Feroz Khan Vs The State of Telngana — Writ and Judicial Review | Telangana HC (2025)

Feroz Khan Vs The State of Telngana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed (no costs): memo vide Lr.No.RTI/4R/2024 dated 29.05.2024 issued by respondent No.5 set aside; respondent No.5 directed to furnish information relating to Ac.1-07 guntas in Sy.No.235, Gaddiannaram Village, Saidabad Mandal, Hyderabad District, as expeditiously as possible, preferably within fifteen (15) days of receipt of a copy of the order; if the petitioners are not entitled to mutations or carrying out necessary amendments and no records are found for the subject property, respondents to communicate the same to enable the petitioners to act in accordance with law; pending miscellaneous petitions stand closed.

Issue for consideration

Whether the action of respondent No.5 (Tahsildar) in not furnishing the details of the mutation of third parties' names in respect of the petitioners' open land admeasuring Ac.1-07 guntas in Survey No.235, Gaddiannaram Village, Saidabad Mandal, Hyderabad District — and instead issuing a memo directing the petitioners to furnish the file number — was illegal/arbitrary, and whether the respondents are bound to furnish the requested mutation details.

Court's answer

The Tahsildar is admittedly the custodian of the revenue records and of the proceedings issued for consequential entries or the Record of Rights (ROR).

Ratio / Principle

Once pattadars submit an application requesting information regarding mutation of third parties' names in respect of a property, a duty is cast upon the Public Information Officer to verify the records and provide the requested information relating to that property.

Key takeaways

On that basis the court allowed the writ petition, set aside respondent No.5's memo vide Lr.No.RTI/4R/2024 dated 29.05.2024, and directed respondent No.5 to furnish the information relating to Ac.1-07 guntas in Sy.No.235, Gaddiannaram Village, Saidabad Mandal, Hyderabad District expeditiously, preferably within fifteen (15) days of receipt of a copy of the order; if the petitioners are not entitled to mutations or to carrying out necessary amendments, or no records are found relating to the subject property, the respondents shall communicate the same to the petitioners to enable them to take necessary steps in accordance with law.ratio¶42

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction); single judge Hon'ble Sri Justice C.V. Bhaskar Reddy; Writ Petition No.2622 of 2025; order dated 30 January 2025. Six siblings, heirs of late Mumtaz Khan and recorded till 2006 as pattadars (via their forefathers) of open land admeasuring Ac.1-07 guntas in Survey No.235, Gaddiannaram Village, Saidabad Mandal, Hyderabad District, sought by Article 226 mandamus the particulars of the mutation by which the respondent authorities entered third parties' names in the revenue records for that land; their application under the Right to Information Act, 2005 to respondent No.5 (Tahsildar, Saroornagar Mandal Revenue Office) drew, instead of the requested particulars, a memo vide Lr.No.RTI/4R/2024 dated 29.05.2024 asking them to supply the file number. Holding that the Tahsildar is admittedly the custodian of the revenue records and of the proceedings for consequential entries/Record of Rights (ROR), and that a duty is thereby cast on the Public Information Officer — when pattadars request mutation information — to verify the records and provide the requested information, the court allowed the petition (no costs), set aside the memo, and directed respondent No.5 to furnish the information for the subject land expeditiously, preferably within fifteen (15) days; where the petitioners are not entitled to mutation/amendment or no records are found, the respondents must communicate that position to enable the petitioners to take necessary steps in accordance with law. Pending miscellaneous petitions closed. No precedent cases cited.

[^32e6 ]

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

THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

WRIT PETITION NO: 2622 OF 2025

Between:

Feroz Khan, S/o. Late Mumtaz Khan, Age. 47years, Occ. Private Service, Rl/o. H.No.3-7611|G, Plot No.10, Nadargul Village, Balapur Mandal, Ranga Reddy District, Telangana State.

Ajmal Khan, S/o. Late Mumtaz Khan, Age. 4syears, Occ. Service, Rt/o. H.No.3-7611lG, Plot No.10, Nadargul Village, Balapur Mandal, Ranga Reddy District, Telangana State.

llyas Khan, S/o. Late Mumtaz Khan, Age.39years, Occ. Service, Rl/o. H.No.37611lG, Plot No.10, Nadargul Village, Balapur Mandal, Ranga Reddy District, Telangana State.

Saleema Begum, Wlo. Afroz Khan, D/o. Late Mumtaz Khan, Age. 41 years, Occ. Private Service, Rl/o. H.No.3-7611/G, Plot No.'10, Nadargul Village, Balapur Mandal, Ranga Reddy District, Telangana State.

Mohammed Nasreen Begum, Wo. [Vlohammed Azeemuddin, D/o. Late Mumtaz Khan, Age. 42years, Occ. House wife, Fl/o. H.No. 3-76l1/G, Plot No.10, Nadargul Village, Balapur Mandal, Ranga Reddy District, Telangana State.

Parveen Begum, Wo. Md. Saleemuddin, D/o. Late Mumtaz Khan,Age. 39years, Occ. House wife, Rl/o. H.No.3-7611/G, Plot No.10, Nadargul Village, Balapur Mandal, Ranga Reddy District, Telangana State.

...PETITIONERS

AND

The State ofTelngana, Represented by the Principal Secretary, Revenue Department, Secretariat, Hyderabad.

