Disposed

Gowra Jangaiah v. State of Telangana

Telangana HC10 Feb 2025WP/3647/2025

Case brief

AI extract

What is this about?

Petitioner sought quashing of the District Collector's order rejecting his claim for an e-pattadar passbook over agricultural land missing from revenue records. The Court found multiple claims, a pending civil suit and no illegality in the rejection, and relegated the petitioner to seek a decree from the civil court before applying for correction of records.

What the court decided

AI extract

Gowra Jangaiah Vs State of Telangana — Property and Title | Telangana HC (2025)

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[^32e6 ]

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HIGH COURT FOR THE^{STATE OF TELANGANA} AT HYDERABAD (Speciat Original Jurisdiction)

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MONDAY, THE TENTH^{DAY OF FEBRUARY} TWO THOUSAND^{AND TWENTYFIVE}

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PRESENT

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THE HONOURABLE^{SRI'JUSTICE C.V. BHASKAR REDDY}

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WRIT PETITION NO :3647^{OF 2025}

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Between:

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Gowra Jangaiah,^{S/o latelvlallaiah,ag-qd about60 years,R/o H No' 18-8-} 4z5t A^t Zza el Uppuguda,^{Bayalal nagar,Charminar,Hyderabad}

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...PETITIONER

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AND

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1 State at Telangana,^{Rep. by its Principal Setretary,Revenu'eDepartment'} Secreidriat, Hiderabad.

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The District Collector,^{Ranga Reddy District, at Kongara Kalan'}

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J The Revenue Divisional^{Officer, lbrahimpatnam Division, Ranga Reddy} district.

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The Tahsildar,^{Yacharam. mandal, Ranga Reddy District'}

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...RESPONDENTS

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Petition under Article^{226 of the constitutionof lndia prayingthat in the} circumstances stated^{in the affidavit filed therewith,the High court may be} pleased to issue an appropriate^{writ, order or direction more particularlyone in the} nature of writ of^{certiorari, quashing the impugnedorders of District collector,} RangaReddyDistrict,inrejectingmyclaiminrespectoflandsbearingSy.No. g:l2i1, ud^e"suring Ac. 2-06 gts, situated at Nandiwanaparthy^{village, Yacharam} mandal, R.R. Dislriat,^{videordersin file No. D11364612024, dated 09/01/2025,and} also^pass

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IA NO: 10F 2025

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Petition under section^{151 cPCpraying that in the circumstances slatedin} the affidavit filed^{in support of the petition, the High Courtmay be Oleasg!} !o suspend the operation^{of the orders of District collector,Ranga Reddy Dislrlct' ln} i"i"Ltinq my ctaim^{vide orders in file No.O113646t2O24,dated 09-01-2025, in} r."lpu"t""t iands^{bearing Sy.No.972lA,admeasuringAc 2-00 gts' situated.,at} t tanOiwanaparthy^{village,Ya;harammandal, R.R. District, pending disposal of the} present Writ petition

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Counsel for the Petitioner: SRl. G RAMA CHANDER RAO

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Counsel for the Respondents: SRI L. RAVINDER AGp FOR REVENUE i The Court made the following: ORDER

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IION'BLE SRI JUSTICE C.V. BHASXAR REDDY

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WRIT PETITION No. 3647 of 2o25

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ORDER

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I t is stated that the petitioner,s wite by name Cowra Laxmamma was the absolute orvner and possessor of the agricultural land admeasuring Acs.3.00 guntas in Sy.No.972/A, situated at Nandiwanaparthv Village, yacharam Mandal, Ranga Reddy District, having purchased the same through registered sale deeds bearing document Nos.24T of lggl, dated 13.02.1991 and 728 of 1992, dated 24.O4.t992. Ir is fr-irther stated that after the death of his wife, the petitioner got succeeded the said property and his name was mutated in the revenue records uide proceedings No.ROR/ 37g/ 1994, d,ated, 07.O7.1993. It is further stated that out of the said extent, the land to an extent o[ Ac. 1.O0 guras rr/as sold to one Gilkapaily Muthyam Reddy uide registered sale deed bearing document No.7l83 of 2006, dated 25.O5.2006 and for the remaining extent he was issued e-pattaderr passLrook as per the provisions of the Telangana Rights in Land and Pattadar passbooks Act, 2O2O (for short 'the Act 9 of 2O2O"). However, in the latest passbook, the subject property is missing. Therefore, he has submitted an online application vide No.22O0O2g493, dated, 24.05.2022 before respondent No.2 u,ith a request to include

