Patlavath Tariya Vs The State of Telangana

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

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WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 10682 OF 2025

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Between:

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'1 Patlavath Tariya, S/o Ram Singh, Aged about 48 years, Occ. Agriculture, FVo Shankarpally Thanda, H/o Suraram (V), tt/ahabubnagar District.^-

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Patlavath Deekya, S/o Ramulu, Aged about 50 years, Occ. Agriculture, R/o Shankarpally Thanda, H/o Suraram (V), tVahabubnagar District.^-

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Patlavath Laxman, S/o Sevya, Aged about 42 years, Occ. Agriculture, Rl,/o Shankarpally Thanda, H/o Suraram (V), tr,4ahabubnagar District.^-

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Patlavath Govind, S/o Nanya, Aged about 42 yea$, Occ. Agriculture, Rl/o Shankarpally Thanda, H/o Suraram (V), tVahabubnagar District.-

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...PETITIONERS

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AND

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1 The State of Telangana, Rep. by its Principal Secretary, Department of Revenue, Secretariat, Hyderabad. Telangana State.

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2 Patlavath Deelya, S/o Ramulu, Aged about 50 years, Occ. Agriculture, Rl/o Shankarpally Thanda, H/o Suraram (V), lVahabubnagar District.

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3 The District Collector, Mahabubnagar District At frrlaha bu bnagar.

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4 The Additional District Collector (Revenue), Mahabubnagar At Mahabubnagar.

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The Revenue Divisional Officer, Balanagar Drvision, [,4ahabubnagar District.

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6 The Tahsildar, Balanagar firlandal, I\ilahabubangar District.

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7 Smt. C. Sushma Rajesh, W/o Rakesh Vasu, Aged lvlajor, Occ. Not Known to the Petitioner, Rl/o Plot No.273, Road No.10 P, MLA and MP Colony, Jubilee Hills, 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 any writ, order or direction more particularly one in the nature of, Writ of Mandamus directing the 5th respondent to restore the original entries in

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the P.T. Regrster against Sy.No.44 (Ac.9-03 gts) cf Balanagar lt4andal, lrlahabubnagar District by considering the representation of the petitioner dated 2010212025 in respect of the olds in Sy.No.44 to an extent of Ac.9-03 gts of Balanagar N/andal, l\rlahabubnagar District, Telangana State as per the order File dated 211O2,t2025 passed by the 3rd respondent in No- Rev. F2lINAI\A1153412017 daled 2010212025 and consequently direct the respondents to consider the representation of the petitic ner dated 2010212025 made to the 4th respondent.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated tn the affidavit filed in support of the petition, the High CoUrt may be pleased to direct the respondents to dispose of the the representation of the petitioner dated 2010212025 made to implement the orders in File No.Rev.F2lINAM 1153412017 dated 20102/2025 passed by the 3rd respondent, pendirg disposal of the writ petition in the interest of justice.

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Counsel for the Petitioner : SMT.B.SUMUKHA

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Counsel for the Respondents No.1to6 : ASST.GP FOR REVENUE

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Counsel for the Respondents No.7 :

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTIC EC.^{V.BHASNARREDDY}

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IIIRIT PETITION No.1O6a2 of2o25

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ORDER:

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This writ petition is filed seeking following^rclief:

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"For the reasolls stated r1 the accompan5'ing^{affidavit,it is pra,r'ed thatthis} Hon'ble Court may be pleasccl to Issue anl^{rr rit.oldcr ordirectionmore} particularly onc in the nature of, Writ of Mandamus directing^{the 5'r'respondent} to restore the original entries in the^{P.T. Registeragainst Sy.No.44(Ac.9-O3 gts)} of Baianagar Manctal, Mahabubnagar District^{by considering thc rcprese[tation} crf the petitioner dated 2O'O2-2O25 in respcct^{oI the larrrls inS-r'.No 44 to an} cxtcr)t of .\c.9 03 gts of Balanagar Maldal, Mahabubnagar^{Dislncl,'lelangana} Statc zrs per the or(ler dated 2I-02-2025^{passedb-y the3nt rcspondct.ttin [rjleNo'} Rev.F2i INAM/1534 l2Ol7 datcd 20-02^{2025 andconseqLrentl(lrrectthe} respordents to consider thc rcpreseIltation^{of the petitiotrcr(late(l 20 02 2025} made to the 4u' respondertt and^pass such^{otherorder or olders as rhis t{on'ble} Corlrt deems fit and proper irl the^{circumstances of thc case."}

