Telangana High Court
Sri Donepudi Sreenivas Rao vs The State Of Telangana on 25 February, 2025
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.5441 of 2025
ORDER:
This writ petition is filed praying this Court to declare the
action of respondent Nos.2 to 4 in making attempts to amend
the entries in the revenue records of the petitioner's land i.e.,
Ac.1.06 guntas in Sy.No.476/EE2, situated at Tellapur Village,
Ramachandrapuram Mandal, Sangareddy District, without
issuing any notice to the petitioner and without following due
procedure under law, as illegal and arbitrary and consequently,
prayed for other appropriate orders.
2. It is stated that the petitioner is the owner and possessor
of land admeasuring Ac.1.06 guntas in Sy.No.476; Ac.0.33
guntas in Sy.No.476/E; Ac.1.06 guntas in Sy.No.476; Ac.0.14
guntas in Sy.No.476/E; Ac.0.05 guntas in Sy.No.476/A2 and
Ac.0.15 guntas in Sy.No.476, totalling to an extent of Acs.3.39
guntas, situated at Tellapur Village, Ramachandrapuram
Mandal, Sangareddy District, having purchased the same
through registered sale deed bearing document No.17171 of
2005, dated 24.11.2005. It is further stated that basing on the
said sale deed the name of the petitioner was mutated in the
revenue records vide Proceedings No.B/4587/2005, dated
12.01.2005 and passbook and title deed No.00016686 vide
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Wp_5441_2025
Patta No.878 were issued to him under the provisions of the
Telangana Rights in Land and Pattadar Passbooks Act, 1971
and the Rules made thereunder. It is further stated that the
petitioner is also receiving various incentives sanctioned by the
Government as investment subsidy for cultivation of the said
lands. It is further stated that disputing the right and
entitlement of the petitioner over the subject property, his
vendor's sisters have instituted a suit for partition i.e.,
O.S.No.34 of 2011 on the file of the Principal District Judge,
Sangareddy and without making the petitioner as party
defendant have obtained a preliminary decree. It is further
stated that final decree, dated 21.02.2024 was also granted in
the said suit dividing the property with metes and bounds and
seeking for implementation of the final decree, when respondent
Nos.5 and 6 filed an application seeking for mutation and
consequential amendment of the revenue records and issuance
of pattadar passbook the petitioner came to know about the
institution of the partition suit. The only grievance of the
petitioner is that respondent Nos.5 and 6 relying upon the final
decree are making efforts for mutation of their names and
consequential issuance of pattadar pass book and in the event
of issuing passbooks without considering the objections,
petitioner would suffer great hardship.
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Wp_5441_2025
3. Considered the submissions of the learned counsel for the
petitioner and Sri L.Ravinder, learned Assistant Government
Pleader for Revenue appearing for respondent Nos.1 to 4 and
with their consent, this writ petition is being disposed of at the
admission stage. In view of the nature of relief sought for in
this writ petition, issuance of notice to the unofficial
respondents is dispensed with.
4. Sri Rajagopallavan Tayi, learned counsel for the petitioner
has submitted that the judgment and decree in O.S.No.34 of
2011 obtained by the sisters of the petitioner's vendor, without
impleading the petitioner as party defendant is not binding on
him and placing reliance on the judgment of Full Bench in
Chinnam Pandurangam v. Mandal Revenue Officer,
Serilingampally Mandal and others 1, has submitted that
before correction/amendment/change of the revenue records, a
notice has to be issued to the interested persons, whose names
are reflected in the revenue records.
5. Learned Assistant Government Pleader for Revenue has
not disputed that as per the judgment of Full Bench of this
Court in Chinnam Panduram (1 supra), the persons, whose
names were recorded in the revenue records are entitled to
receive notice and submit their objections.
AIR 2008 AP 15
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Wp_5441_2025
6. In view of the above submissions, this Court is of the
opinion that the ends of justice would be met if respondent No.4
is directed to issue notice to the petitioner before considering
the application submitted by respondent Nos.5 and 6 seeking
for mutation, amendment of the revenue records and
consequential issuance of pattadar pass book basing on the
final decree in O.S.No.34 of 2011 on the file of the Principal
District Judge, Sangareddy and after considering the objections
submitted by the petitioner pass appropriate orders strictly in
accordance with the provisions of the Telangana Rights in Land
and Pattadar Passbooks Act, 2020.
7. With the above observations, this Writ Petition is
disposed of. There shall be no order as to costs.
8. As a sequel, the miscellaneous petitions pending, if any,
shall stand closed.
________________________________
JUSTICE C.V.BHASKAR REDDY
25.02.2025
gkv
