The High Court allowed a writ petition challenging a memo refusing pattadar pass books. The court set aside the memo due to irregular panchanama proceedings violating natural justice and the Telangana Rights in Land and Pattadar Pass Books Act, 1971.
The impugned Memo dated 04.09.2020 was set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[32s6 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENry FOUR
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 1957 OF 2021
Between:
...PETITIONERS
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of Indiapraying that in the circumstances stated in the affidavit filed therewith, theHigh Court may be pleased to issue order or direction more particulady in the nature of Certiorari calling for the records of Memo dated04.09.2020 of the 4th Respondentand declare the action of the 4th Respondentin not consideringthe representation for issuance of pattadar Pass books and title deeds in agriculturalland bearing Sy no 132 for an extent of Ac 6.13 Guntas, Sy no 249for an extentof Ac 0.03 Guntas, Sy no 263 for an extent of Ac 0.07Guntas, Syno 221 for an extent of Ac 0.39
I I I I
Guntas, Sy no 279 for an extent of Ac 0.09 Guntas, Sy no 464 for an extent of Ac 7.35 Guntas, Sy no 443 for an extent of Ac 3.28 Guntas, Sy no 5g4 for an extent of Ac 1. 13 situated at Begumpeta Revenue Village, Ramagiri Mandal, peddapally District as illegal, arbitrary and violative of Principles of Natural Justice and consequently set aside the Memo dated O4.09.2O20.
IA NO: 10F 2021
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 suspend the Memo dated 04.09.2020 pending disposal of the above writ petition.
Counsel for the Petitioner : SRI V.T.KALYAN
Counsel for the Respondents: GP FOR REVENUE
The Court made the following: ORDER
THE HON'B LE SRI JUSTICEC.V.BHASKAR REDDY
WRIT PETI TION No.1957 of2O2].
ORDER:
This Writ Petition is hledquestioning the orders passed by respondent No.4 in memodated O4.O9-2O2O thereby relusing to issue pattadar pas books infavour of the petition".s in tespeit of agricultural lands, totaladmeasuringAc.1- 13 guntas, situated in S"y.Nos.132 ,249, 263, 221, 279, 464,443 and 584, at Begumpeta Viliage, RamagiriMandal,PeddapallyDistrict,on the ground that theywere notfound in possessionof the subject property, as illegaland arbitrary and for other appropriate reliefs.
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before conducting panchanama, issued the impugned memo refusing to consider their request stating that they are not in possession of the said land.
-)
6 For the aforesaidreasons,the Writ Petitionis allowed' setting asidethe impugnedmemodated04 'O9'2O2O and leaving it open to thepetitioners to agitate their claims before the appropriateforum for making entriesin the revenuerecords'if they are soadvised.
Pendingmiscellaleous applications,if any' shallstand
closed. Noorder as to costs
sd/.P.c-11!+flf'HH3ll1Hif; ASs r,\ - //TRUE COPY" secrrdhbrrrcen
To,
BSK Yy MP
HIGH COURT
DATED:28111t2024
ORDER
WP.No.1957 <tf 2021
ALLOWING THE WRIT PETITION WITHOUT COSTS
da 1o &
1 issue framed by the court
Whether the impugned memo refusing to issue pattadar pass books without due notice and valid panchanama is legal and arbitrary.
1 provisions across 1 enactments
Mohammad Adbul Sather and Others
State of Telangana
District Collector, Peddapally District
Revenue Divisional Officer, Manthani
Tahsildar, Ramagiri Mandal
C.V. BHASKAR REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