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It is stated that originally Sri Lambadi^{Chandruwas the original} protected tenant of land admeasuring Acs. 9.O3^{guntas in SurveyNo.44,} situated at Suraram Village, Balanagar^{Mandal, Mahabubnagar District(for} short, 'the subject landJ. It is furlher^stated that^{afler the deathof the} original protected tenant, the^{petitioners becamethc successors of the} subject land, but their names were^not entered in^{thc revenuerecords. It is} further stated that the name^{of the originalprotectedtenantwas rounded off} against the subject land by the 5n^{respondent-Tahsildaruldeproceedings} No.L/247 12006 dated 08.03.2006^{without issuing proper notice to the} afiected parLies. It is further^{stated that aggrieved by thc orderdated} 08.03.2026 passed by the 56^{respondentuide proceedingsNo A/247} 12006' the petitioners^have filed an^{appeal before the 3.d respondent.-Additional}

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2

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CVBR, J W.P.No.1O682 of 2O25

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District Collector and the 3.d respondent allowed th e said appeal uide proceedings No.Rev/F2lINAM/1534/20 17 dated 1O.O2.2O25 by setting aside the proceedings No.A/247 l20O6 dated Oa.O3.2O26 on the ground that as per the provisions of Section 19(1) of the Tenancy Act, 1950 the originat protected tenant shall hle written application exp:essing conscnt to relinquish P.T.^.r'ights over the P.T. lands before the Tahr;ilclar in person, but in the instant case, no such procedure has been follov,zed and as the said surrender is contrary to the Telangana Abolition of Inamr; Act, 1955, directed the Tahsildar tc reslore thc original entries in the P.T. Register against the subject 1and.

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The above said order has been passed on 7O.O2.2O25 and even within a period of one month of passing of the said or-der, the petitioners have filecl the present writ petition seeking for implem,:ntation of the said order, even without giving any reasonable time to the respondents for implementation of the said order. To issue writ of manctamus, a reasonable time has to be granted to the authorities and if the authorities fail to act within a reasonable time, this Court is having powor to issue writ of mandamus for implementation of the orders passed as trrer the provisions of the statute. Admittedly, in the instant case, order dar_ed 10.02.2025 has been passed by the 3rd respondent and a copy of the sarr e has been received by the petitioner on 13.O2.2025 and even before impleme,ntation of the order dated 1O.O2.2O25, the petilioners have filed the present rvrit petition seeking implementation^,:f the said order dated 1O.O2.2025. Therefore, this Court is

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3 CVBR, J W.P.No.1O682 oJ 2025

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of the pima facie view that there is no willful or deliberate action on the part of the respondents for non-implementation of the order dated 10.02.2025 as the present writ petition is filed by the petitioners without giving any reasonable time to the respondent authorities for implementation of the said order passed by the 3rd respondent. Hence, the present writ petition liled by the petitioners is misconceived and liable to be dismissed.

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4 . Accordingly, the Writ Petition is dismissed. However, the petitioners are permitted to make a representation to the respondents seeking for implementation of the order dated 1O.02.2025. If the said order has not been implemented even after reasonable time, then the petitioners are at liberty to invoke the jurisdiction of this Court, in accordance with law.

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Miscellaneous applications pending, if'any, shall stand closed. There shall be no order as to costs.

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SD/.K.BHAVANI SWAMY ASSISTANT REGISTRAR

//TRUE COPYi/

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SECTION OFFICER

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