Disposed

Mohammad Socihara bi and another v. The state of Telangana and 5 others

Telangana HC20 Nov 2024WP/2970/2023

Case brief

AI extract

What is this about?

This High Court disposed of a writ petition challenging the issuance of pattadar passbooks to the respondents in a land dispute. The court held that pending a declaration from the competent civil court, the High Court cannot interfere and directed the petitioners to obtain a decree first.

What did the court decide?

Petitioners directed to approach competent Civil Court for declaration decree before seeking mutation under Section 6 of the ROR Act, 2020.

Mohammad Socihara bi and another Vs The state of… — Property and Title | Telangana HC (2024)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 2970 OF 2023

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Between:

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Mohammad Socihara bi, Wo [/ohammed Baber, Aged 63 years, Occ. House Hold, Fl/o H-No. 4-9-14, Dharmakancha, Jangaon-506167.

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Mohammad Anjum, Wo Mohammad Majeeth, Aged 37 years, Occ. House Hold, Ri./o H-No. 4-9-14, Dharmakancha, Jangaon-506'167.

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.....PETITIONERS

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AND

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'1. The State of Telangana, Represented by its Principal Secretary Revenue Department Telangana State.

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District Collector Bhuvangiri, Bhongiri District.

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Revenue Divisional Officer, Bhongiri Division, Bhongiri.

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Mandal Revenue Officer, Atmakur ltIandal, Atmakur Bhongiri District.

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Mohammed Abbas, S/o Mohammed BabarAged 42 years, Occ. Business R/o H-No. 1-94, Palle Pahad, Teryala Nalgonda;Telangana-SO8'l 1't.

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Mohammed Azmath, S/o Mohammed Babar, Aged 38 years, Occ. Business R/o H-No. 1-94, Palle Pahad, Gundala Nalgonda, Telangana-s081'16.

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.....RESPONDENTS

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Petition Under Article 226 ot the Constitution of lndia^praying that in the circumstances Stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Direction more Particularly one in nature of Writ of Mandamus declaring the action of the Respondent No.2-4 not considering the' Petitioner application dated.06-01 -2023 for cancellation of Pattedar Pass book issued by Respondent No-4 document with respect to land admeasuring Ac^'l .55 gts in. Survey No. 47t2At1,4711Al1 , situated at Palle Pahad villagi Atmakur Mandal, Yadadri-Bhongir District is against to the Article 14 and 21 of the

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constitution, and Principles of Natrual Justice and also direct the Respondent No.2-4 to conduct detailed enquiry in respect of above mentioned land and consequently direct the Respondent Authorities to mutate petitioner Dame and Petitioner No.2 share in Passbook and^pahanis in respect of above mentioned land.

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LA.NO:1 OF 2023

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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 respondents No.276 not to alienate the above mentioned agricultural Iand and interfere with the peaceful possession and enjoyment of the petitioners over the agriculture land admeasuring Ac 1 .55 gts in Survey No. 47t2At1 , 47t1N1 situated at Palle Pahad Village, Atmakur Mandal, yadadri-Bhongir District Pending disposal of above writ petition.

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Counsel for the Petitioners : SRI P.ACHUT RAMA SHASTRY

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Counsel forthe Respondent Nos.1 to 4 : Gp FOR REVENUE

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Counsel for the Respondent Nos.S & 6 : SRI T.KISTAIAH

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The Court made the following ORDER

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THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

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WRIT PETITION No.297O of 2023

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ORDER:

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This Writ Petition, under Article 226 of tLte Constitution of

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India, is filed seeking the lollowing relief

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1..to issue Wit or Direction more Particularlg one in ftature of Wit of Mandamus declaing the action of the Respond.ent No 24 not consideing the Petitioner application dated 06.O1.202p for cancelLation of Pattedar Pass book issued by Respondent No. 4 document with respect to lond admeasuing Ac- 155 gts n Surueg No. 47/2A/ 1, 47/ 1A/ 1 situated at Palle Pahad utllage, Attnakur Mctnda| Yadadi-Bhongir Distnct is against to the Arlicle 14 and 21 of the constitution and Principles of Natural Justice and^qlso direct the Respondent No 24 to coruduct detailed ettquiry in respect of aboue ntentioned lctnd and consequentlg direct the Respondent Authorities to mutate mg name and Petitioner No. 2 share in Passbook and Pahanis in respect of aboue mentioned land. . . "

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2, Considered the submissions of the learned counsel fcr the

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respective parties and perused the record.

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The case of the petitioners is that the land admeasuring Ac. 1-55 guntas in Sy.Nos.47l2A/ 1 and 47 llAl 1 situated at Palle Pahad Village, Atmakur Mandal, Yadadri-Bhongir District, has been acqtired by the husband of petitioner No. 1 by virtue of registered sale deed. It is the further case of the petitioner No. I that after the death of her husband, without conducting any enquiry, respondent No.4 has issued pattadar passbooks and

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'"lt

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title deeds in favour of her sons i.e., respondent Nos.S and 6, in respect of the subject property and in that regard, she has submitted a representation, dated 06.01.2023 before rhe respondent No.4 seeking to cancel the pattadar passbooks issued in favour of respondent Nos.S and 6, but till date, no action has been taken by the respondent No.4.

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Except submitting an application before the respondent No.4, the petitioners havc not filed any revision under the provisions of the Telangana Rights in Land and pattedar fassbooks Act, 2O2O (for short^.ROR Acr, 2O2O"l or at least taken any steps for correction of the entries in terms of the Land Records Updation Programme (LRUP), which has been introduced by the Government for updation of the records and at this length of time, questioning the issuance of pattadar passbooks to the respondents would' cause hardship to the persons, who are in possession of the said property.

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In view of the above submissions, since there is a dispute with reghrd to the subject property, this Court deems it appropriate to dispose of this writ petition relegating the petltloners...to approach competent Civil Court and obtain declaration decree, in accordance with law. In the event of

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-l

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granting any declaration decree by the competent Civil Court, the petitioners are entitled to submit an^{applicationunder} Section 6 ol the ROR Act, 2O20,^{seekingamendment of record of} rights. ln the event of filing such application,^{the respondents} shall consider the same, in accordance with law^{and pass} appropriate orders.

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With the above observations, this^{Writ Petition is disposed} of No order as to costs.

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Pending miscellaneous applications, if any,^{shall stand} closed.

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SD/.T. TIRUMALA^DEVI ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

The Principal^{Secretary, Revenue DepartmentState of Telangana at} Hvderabad. Telanqana^State.

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The District Collector^{Bhuvangiri, Bhongiri District} -.

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The Revenue^{Divisional Officer, Bhongiri Division, Bhongln'} ;. iii; iyi;;;rl Rur"nu.^{officer, Atmakui Mandal,Atmakur Bhongiri District} , s. i;;'iC; b^{e'F FoC nrver.tue, Higncourtfor the stateof relanganaat} Hyderabad. [OUT] 6 dr;-cCto Snt^{p.hcsurRAMA SHASTRY' AdvocatetoPUcI}

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On" CC to SRI^{T.KISTAIAH' Advocate (OPUC)}

B. Two CD CoPies

BS$

HIGH COURT

DATED:2011112024

ORDER

WP.No.2970 of 2023

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DISPOSING OF THE W.P

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WITHOUT COSTS.

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OGf.4 k^*

Mohammad Socihara bi and another v. The state of Telangana and 5 others

Case brief

What is this about?

What did the court decide?

Mohammad Socihara bi and another v. The state of Telangana and 5 others

Case brief

What is this about?

What did the court decide?

What the court decided

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