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
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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
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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
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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
