Dismissed

Bgs Members Association Muthangi v. The State of Telangana

Telangana HC11 Jan 2023WP/21503/2020

Case brief

AI extract

What is this about?

Writ petition challenging issuance of digitalized patta passbooks to individuals in revenue records. Court held that petitioners must follow remedy under the Telangana Rights in Land and Pattadar Pass Book Act, 2020 and CCLA Circulars rather than approach High Court directly.

What did the court decide?

Disposed of granting liberty to petitioner to avail alternative remedy under ROR Act, 2020 by filing online applications with District Collector for correction of entries and mutation.

Bgs Members Association Muthangi Vs The State of… — Property and Title | Telangana HC (2023)

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HIGH COURT FOR THE STATE OF TELANGANA

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(Special Original Jurisdiction)

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WEDNESDAY, THE ELEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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WRIT PETITION NO: 21503 OF 2020

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Between:

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BGS lvlembers Association Muthangi, (RegdNo.S21 ot 2020) Having its office at Flat No 016, Sai Nager Colony, rep. by its secretary Mr. K. Prasad Reddy S/o. Mr. Pitcha Reddy Aged 55 Years Occ: Business^PJo. 2-128, Vijayatammi Nilayam, Chandnagar Hyderabad.

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...PETITIONER

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AND

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The State of Telangana, rep. y its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

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The District Collector, Sanga Reddy District. 3. The Revenue Divisional Officer, Patancheru, Sanga Reddy District. 4. The Tahsildar - cum - Joint Sub-Registrar, Patancheru Mandal, Sanga Reddy District

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tr,'lls. G. P. R. Housing Private Limited, rep- by Project Managing Mr.G.Raghavendra Rao S/o. Mr. Shiva Rama Krishnaiah, Aged 66 Years Occ: Rl/o. H. No. 6-3-788/3212, |'t floor, Ameerpet Hyderabid

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Mr. P. Krishnaiah, S/o- Mr- Gangaiah Aged 56 Years Occ: Agricultural Ryo,Muthangi Village, Patancheru Mandal, Sanga Reddy District

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Mr. Battu Satyam Raju, S/o. Late Chandram Raju Aged 75 years, Occ:Agricultural R/o. Muthangi Village, Patancheru Mandal, Sanga Reddy District

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Mrs. Nalla Kavitha, D/o. Late Mallesh Aged 33 Occ: House Wife Rl/o.Muthangi Village, Patancheru Mandal, Sanga Reddy District

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Mr. Kanjarla Pandu, S/o. Mr. Sailoo Aged 50 Occ: Agricultural Rl/o. Muthangi Village, Patancheru Mandal, Sanga Reddy District

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Mr. Kanjarla Cinna Mallaiah, S/o. Sayanna Aged 65 Occ: Agriculture Rl/o.Muthangi Village, Patancheru Mandal, Sanga Reddy District

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1 1. tt/r. Pullaiahgari Yadi Reddy, S/o. Venkat Reddy Aged 70 Occ: Agriculture Rl/o. Muthangi Village, Patancheru Mandal, Sanga Reddy District

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Mr. Pullaiahgari Chandra Reddy, S/o. Venkat Reddy Aged 65 Occ: Agriculture Rl/o. Muthangi Village, Patancheru Mandal, Sanga Reddy District

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'13. Mr. Bhangariga]la Venkataiah, S/o. Papaiah Aged 70 Occ: Agriculture Rl/o.Muthangi Village, Patancheru Mandal, Sanga Reddy Dislrict _

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Mr. Gadila Kumar Goud, S/o. Late Anjaiah Aged 70 Occ: Agriculture Rl/o.Muthangi Village, Patancheru lvlandal, Sanga Reddy Di-strict

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15.lvlr- Sara Mallaiah, S/o. Mr. Narayana Aged 65 Occ: Agricultural R/o.Muthangi Village, Patancheru [r,landal, Sanga Reddy District

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Mrs. Gadila Anasuya, Wo. Laxma Goud Aged 80 Occ:House wife R/o.Muthangi Village, Patancheru Mandal, Sanga Reddy District

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'17. Mr. Nalla Mallesh, S/o.Yadaiah Aged 45 Occ: Agricultural Ryo. lvluthangi Village, Patancheru Mandal, Sanga Reddy District

