Telangana High Court
B. Srinivas Rao, vs The State Of Telangana, on 19 February, 2025
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.4933 of 2025
ORDER:
This Writ Petition is filed under Article 226 of the
Constitution of India, seeking the following relief:
"...to issue an appropriate writ, order or direction more
particularly one in the nature of WRIT OF MANDAMUS
declaring the proceedings No.D1/1528/2024, dated
17.12.2024 issued by respondent No.2 herein rejecting the
online application No.RC23000008272, dated 10.08.2023
submitted by the petitioner herein requesting to issuance of
pattadar pass books by implementing the judgment and
decree passed in O.S. No.189 of 2009 on the file of the
Court of the Ist Additional Junior Civil Judge, Vikarabad
District is being illegal, arbitrary, unreasonable and violative
of article 14 and 300-A of the constitution of India and
violation of the principles of natural justice and contrary to
the provisions contemplated under the records of rights and
Pattadar Pass Book Act and rules made there under and
consequently direct the 2nd respondent herein to issue
digital pattadar pass books and title deeds to the petitioner
herein in respect of the land admeasuring Ac.2.31 guntas in
Sy.No.288/A, situated at Bantwaram Village and Mandal,
Vikarabad District and pass..."
2. Considered the submissions of the learned counsel for
the respective parties and with their consent this writ petition
is being disposed of at the admission stage.
3. It is stated that the petitioner is the absolute owner and
possessor of the land admeasuring Acs.2.31 guntas in
Sy.No.288/A situated at Bantwaram Village and Mandal,
Vikarabad District and his name was recorded in revenue
records as pattadar and possessor. It is further stated that
despite the same, the respondents have not recorded the
name of the petitioner in Dharani Portal nor issued pattadar
passbook in his favour. Therefore, he filed an application
vide No.RC23000008272, dated 10.08.2023 seeking for
issuance of pattadar passbook. It is further stated that since
the respondents have not considered the application
submitted by the petitioner, he was constrained to file
W.P.No.15949 of 2024 and this Court vide order, dated
25.06.2024, directed the respondent Nos.2 and 3 therein to
examine the claim of the petitioner and pass appropriate
orders in accordance with law. Thereafter, respondent No.2
has called for a report from respondent No.3 to examine the
claim of the petitioner, in pursuance to the orders passed by
this Court on 25.06.2024 and the same was submitted by
respondent No.3 vide letter No.B/336/2024, dated
18.10.2024 stating that on verification of the revenue records
it is revealed that the petitioner's name is recorded as
pattadar of the subject land, however, the said land is in
occupation of third parties by raising dodlu and many houses
are existing on the above subject land. In view of occupation
of third parties over the subject land claimed by the
petitioner, the application filed by the petitioner is rejected.
4. It is stated by learned counsel for the petitioner that
even prior to making the application on the file respondents,
the petitioner has instituted a suit in O.S.No.189 of 2009 on
the file of the Court of the Ist Additional Junior Civil Judge at
Vikarabad, against the alleged encroachers of the subject
land and obtained a Decree for eviction of encroachers from
the subject land vide Judgment and Decree, dated
05.06.2023.
5. Learned Assistant Government Pleader for Revenue for
the respondents submits that the petitioner instead of taking
steps for eviction of defendants therein who are alleged to be
encroachers, has filed application on the file of the
respondents for issuance of pattaddar passbook for said
extent of the land which according to the respondents is in
possession of third parties.
6. A careful examination of the impugned order, dated
17.12.2024 would reveal that the land which is recorded in
the name of the petitioner is converted into abadi. Therefore,
the provisions under the Telangana Rights in Land and
Pattadar Passbooks Act, 2020 are not applicable for issuance
of pattadar passbook, as the subject lands are ceased to be
agricultural land. Hence, there are no irregularities and legal
infirmities in the impugned order, dated 17.12.2024
warranting interference of this Court under Article 226 of the
Constitution of India. Accordingly, the writ petition as filed is
misconceived and the same is liable to be dismissed.
7. Accordingly, the writ petition is dismissed. No Costs.
As a sequel, the miscellaneous petitions ending, if any,
shall stand closed.
________________________________
JUSTICE C.V.BHASKAR REDDY
Date: 19.02.2025
EDS
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
Date:19.02.2025
EDS
