Citation : 2025 Latest Caselaw 4087 Tel
Judgement Date : 19 June, 2025
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.16753 of 2025
ORDER:
This Writ Petition, under Article 226 of the Constitution of
India, is filed seeking the following relief:
"....to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents Nos.2 to 4 herein in not taking action on the representation / legal notice dated 09.05.2025 and 21.03.2025 submitted by the petitioner herein along with applications Nos.RC2500002629, RC2500002631, RC 2500002634, RC2500002635 and RC2500002637 dated 09.04.2025 requesting to issue pattadar pass books in respect of the agricultural land admeasuring Ac.1.15 guntas in Sy.No.129/A, Ac.0.12 guntas in Sy.No.130/A, Ac.0.22 guntas in Sy.No.131/A, and Ac.0.23 guntas in Sy.No.140/A total admeasuring Ac.2.30 guntas out of Ac.8.15 guntas situated at Khanapur Village, Chevella Mandal, Ranga Reddy District by deleting the name of the third parties is being illegal, arbitrary, unreasonable and violative of principles of natural justice and violation of Articles 14 and 300A of the Constitution of India and contrary to law and consequently direct the respondent Nos.2 to 4 herein to consider the representation/legal notice dated 09.05.2025 and 21.03.2025 submitted by the petitioner herein by issuing the pattadar pass book and mutate the name of the petitioner in the revenue records in respect of the petitioner land....."
2. It is stated that the petitioner is the owner and possessor
of lands admeasuring Ac.1.15 guntas in Sy.No.129/A, Ac.0.12
guntas in Sy.No.130/A, Ac.0.22 guntas in Sy.No.131/A, and
Ac.0.23 guntas in Sy.No.140/A in total admeasuring Ac.2.30
guntas out of Ac.8.15 guntas situated at Khanapur Village,
Chevella Mandal, Ranga Reddy District, having purchased the
same by virtue of registered sale deed vide document
No.5878/2007 dated 23.05.2007 from its lawful owner, and the
revenue authorities have issued pattadar passbooks and title
deeds under the provisions of the Telangana Rights in Land and
Pattadar Passbooks Act, 1971 and the Rules made thereunder,
and she is also receiving various incentives sanctioned by the
Government for the said extent of lands. It is further stated
that some of the third parties have instituted a suit in
O.S.No.313 of 2006 on the file of the Senior Civil Judge at
Vikarabad, Ranga Reddy District, against the petitioner and
others, seeking declaration, rectification of entries and
perpetual injunction in respect of the subject property, and the
said suit was decreed on 19.03.2012 declaring the plaintiffs
therein as owners and possessors of the suit schedule property.
Aggrieved by the said judgment and decree, the petitioner has
filed A.S.No.34 of 2022 on the file of the IX Additional District
Judge, L.B.Nagar, Ranga Reddy District, and the same was
allowed on 29.12.2023 setting aside the judgment and decree
dated 19.03.2012 in O.S.No.313 of 2006 and remanding back
the matter for fresh adjudication. The grievance of the
petitioner is that in view of setting aside the judgment and
decree dated 19.03.2012 in O.S.No.313 of 2006, she has
submitted several applications before the respondents seeking
to issue pattadar passbooks in her favour in respect of the
subject lands by deleting the names of the third parties, but
even after receiving the said applications, till date no action has
been taken by the respondents.
3. Considered the submissions of learned counsel for the
petitioner; Sri L. Ravinder, learned Assistant Government
Pleader for Revenue appearing for the respondents and with
their consent, this writ petition is being disposed of at the
admission stage.
4. It is settled law that mere pendency of the suit instituted
by the third parties in O.S.No.313 of 2006 on the file of the
Senior Civil Judge at Vikarabad, Ranga Reddy District or
A.S.No.34 of 2022 on the file of the IX Additional District Judge,
L.B.Nagar, Ranga Reddy District filed by the petitioner, does not
take away the existing rights of the petitioner in any manner.
5. In view of the above submissions, this Court deems it
appropriate to dispose of this writ petition directing the
respondents to consider the applications submitted by the
petitioners, strictly in accordance with the Telangana Bhu
Bharati (Record of Rights in Land) Act, 2025 (for short "the Bhu
Bharati Act") and the Rules made thereunder, by issuing notices
to the petitioner and all the interested parties, and by
considering their objections. The entire exercise shall be
completed within a period of eight (08) weeks from the date of
receipt of a copy of this order.
6. With the above observations, this Writ Petition is disposed
of. There shall be no order as to costs.
As a sequel, the miscellaneous petitions pending, if any,
shall stand closed.
________________________________ JUSTICE C.V.BHASKAR REDDY Date: 19.06.2025 sus
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