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Mrs. Nalla Anjamma, Wo. Yadaiah Aged 50 Occ: House wife FVo. Muthangi Village, Patancheru Mandal, Sanga Reddy District

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Mr. Joshi Vasantha Sharma, S/o. Rajaiah Aged 65 Occ:Agricultural Rl/o.Muthangi Village, Patancheru Mandal, Sanga Reddy District

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Mr. Joshi Satyanarayana Sharma, S/o. Rajaiah Aged 55 Occ: Agricultural Rl/o.Muthangi Village, Patancheru Mandal, Sanga Reddy District

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Mrs. Karroni Yellamma, Wo. Gangaiah Aged 60 Occ: House wife Rl/o.Muthangi Village, Patancheru Mandal, Medak District

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Mr. Ram Reedygari Narsimha Reddy, S/o. Narayan Reddy Aged 53 Occ:Agricultural R/o. Muthangi Village, Patancheru l/andal, Sanga Reddy District

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Bommareddy Narender Reddy, S/o. Gopal Reddy Aged 44 Occ: Business No.2-2-6471N83, Saidabad Nager Colony Bagh Ambaerpet, Hyderabad

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the official respondents more particularly that of the 4th respondent in updaling revenue records and issuing digitalized patta pass book in favour of the respondents 6 to 23 in respect of lands in survey numbers 176, 195/RU, 1961A2, 1964,^{'196/A4,195/U2,} 1871U4, 1871U4, 1871E2,1871U1, 1901E, 192, 2201A1, 2201E 2391A2, 2391A3, 1971E, 198lEE, 2231E3,2381A3, 180/EE, 195/41, 197/AA,'198/A, 197/E, 198tA, 195tE4, 179lAA, 1971A, 1951A2, 1 87/A3, 190/A, 19018, 2231U3 all are situated at Muthangi Village, Patancheru Mandal, Sangareddy District, without any notice or without any enquiry and not considering the representations 04.02.2020 and 12.1O.2020 as being arbitrary, illegal, violative of Principles of Natural Justice and Art. 14, 19, 21 and 300-A of Constitution of lndia and against procedure contemplated under CCLA Circular No.1 ref No.Ctr,4RO/342l17, daled 09.09.2017 and also provisions of Telangana Rights in Land and Pattadar Passbook Act, 1971 and Telangana Rights in Land and pattadar Pass Book Ac1,2020 and set aside the same and to grant such other relief r reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case =

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lA NO: 1 OF 2020

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4fh respondent to consider the representation dated 04.02.2020 and 12.10.2020, of the petitioner to cancel the pattadar pass books I E -pass Books] issued in favor of respondents No.6 to 23 pending disposal of the Writ Petition.

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Counsel for the Petitioner : SRI G.TIRUPATHI REDDY

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Counsel for the Respondent Nos.'l to 4 : GP FOR REVENUE : SRI N. SRIDHAR REDDY Counsel for the Respondents The Court made the following : ORDER

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HON'BLE SRI JTISTICE K.LAKSHMAN

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WRI'[ PETITION No.21503 OF 2020

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ORDER:

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Heard Mr. G. Thirupathi Reddy, learned counsel lor the petitioner, learned Assistant^(lovemment Pleader for Revenue appearing on behalf of respondent Nos. I to 4 and Mr. N. Sridhar Reddy, leamed counsel appearing lor respondent No.23. Despite service ol notice, none appears on behalf of respondent Nos.5 to 22.

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This rvril petition is ll led to declare the action of olficial respondents, more particularly respondent No.4 in updating revenue records and issuing digitalized patta pass book in favour ol respondent Nos.6 to 23 in respect of lands in Survey Nos.l76, l95iR.U, 1961A2, t96A, t96tAA, r95lU2, r87llr4. t87lU4, t87lU4, t87/E2, t87lUl, t90lE, 192, 2201Ar,220R, 239tA2, 2391A3, l97lE, tgglEE, 223/E3, 238tA3,t80lEE, r95lAl, t97tAA, l98lA, 197{E, t98lA, 195/84, l79lAA, t97lA, t95lA2, l87r\3. l90lA, 1901E and 223ft13, situated at Muthangi Vitlage, Patanchcru Man dal, Sanga Reddy District, without any notice or without arry enquiry and nol considering^the representations dated 04.02.2020 and 12.10.2020 as i[legal and against

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the proceciure conternplated under CCLA Clircular No.l^rcl No.CMRO/342117, dated 09.09.201'7^{and alsothe provisions of the} Telangana Rights in Land and Pattadar Pass Bcok Act, l97l and thc Teiangana Rights in Land and Pattadar^Pass Bock Acl, 2020 and to^s,.:t aside the same.

