Sapavath Ramulu, Vs The State of Telangana

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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of fVlandamus, declaring the action of the Respondent No.3 in issuing the endorsement d1.2811112022 whereby rejecting the petitioner's request to incorporate his land admeasuring Ac.1.00 in the missing Sy.No.103/E/1 without assigning any valid reasons despite issuing pahanies and ROR in the name of the petitioner asilegal, arbitrary, unconstitutional and contrary to the provisions of TS ROR Act and consequently by setting aside the impugned endorsement of the 3rd respondent and 2811112022, direct the respondents to forthwith incorporate the petitioner's land under missing Sy.No.103iEl1 to an extent of Ac.1.00 situated at Chennaipalem Village, Mattampalli Mandal, Suryapet District.

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lA NO:^'t 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 not to interfere with the peaceful^possession and enjoyment of petitioner's land in Sy.No.'103/E/1 to an extent of Ac.1.00 situated at Chennaipalem Village, Mattampalli Mandal, Suryapet District, pending disposal of the above' writ petition.

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Counsel for the Petitioner: SRI M.JANARDHAN RAO Counsel forthe Respondents: GP FOR REVENUE

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The Court made the following: ORDER

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

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WRIT PETITION No.21590 OF 2023

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ORDER:

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The writ petition is filed seeking following relief:

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". . . to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.3 in issuing the endorsement il. 28.11.2022 whereby rejecting the petitioner's request to incorporate his land admeasuring Ac.l .00 in the missing Sy.No.l03/E/l without assigning any valid reasons despite issuing pahanies and ROR in the name of the petitioner as illegal, arbitrary, unconstitutional and contrary to thc provisions of TS ROR Act and consequently by setting aside the impugned endorsement of the 3'd respondent and 28.1I .2022 direct the respondents to forthwith incorporate the petitioner's land under missing Sy.No.lO3iEll to an extent of Ac. I .00 situated at Chennaipalem Village, Mattampalli Mandal, Suryapet District, and to pass ..."

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It is stated that petitioner is the. pattadar and possessor of the land in various survey numbers along with the land admeasuring Ac.1-00 guntas in Survey No.l03/E/l situated at Chennaipalem Village, Mattampalli Mandal, Suryapet District, which was assigned to him by the Government. The name of the petitioner was mutated in revenue records and he was issued pattadar passbook No.1186810 vide patta No.283 under the provisions of the Andhra Pradesh Records in Rights and Pattadar Passbooks Act l97l (for short 'Act 1971'). After the Land Records Updation Program, he was issued

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e-pattadar passbook No.T29 I I 0020 I 87 vide Khata No.283. When he noticed that the subject land was missing from the Dharani portal and also in the pattadar passbook issued to him, he submitted online application bearing No.LM2100010247 for including missing exrent of subject land in Dharani portal and also for issuing e-pattadar passbook. The grievance of the petitioner is that respondent Nos.2 and 4 rejected the application of the petitioner vjde endorsement dated 28.11.2022 stating that the total land in Survey No.l03/E/1 is Acs.9-09 guntas and the said land is already mutated in the name of third parties and there is no land available in the said survey number for mutating petitioner's name in revenue records.

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This Court has carefully exami4ed the impugned endorsement passed by respondent No.2. There are no reasons whatsoever recorded by respondent No.2 while rejecting the application of the petitioner. It is stated in the impugned endorsement that the RSR Survey No. 103/E/ I is consisting of Acs.9-09 guntas and it has been recorded in the names of various pattadars. However, they did not mention their names and the extent of tand which is in their possession as on date. Thus, the impugned endorsement is tn violation of principles ol'natural justice and liable to be set aside

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Accordingly, the writ petition is disposed of, setting aside the impugned endorsement dated 28.1 I .2022 issued by respondent No.2. Further, respondent No.2 is directed to reconsider the application of the petitioner bearing No.LM2100010247 for incorporating missing extent of land admeasuring Ac.1-00 guntas in Survey No.103/E/1 situated at Chennaipalem Village, Mattampalli Mandal, Suryapet District, in the Dharani portal and in the e-pattadar passbook of the petitioner, by duly taking into consideration the old pattadar passbook No.1186810 and patta No.283 issued to him under the provisions of the Act 1971, by issuing notice to all concemed/interested persons, by affording them an opportunity of hearing. If the petitioner is not entitled for the said relief, under the provisions of the Act 2020, respondents shall pass a reasoned order and communicate the same to the petitioner. This entire exercise shall be completed within a period of two (2) months from the date of receipt of a copy of this order There shall be 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, shal1 stand closed.

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SD/-S. MALLIKARJUNA^RAO ASSISTANT^REGISTRAR

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//TRUE COPY//

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SEGTION OFFICER

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To 1 The Principal Secretary^{Revenue Department Secretariat, Hyderabad'State} of Telangana.

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The Distiict Collector,^{SuryapetDistrict.} e. iii; d;;ire-oivisionar^{o'ffiber, Huzumagar Revenue Division Suryapet} District.

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The Tahsildar, Mattampalli Mandal Suryapet District. 5. One CC to SRI M JANARDHAN RAO, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of^{Telangana, at} Hyderabad lOUTl 7. Two CD Copies PSK BS Y-

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HIGH COURT

DATED:1 010212025

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ORDER

WP.No.21590 of 2023