Telangana High Court
Edudula Jangaiah vs The State Of Telangana on 13 February, 2025
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.16047 of 2023
ORDER:
This writ petition is filed questioning the action of the
respondents for not issuing pattadar passbooks and title deeds
to the petitioners as per the provisions of the Telangana Rights
in Land and Pattadar Passbooks Act, 2020 (for short "the Act 9
of 2020") as illegal and arbitrary and consequently, prayed for
other appropriate reliefs.
2. It is stated that the petitioners are the pattadars and
possessors of various extents of land in Sy.Nos.765/9, 759,
760, 761, 762, 763, 783, 784, 26, 242, 243, 781, 782, 724, 725,
729, 758, 765/53, 765/52, 242/3/1, 763/3/1, 781/3/1,
782/3/1, 784/3/1, 783/3/1, 26/3/5, 758, 242/RUU, 14,
243/LU9, 763/1, 781/LUU/7, 782/LUU/7, 783/1/1, 784/1,
26/1/1, 765/142 242/UU, 243/UU, 781/RUU, 782/LUU, 754,
758, 242/AA, 243/AA, 781/EE/1, 782/EE/1, 693/5, 753,
761/A, 762/AA, 763/AA, 780/EE, 781/EE, 782/EE, 420/RUU,
421/RUU, 422/RUU, 423/RUU, 424/RUU, 425/RUU, 71,
465/RUU, 420, 421, 422, 423, 424, 425, 465, 243/LU10,
763/E/2, 781/2, 782/LUU8, 783/2/2, 784/2, 784/A8,
26/2/2, 617/142, 617/140, 761/AA1/1, 762/AA1/1,
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763/AA1/1, 26, 763/E12, 783/11, 784/A11, 242/E, 243/E,
780/UU, 782/UU, 754/E1, 781/E1, 644/16, 761/E1/3,
762/E1/3, 763/E1/3, 7587E1/3, 765/6, 761/E/1/1,
762/E/1/1, 763/E1/3, 761/E1/5, 762E1/5, 763/E1/5,
765/5, 761/E1/2, 762/E1/2 and 763/E1/2 situated at
Malkapuram Village, Choutuppal Mandal, Yadadri Bhuvangiri
District. It is stated that names of the predecessors-in-interest
of the petitioners were recorded as pattadars in the pahanies. It
is further stated that when the respondents herein have
disputed the right and entitlement of the petitioners over the
subject land, a suit for bare injunction vide O.S.No.06 of 2025
has been instituted on the file of I Additional District Judge,
Nalgonda and the said suit was dismissed vide judgment and
decree, dated 07.12.2016. Aggrieved by the same, the
petitioners filed A.S.Nos.390 and 384 of 2007 before this Court
and this Court granted status quo vide order, dated 19.01.2009
in A.S.No.390 of 2007. It is further stated that when the
respondents have not issued pattadar passbooks to the
petitioners stating that the cases are pending, the petitioners
filed a W.P.No.14884 of 2020 before this Court and this Court
has granted interim order on 02.11.2021, directing the
respondents herein to mutate the names of the petitioners in
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the revenue records/dharani portal and issue e-pattadar
passbooks and title deeds to the petitioners, in case their names
were previously reflected in the revenue records within a period
of 4 weeks. However, the respondent authorities have not
complied with the interim direction issued by this Court.
Hence, the present writ petition.
3. Considered the submissions of the learned counsel for the
petitioners and learned Assistant Government Pleader for
Revenue appearing for respondent Nos.1 to 4. Perused the
record.
4. Sri L.Ravinder, learned Assistant Government Pleader has
not disputed that this Court had granted interim order in
W.P.Nos.14884 of 2020, 27996 of 2019 and A.S.Nos.390 and
384 of 2007, directing respondent No.4 to consider the
application submitted by the petitioners to mutate their names
in the revenue records/dharani portal and issue pattadar
passbooks and title deeds to the petitioners. It is submitted
by the learned Assistant Government Pleader that during
pendency of the examination of the representation submitted by
the petitioners under the provisions of the Telangana Rights in
Land and Pattadar Passbooks Act, 1971 (for short "the ROR Act,
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1971"), ROR Act, 1971 was repealed and replaced with Act 9 of
2020, which prescribes the procedure for making an application
under Dharani Portal to mutate their names and for the
consequential correction of entries in the revenue records, in
the prescribed format under TM33. Since petitioners have not
made any application pursuant to the interim direction of this
Court in the prescribed format, the respondents have not acted
upon the order passed by this Court.
5. In view of the above submissions, this Court deems it
appropriate to dispose of this writ petition granting liberty to the
petitioners to make individual applications in the Dharani portal
seeking for mutation of their names, duly enclosing all the
necessary documents and in the event of such individual
applications are filed by the petitioners, respondent No.4 is
directed to examine and consider the same, if the said
applications complies with all the requirements under the
provisions of the Act 9 of 2020, within a period of three months
from the date of submission of such applications. If the
petitioners are otherwise not entitled for issuance of pattadar
passbooks, the respondent authorities shall pass individual
reasoned orders and communicate the same to the petitioners,
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so as to enable them to take appropriate action, if they are
aggrieved by the rejection.
6. With the above observations, this Writ Petition is disposed
of. There shall be no order as to costs.
7. As a sequel, the miscellaneous petitions pending, if any,
shall stand closed.
________________________________
JUSTICE C.V.BHASKAR REDDY
13.02.2025
Kgk/Rev