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3. CASE OF THE PETITIONER:

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i) The petitioner is a rcgistered Associatjon. Ou,ners ol Plots purchased rlom respondent NIo.5 are the Members of the petitioner assoclatlon.

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ii) According to the petitioner, respondent I'Jo.S had purchased largeextentof landinSurveyNos. 176, 179, 180, 185, 186, 187. 190, 192, 195, 196, 197, I 98, 20 l, 220, 202, 223, 2'33 and 239, situated at Muthangi Village, Patancheru Mandai, Sanga Reddy District.

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iii) It had obtained conversion proceedings converling the agricultural land to Non-agricultulal. it has developed the aforesaid land after obtaining Layout frorn the Authorities under the name and styte "GPR Brundavan Gardens, GPR Sri Sai Gardens and GPR Gt'eenland's". The details of the acquisition are also specifically

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mentioned in a tabular tbrm in paragraph No.3 of the writ affidavit. They have purchased the plots liom 2003 to 2005. They have also obtained regularization proceedings from HMDA pursuant to the G.O.Ms.No.l5l, dated 02.11.20 15. The members of the petitioner association are in possession of their respective plots.

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iu) The then Govemment of Andhra Pradesh had acquired some ol the plots in the said Layout for formation of Outer ring RoadPhase-ll. Vide proceedings dated 05.09.2007, the Project Director and Special Collector, Outer Ring Road Project announced compcnsation package in respect o1'such plots which were acquired. An award dated 27.05.2008 was also passed. Compensation was also paid. Therefore, it is evident that the subject land is not an agricultural land and it is a non-agric u ltural land.

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v) Supprcssing the said fact, respondent Nos.6 to 23 approached respondent No.4 with a request to issue digitalized pattadar pass books ar.rd title deeds and also to include their names and pay Rythu Bandhr to them in respect of the subject propeny. l-here{bre, the petirioner herein had submitted a representation dated

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04.02.2020 to^{responderlt No.4 with a request to deletethe naines of} the original pattadars^{and incorporatethe natrre of 'GPR Housing} Plots'. The same^was not^{considered. On the other hand, respondent} No.4 had issued e-pass^{booksin favour of respondentNos.6to 23.} Thus, respondent No.4 has^{issued the aloresaide-passbooksin favour} of respondent Nos.6 to 23 without^{conductingany enquiryarrd} without follorving due procedure laid dor.vn^under" the^{provisionsof thc} Telangarra Rights in Land and Pattadar Pass Book Act,2020^(for short 'ROR Act').

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vi) Referring to CCLA Circular No. I Ref No.CMROl34).i11 . dated 09.09.2017, learned counsel for the petitioner would submit that the said Circular was issued fol the purpose of 'Desk Verification' and updating revenue record. Respondent No.4 did not consider the procedure laid down under Clause - 10 of the said Circular while issuing e-pattadar pass book in favour of respondent Nos.6 to 23.

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vii) They have submitted another representation dated 12.10.2020 to respondent Nos.2 to 4 with a request to cancel the

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pattadar passbooks issued in favour of respondent Nos.6 to 23 and the same was not considered. Therefore. the present petition

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CONTINTIONSOF RESPONDENT Nos.l to 4:

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On the other hand, leamed Assistant Govemment Pleader lor Revenue would submit that respondent No.4 has flollowed the procedure laid dorvn under the ROR Act and issued e-pattadar pass books in favour of respondent Nos.6 to 23, and if at all the petitioner is aggrieved of'the same, it has recourse under the ROR Act, 2020. Instead oldoing so, it has filed the present writ petition.