The Commissioner, CCLAR, Abids, Hyderabad.

The District Collector, Hyderabad.

The Revenue Divisional Officer, Hyderabad.

The Tahsildar, Saroomagar Mandal Revenue Office, Hyderabad 500059.

...RESPONDENTS

Petition under Article 226 of lhe Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be

pleased to issue writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 5th Respondent in not furnishing the details of the mutation in respect of the property of the open land admeasuring Ac.1 -07 guntas, in survey No. 235, situated at Gaddiannaram Village, Saidabad Mandal, Hyderabad District, Telangana State. as illegal, arbitrary and consequently direct the Respondents to furnish the details of the mutation in changing the name ir respect of the^property of the open land ad measuring Ac.107 guntas, in survey No. 235, situated at Gaddiannaram Village, Saidabad Mandal, Hyderabad District, Telangana State in the interest of^justice.

lA NO: 1 OF 2025

Petition under Section 15'l 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 to consider the representation dated 06-04-2024 submitted by the Petitioner in the interest of justice pending disposal of the writ petition.

Counsel for the Petitioner : SRI SREENIVASA RAO RAVULAPAITI

Counsel forthe Respondents: GP FOR REVENUE

The Court made the following: ORDER

HON'BLE^{SRI JUSTICE C.V.BHASKAR REDDY}

WRIT PETITI^{ON No.2622of 2025}

ORD ER:

This Writ^{Petition, under Article 226 of the Constitutionof}

India, is liled^{seekingthe following relief:}

. . ..to issue tuit,^{order or direction more porticalarlg one in the} ""i"r"^{ijwAt'ofMandamus decloringthe actionof the Sth} ,."i""al", in^not furnishing^{the detailsof the muta-tion in respect} nf the orooertu ol the^{open land admeasuing Ac'1'07 guntasin} i"):r"o' ru[.zis-'situatid^{atcaddiannaramvilloge'saidabad} "i""aLt, ^;;;;;;".A"" iga"r"bad Distict, Telangona State-as .illegal' arbitrary s^{direct the Respoidents to fumish the details of} in ilnnging^{the name in respectof the propertg of the} tn ^r,tot;in Ac' 1'07^{guntas inSuruesNo'235} ;w;-i;"; sttuated at Gad.diannarctm od ^"i"u"ing^{Village,SaidabadMandal' Hyderabad} ii,ta"t, Telangano^{Statein the interest of justice" ""}

Considered the^{submissionsof the learned counselfor} the respective^{parties and perusedthe record'}

It is stated^{that the petitionersare the owners arrd} possessors of land^{admeasuringAc'1-07 guntas in Sy'No'235} situated at^{GaddiannaramVillage,Saidabad Mandal'} Hyderabad^{District, having inherited the same from their} ancestors and^{the names of their forefatherswere recordedin} the revenue^{records till2006 as pattadars over the said} property. It is^{further stated that when the respondent}

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authorities have mutated the names of the thircl parties in the revenue records in respect of the subject property, the petitioners have filed an application before respondent No.S under Right to information Act, 2005, requesting to furnish the details regarding mutation of third parties names in respect of the subject property. The grievance of the petitioners is that, instead of furnishing the details relating to the mutation of third parties narnes in respect of the subject property, respondent No.5 has issued memo. vide Lr.No.RTI/4R /2024, dated 29.O5.2O24 directing them to furnish thc file number to facilitate to furnish desired information.

Admittedly, the Tahsildar is the custodian of the revenue records and the proceedings issued for consequential entries or the Record of Rights (ROR). When the petitioners as pattadars submitted an application requesting to furnish information regarding mutation of third parties narnes in respect of the subject property, a duty is cast upon the public Information Officer to verify the records and provide the requested information relating to the said property.

,

Accordingly, this^{Writ Petitionis allowed and the memo} vide Lr.No.RTI/4R /2024,^{dated29'O5'2O24 issuedby} respondent^{No.S is set aside and respondent No'5 is directed} to furnish information^{to the petitioners relating to lands} admeasuring^{Ac. 1-07 guntas inSy'No'235 situatedat} Gaddiannaram^{Village,SaidabadMandal, Hyderabad District'} as expeditiously^{as possible, preferably, within a period of} fifteen (15) days^{from the date of receipt of a copy of this order'} If the petitioners^{are not entitled for mutationsor for carrying} out necessary amendments^{and ifno records are found} relating to the^{subject property, the respondents shall} communicate the^{same to the petitioners to enable them to} take necessaqr^{steps in accordancewith law' No costs'}

As a sequei, the^{miscellar-reous petitions pending, if any'}

shall stand closed.

SD/.A. SRINIVASA REDDY ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

\ \

The Principal Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad.

The Commissioner, CCLAR, Abids, Hyderabad.

The District Collector, Hyderabad.

The Revenue Divisional Officer, Hyderabad.

The Tahsildar, Saroornagar Mandal Revenue Office, Hyderabad 500059

One CC to SRI SREENIVASA RAO RAVULAPATI, Advocate. [OPUC]

Two CCs to GP FOR REVENUE, High Court for the State of Telangana. tOUI

B. Two CD Copies.

fA-,:E9K ..,.,-.

HIGH COUR

DATED:3010112025

ORDER

WP.No.2622 of 2025

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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