Telangana High Court
Shaheda Chisty vs The State Of Telangana on 6 March, 2025
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.6926 of 2025
ORDER:
This writ petition is filed seeking following relief:
"For the reasons stated in the accompanying affidavit, it is prayed that
this Hon'ble Court may be pleased to issue an appropriate Writ, Order or
Direction, more particularly one in the nature of Writ of Mandamus,
declaring the inaction of the respondent No.3 herein in taking steps to
mutate the name of the petitioner and other legal heirs in the revenue
records in respect of the lands in Survey Nos. 96, 97, 98, 99, 111, 120, 122,
164, 165, 166, 167, 171, 172, 173 and 174 admeasuring Ac. 00.36 guntas,
Ac. 1.34 guntas, Ac. 0.18 guntas, Ac. 1.20 guntas, Ac. 00.10 guntas, Ac.
00.35 guntas, Ac. 0.35 guntas, Ac. 17.11 guntas, Ac. 19-14 guntas, Ac.
16.04 guntas, Ac. 15-36 gts, Ac. 14-02 gts, Ac.166-12 gts, Ac.16-27 gts and
Ac.20.21 gts, situated at Buwel village, Rajendranagar Mandal, R.R.District
as Pattadar/owner duly correcting the entries as per the Sethwar and
Pahanies, inspite of the written representation dt. 24-9-2024 followed by
personal visits, as being illegal, arbitrary, unjust and unconstitutional and
consequently direct the 3rd respondent to mutate the name of the petitioner
and other legal heirs as Pattadars in the revenue records by verifying the
Sethwars and Pahanies, and to grant such other relief or reliefs as this
Hon'ble Court deems fit and proper in the circumstances of the case."
2. It is stated that Sri Khaja Gulam Moinuddin was the
original owner and pattadar of the agricultural lands admeasuring
Acs. 00.36 guntas in Survey No.96, Acs. 1.34 guntas in Survey
No.97, Acs. 0.18 guntas in Survey No.98, Acs. 1.20 guntas in
Survey No.99, Acs. 00.10 guntas in Survey No.111, Acs. 00.35
2 CVBR, J
guntas in Survey No.120, Acs. 0.35 guntas in Survey No.122,
Acs. 17.11 guntas in Survey No.164, Acs. 19.14 guntas in Survey
No.165, Acs. 16.04 guntas in Survey No.166, Acs. 15.36 guntas in
Survey No.167, Acs. 14.02 guntas in Survey No.171, Acs. 166.12
guntas in Survey No.172, Acs. 16.27 guntas in Survey No.173 and
Acs. 20.21 guntas in Survey No.174, situated at Budwel Village,
Rajendranagar Mandal, Ranga Reddy District. After his death,
petitioner and others being his legal heirs, inherited the said lands
and all other legal heirs have executed General Power of Attorney in
favour of petitioner to pursue the issue relating to mutation of their
names in the revenue records as the name of late Sri Khaja Gulam
Moinudin is still reflecting in the Khasra Pahani for the year 1954-
55 and other pahanies. It is further stated that the petitioner
submitted representations dated 24.09.2024 and 27.10.2024 to the
3rd respondent, but 3rd respondent has not taken any steps to
mutate their names in the revenue records.
3. Considered the submissions made by the learned
counsel for the parties and with their consent, this writ petition is
disposed of at the admission stage.
3 CVBR, J
4. Learned counsel for the petitioner vehemently contended
that the Khasra Pahani which is maintained and issued under the
provisions of the Telangana Land Revenue Regulation, 1358 Fasli is
to be considered as a title document in the absence of any
document of title. It is further contended that the petitioner and
other legal heirs are the title holders as per the entries made in the
Kasra Pahani 1954-55 and as such they are entitled for issuance of
pattadar passbooks for the said extents of land. In support of his
submission, learned counsel has relied upon a judgment of this
Court in the case of Thota Narasinga Rao vs. State of Andhra
Pradesh, Rep. By District Collector, Visakhapatnam 1, wherein it
is observed as follows:-
"....Consequent to the merger of Hyderabad State with India in 1948
the Jagirs were abolished by the Andhra Pradesh (Telangana Area)
Abolition of Jagirs Regulation, 1358 fasli. 'Khasra Pahani' is the
basic record of rights prepared by the Board of Revenue Andhra
Pradesh in the year 1954-55. It was gazetted under Regulation 4 of
the A.P. (Telangana Area) Record of Rights in Land Regulation
1358F. As per Regulation No.13 any entry in the said record of rights
shall be presumed to be true until the contrary is proved. The said
Regulation of 1358-F was in vogue till it was repealed by the A.P.
Rights in Land and Pattadar Pass Books Act, 1971, which came into
2007(1) ALD 500
4 CVBR, J
force on 15.8.1978. In the 2nd edition (1997) of "The Law Lexicon" by
P. Ramanatha Aiyer (at page 1053) 'Khasra' is described as follows:
"Khasra is a register recording the incidents of a tenure and is a
historical record. Khasra would serve the purpose of a deed of title,
when there is no other title deed..."
5. Be that as it may, learned counsel for the petitioner
relying upon the entries made in the Khasra Pahani 1954-55 and
Sethwar is seeking relief for amendment of the revenue records and
consequential issuance of the pattadar passbooks.
6. At this length of time, the petitioner is not entitled to
seek a writ of mandamus either for correction or amendment or
consequential issuance of the pattadar passbooks under the
provisions of the Telangana Rights in Land and Pattadar Passbooks
Act, 1971. It is needless to observe that if the petitioner is having a
title document to his support, he has to approach the competent
civil Court seeking a declaration over the property. After obtaining
necessary orders from the competent civil Court, he is entitled to
make an application for amendment or consequential issuance of
the pattadar passbooks under the provisions of the Telangana
Rights in Land and Pattadar Passbooks Act, 2020.
5 CVBR, J
7. With the above observations, the Writ Petition is
disposed of. There shall be no order as to costs.
Miscellaneous applications pending, if any, shall stand closed.
____________________________
C.V.BHASKAR REDDY, J
Date: 06.03.2025
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