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CONT[.NTIONS OF I{ESPONDENT No.23:

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Mr. N. Sridhar Reddy, Ieamed counsel for respondent No.2 would submit that respondent No.23 had purchased the land admeasuring Ac. 1.00 in Survey No.176, situated at Muthangi^village, Patancheru Mandal, Sangareddy District, under a registered sale deed bearing document No. 19053 of 2016, dated 17.08.2016. He isⁱⁿ possession of the said propert),. He has obtained old pattadar pass book and title deed on 20.09.2016 and also mutation^{proceedings in} his favour. Thereafter, he has srrbmitted application through online

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for issuance of^pass book Pursuant^{to the New ROR Act and the same} was not considered. Therefore, he^{has filed a} "vrit^{petition vide W.P.} No.957 of 2020, and this Court^{viCe order dated 10.01.2020, disposed} of the said wiit petition directing respondent^{No.4 to considerthe} request made by respondent No.23 for issuance of^{e-pattadar pass} book. In compliance of the said order, respondent No.4 had issued^e- pattadar pass book in his favour. Thus, according to respondent No.23, he is the absolute owner and possessor of the afbresaid land admeasuring Ac.l.00 guntas in Survey No. l76 of Muthangi Village. If at all the petitioner or its members are having any grievance, they have to avail the remedies available under ROR Act,2020. Instead of doing so, it filed the present writ petition. In view of the same, he sought to dismiss the writ petition.

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6. ANALYSIS AND FINDING OF THE COURT:

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i) As discussed above, respondent No.5 has purchased huge extent of land from respondent Nos.6 to 23 and their predecessors-ininterest, the details of the same have been mentioned in a tabular tbnn in paragraph No.3 of the writ affidavit containing document number,

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date ol purchase. sulvey numbcr and extent etc. But, they have not given actual pafticulars i.e., total extent of land acquired by respondent No.5. vendor's name/pattadar name, survey number and village name etc.

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ii) According to the petitioner, respondent No.5 had obtained converslon proceedings convefting the aforesaid land from agricultural to non-agricultural. developed the same, obtained layout and sold the said propefty to third parties. Members of the petitioner society have purchased some 01-the plots from 2003 to2006 lrom respondent No.5. According to them, they are in possession ol the property.

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iii) It is the further contention of the petitioner that some of the plots rvere acquired by the then Covemment of Andhra Pradesh by way of issuing the afbresaid Notitication and awards were passed and compensations were also paid. It is relevant to note that the details of the same are not specifically mentioned in the writ affidavit. However, they have filed copl' ol the award. The Members of^the petitioner association, owners of the plots, have also obtained LRS

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proceedings from HMDA. They^{have filed someof the copiesin the} present writ petition. Thus, the^{petitioner herein has not mentioned} complete details of the aforesaid^{aspectsi.e., details of the plots} acquired by the then Govemment of^{AndhraPradeshfor the purpose} ofORR Phase.ll, extent, survey numbers and^{viilage name etc.They} have also not mentioned about the left over plots with^plot numbers, its extents an<I names of plot owners etc., The same are silent even in the aforesaid two representations dated 04.02.2020 and 12.10.2020. The said representations are vague. However, now they are seeking a direction to official respondents to consider the said representations and take action in accordance with law.

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iu) It is relevant to note that respondent No.l has issued Circular No.l vide reference CMROl342l17, dated 09.09.2017 for the purpose of pilot exercise of purification and updation of land r.ecords. The procedure was laid down. Clause - 10 of the said Circular deals with 'statutory processes to be followed for correction/updation of records. The same is mentioned below:

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a. As per the provisions and rules framed under T.S. Land in Pattadar Passbook and Title Deed Act,l97l and subsequent

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amendments. the^'Iahsildar is compelent to make corrections and continuous updation of Record of Rights.

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b. Correction/Updation of reeords based on the field inspection shall be carried out by the tearn.

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c. Conduct of (Grama Sabha) Rythu Sabha for the 2nd time and

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i. Reading ol available List of Non-Agricultural lands/Central & State Government assets list etc.( Encloscd).

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ii. Reading out of corrected /updated l-B and Pahani.

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d. Verification of corrected l-B and PPB, other relevant documents ol each pattadar ,1 owner with reference to updated pahani (or) rvith dra ii notification.

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e. The declaration ol the Pattadar / Farmer shall be obtained in Annexure-V (enclosed).

