Petitioners claimed land as successors of protected tenants and sought pattadar passbooks for Ac.15-32 guntas in Balnagar village. The court held that absent an ownership certificate under Section 38 of the Telangana Tenancy and Agricultural Lands Act, 1950, they were not entitled to passbooks and dismissed the writ petition.
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.
[32961
I
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
MONDAY .THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENry FOUR
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 35265 OF 2024
Between:
AND
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 a order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the Respondent No. 2 to 4 for not issuing the Pattadar passbook to the extent of Ac. 15-32 guntas in Sy. No.8 and 8/1 , situated at Balnagar Revenue Village, Balnagar Mandal, Mahbubnagar
District is as illegal, arbitrary, violation of the principles of natural justice and as well as the fundamental rights guaranteed under the constitution of lndia and consequently, direct the official respondents to issue thepattadar passbook by deleting the illegal entries in the revenue records to the extent of Ac. 15-32 guntas in Sy. No.8 and B/1, situated at Balnagar Revenue Village, Balnagar Mandal, Mahbubnagar District
lA NO: 1 OF 2024
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 respondent No.2 to 4 to consider the petitioner's representation dated 21 .03.2023 to Respondent No.4, dated 12.11.2024 to Respondent No. 2 and Respondent No. 3 and dated'19.11.2024 to Respondent No.4 and Dharani Application vide application No. 240000263 dated 06.01.2024 and issue the new Pattadar passbook to the remaining land to the extent of Ac. 15-32 guntas in Sy. No.8 and B/1 , situated at Balnagar Revenue Village, Balnagar Mandal, Mahbubnagar District. forthwith pending disposal of the main writ petition
Counsel for the Petitioner: SRl. NALLAMASU KRISHNA
Counsel for the Respondent Nos. 1to4: GP FOR REVENUE
Gounsel for the Respondent Nos.5to7:-
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION NO,35265 OF 2024
ORDER:
This rvrit pctition is liled by the petitioners seeking the follorving relief
'.....k) {leclere the itaction of tlrc respondent Nos.2 to 4 for not issuiuq tle patledfirpas-sDook to an ertentof Ac.15.32 gfs i/l Sy.No 8 utrl 8/ I, siluated ot BoLnagarReuenue Village,Balnagar Manrlal, IllahbuLtrrttglcrt Disrncr rrs illegol, arbitrary, uiolatiort ofthe priru:iples of tturel Trisli<'e as Luell as the fundantettaliglttsgttoranteetT uncla tlrc('orr-stifulion of Indtaand forotlrcr appropiaterelie.f.s".
.
CVBR,J wP 35265 2024
2
Books Act, 2O2O (for short "thc ROR Act, 2O2O"l. The grievance of the petitioners is that evcn afte r rccciving the said application, the respondent authoritics havc rrot taken any action on the representation dated 2l .O3.2O24 seeking for issuance of pattadar passbook.
CVBR,J wP_35265 2024
3
ROR Act, 2020, thervrit petition filed is misconceivedand is liable
to be dismisscd.
Miscellaneous petitions, if anypending in this writ petition
shall stand closed. No costs.
SD/- K.AMMAJI ASSIS T REGISTRAR
//TRUE COPY//
ON OFFICER
To,
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HIGH COURT
DATED:1611212024
ORDER
WP.No.35265 of 2024
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DISMISSING THE WRIT PETITION WITHOUT COSTS
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2 issues framed by the court
Whether the authorities were bound to issue pattadar passbooks for Ac.15-32 guntas in Sy.Nos.8 and 8/1 without an ownership certificate under Section 38 of the Telangana Tenancy and Agricultural Lands
Whether petitioners claiming through protected tenants were entitled to pattadar passbooks under the revenue statutes.
3 provisions across 3 enactments
Pabba Bal Raj
P. Anthaiah
P Srinivas @ Mangali Srinivasulu
Pabba Ramesh
The State of Telangana, Rep. by its Principal Secretary Revenue Department
The District Collector, Mahbubnagar
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
