in respect of the subject property and if there is no government interest involved in the subject land, the respondent authorities shall issue e-pattadar passbook and title deed, strictly in accordance with the provisions of the Act, 2020, and if the petitioner is not eligible or entitled for issuance of e-pattadar passbook, the respondent authorities shall pass a reasoned order and communicate the same to the petitioner. The said exercise shall be completed within a period of three (03) months from the date of receipt of a copy of this order.
7. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
_________________________________ JUSTICE C.V. BHASKAR REDDY 20.01.2025 Pvt