Citation : 2025 Latest Caselaw 1076 Tel
Judgement Date : 5 August, 2025
THE HON'BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH
AND
THE HON'BLE SRI JUSTICE G.M.MOHIUDDIN
WRIT APPEAL No. 673 of 2025
JUDGMENT:
Heard Ms. C. Jyotsna Devi, learned counsel appearing
for Sri V. Ravichandran, learned counsel for the appellants and
Sri Muralidhar Reddy Katram, learned Government Pleader
for Revenue appearing for the respondents.
2. Vide order dated 20.06.2025 in Writ Petition No.16978
of 2025, the claim of the writ petitioners for issuance of
pattadar pass books in respect of the subject land has been
dismissed by the learned writ Court after holding that the
nature of the subject land has been classified as 'Sarkari'. At
no point of time, the names of the writ petitioners or the
predecessors were recorded as lawful possessors. However, the
learned writ Court has gone to observe that if the writ
petitioners are having any evidence to show that they are in
long possession of the subject land and have perfected their
title by way of adverse possession, they are at liberty to 2 HCJ (AKrS, J) & GMM, J
approach the competent civil Court to agitate their grievances.
Being aggrieved, the writ petitioners have preferred this
appeal.
3. On 04.07.2025, learned counsel for the appellants prayed
for time to file relevant documents to show that the appellants
are entitled to get pattas in respect of the Survey Numbers in
question. I.A.No.2 of 2025 has been filed annexing the copies
of pahanies and connected documents pertaining to the lands
measuring Ac.1.00, Ac.1.00 and Ac.1.00 guntas situate in
Survey Nos.180/6, 180/27 and 180/19 respectively of
Yenkepally Village, Moinabad Mandal, Ranga Reddy District.
Learned counsel for the appellants submits that these
documents are in the nature of revenue records.
4. A perusal of the document, Khasra pahani of the year
1954-55, shows that the entries made in respect of those plots
in Survey No.180 reflect that it was a Government land.
5. In such circumstances, the learned Government Pleader
for Revenue submits that the writ petitioners cannot claim for
issuance of pattadar pass books in respect of the subject land 3 HCJ (AKrS, J) & GMM, J
as there is no document to justify their title or possession.
Moreover, the report of the Revenue Department, Ranga
Reddy District, dated 28.04.2025, at Page 23 of the memo of
appeal, would also show that classification of the subject land
claimed by the writ petitioners in respect of Survey No.180 is
recorded as 'Sarkari'. The learned writ Court has also taken
note of these entries and therefore, refused to grant relief to the
writ petitioners. However, the learned writ Court has granted
liberty to the writ petitioners to approach the competent civil
Court to agitate their grievance if they are having any evidence
to prove that they are in long possession and have perfected
their title by way of adverse possession. Therefore, the
impugned order does not deserve any interference.
6. On consideration of rival submissions of the parties and
the above materials taken from the record, we do not find any
error in the impugned order passed by the learned writ Court.
None of the documents enclosed to the memo of appeal or the
Interlocutory Application substantiates the claim of the writ
petitioners that they are in possession of the subject land for 4 HCJ (AKrS, J) & GMM, J
more than six (6) decades and thus, entitled for issuance of
pattadar pass books.
Accordingly, the instant Writ Appeal is dismissed. There
shall be no order as to costs.
Miscellaneous applications, if any pending, shall stand
closed.
____________________________ APARESH KUMAR SINGH, CJ
_____________________ G.M.MOHIUDDIN, J 5th AUGUST, 2025.
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