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f. Where there is no rival claim and the claim is clearly established by documentary evidence, necessary proceedings to be issued by the Tahsildar in Annexure-Vl (enclosed) before the conclusion ol the village visit after due enquiry/field visit if necessary.

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g. Recording the disputes and details in unseftled issues register prescribed.

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h. Pahani and 1-B register shall be updated duly following the statutory processes laid down in the Act & Rules.

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v) It is also relevant.to note^{that the Chief Secretaryand} CCLA had issued^{certain instructionsto the District Collectorsrvith} regard to disposal of certain items^{vide CCLA'sCircularNo. l/2021,} dated 15.01 .2021. The aforesaid^{instructionsincludepending} mutations (including sold out cases)^{and anyother land matters.}

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vi) The grievance of the petitioner in the^{presentwrit petition} is that though respondent Nos.6 to 23, owners of the land, have^sold the said lands to respondent No.5 and respondent No.5 after obtaining lay out, conversion proceedings, developed the said land into plots, sold it to the members of the petitioner association, still the names of respondent Nos.6 to 23 are continuing in the revenue records. Basing on the same, they are trying to alienate the said land to third parties. They have also submitted applications to respondent No.4 with a request to issue pattadar pass books. On coming to know about the same, they have submitted the aforesaid representations with a request not to entertain the application submitted by respondent Nos.6 to 23 for issuance of pass books. They have also sought correction of entries.

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vii) As discussed above, the petitioner herein has not mentioned completc details in rhe present writ affidavit and also in the aforesaid two representations. The aforesaid two representations, dated 04.02.2020 and 12.10.2020 are vague

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viii) During the course ol'hearing, Mr. G. Thirupathi Reddy, leamed counsel has produced c-pattadar pass books issued in favour of respondent Nos.6 to 23 issucd on different dates from July, 2018 to June. 2020.

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ix) According to respondent No.23, he has purchased the atbresaid land admeasuring Ac.l.00 guntas in Survey No.176 of Muthangi Village. ['lis name u,as mutated in the aforesaid land and e- pattadar pass book was issued in his favour.

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x) It is also relevant to note that in supersession of the Telangana Rights in Land and l)attadar Pass books Act, 1971 (Act,26 ol 1971), the State prornulgated the Acl,2020 simplified procedure of entries in revenuc records and confined to three circumstances in which request can be made fbr alteration of entries in revenue records

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l.e. sale/gifl/moftgage, succession/survivorship/^{inheritance and by} way of Court decree.

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xi) Thus, the^{procedure was laid down for registration and} effecting thc mutation in the^{Record of Rights underSections - 5, 6} and 7 of the ROR Act. If the^petitioner or its members^{are aggrieved} by e-pattadar pass books issued in favour of respondent Nos.6^{to 23,} they have to avail remedy under the ROR Act, 2020 including correction, cancellatior-i of e-pattadar pass books and mutation proceedings etc.

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xii) As discussed above, CCLA has issued Circular No.1/2021, dated 15.01 .2021, and as per which, the petitioner or its members have to submit online application with District Collector, who in tum, will conduct enquiry and pass appropriate orders. There is no dispute with regard to the purchase of plots by the members of the petitioner society from respondent No.5. Even then, the names of respondent Nos.6 to 23 are continuing in the revenue records. Therefore, respondent Nos.6 to 23 cannot take advantage of the same. However,

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the petitioner or its members has to lollow the procedure taid down under the ROR Act, 2020 seeking correction of entries.

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7. CONCLUSION:

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In view ot the aforesaid discussion, this writ petition is disposed of granting liberLy to the petitioner or its members to avail alternative remedy availablc under ROR Act, 2020, by filing appropriate online applications as per the procedure laid down under the ROR Act, 2020 and also CCLA Circular No. I of 2021, dated 15.01.2021 along with supporting documents with District Collector and on filing the same, the District Collector shall consider the same and pass a reasoned order strictly in accordance ri,ith law by putting the petitioner or its members and respondent Nos.6 to 23 on notice and affording them an opportunity of hearing and also communicate copy of such order to them. l-lowever, there shall bc no order as to costs.

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As a sequel thereto, miscellaneous petitions, if any, pending in

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the writ petition shall also stand closed.

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SD/.K.AMMAJI ASSISTANT^REGIST

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tL -(. ,TRUE COPY// SECTION OFFICER

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To,

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