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CVBIT. J wp J647 7025

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the said land and issue fresh e-pattadar passbook. The grievance of the petitioner is that the respondent atrthorities wrthout taking into consideration of the total extent orvned by the petitioner and disposal of the part of the land, has erroneously rejected the claim of the petitioner [or issuance o[ e- pattadar passbook. Hence, this writ petition.

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Considered the submissions of the learned counscl for the petitioner and Sri L.Ravinder, learned Assistant Governmen[ Pleader for Revenue appearing for respondent Nos.I 10 4^and with their consent, this writ petition is being disposed at^the admission stage.

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This Court has carefully examined the^{rejection order,} dated 09.O1.2025. Initially thc^{petitioncrhasfiled} W.P.No.22047 of 2024 before this Court and this^{Courtdisposed} of the said writ petition uide order,^{dated72.O8-2024directing} respondent No.2 to consider the online^{applicationNo.} 22OOO28493, dated 24.O5.2022 submitted b1'^{thc petitioner} seeking inclusion of the said land and^{issuanceo[ e-pattedar} passbook in respect of the subject property and^{pass appropriate} orders in accordance with law by^{putting the petitioner and all} the affected parties on notice and affording them^{an opportunit]'}

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CVBR, J wp 3647 _2025

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and if, respondent No.2 is not inclined to accept the request made by the petitioner, he shall assign specihc reasons and pass a reasoned order, communicate copy oi the said order to the petitioner within a period of eight (Og) u,ecks from the date of receipt of a copy of this order. In compliance with the order passed by this Court, responclent No.4 has conducted a detailed enquiry and having found that there are multiple claims over the subject land claimed by the petitioner and the said extent is missing from the revenue records and further the suits being instituted over the subject land and as a suit is pending before the civil Court uide O.S.No.276 ot 2O2O, the claim of the petitioner has been rejected.

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On careful examination of the impugned order, pima facie this Court is of the opinion that there is no iltegality or irregularit5r in rejecting the claim of the petitioner. It also discloses that there are serious disputes between the petitioner and the alleged purchaser over thc extcnt o[ land and as the said land is correlating with the revenue records in Kasra pahani and other revenue records, these issues according to this Court. are to be agitated before the competent civil Court in pending suit and after obtaining clarification orders with regard to the extent

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CVt]R, J wp 3647 2025

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of the land in the pending suit, the petitioner is entitled to makc an application either for correction of record or^for issuance^of amended patt:rdar pass book.

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At this stage, as the learned counsel for the^{petitioner has} submitted that no suits are^pending in^{respect oi the subjcct} property, this Court deems it appropriate^{to dispose of this writ} petition relegating the petitioner to^{instituteappropriatesuit in} the event if no suits are^{pending and after obtaininga decree} from the competent civil^{Court,he can makeappropriate} application seeking^{for correction o[ recordsand conscquential} issuance of pattadar Passbook.

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With the above observations,^{this Writ Petition is clisposcd} of. Therc shall bc^{no order as to costs}

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7 As a scquel, the miscellaneous^{petitionspencling,if zrny'}

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shall stand closed.

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To,

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SD/.S. MALLIKARJUNA RAO ASS\STANT^REGISTRAR //TRUE COPYII i\; - <sup>'r1 SEcTtON OFFtcER \l L The Principal Secretary, Revenue Department, Stretariat,^Hyderabad.

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