Mohammed Yavar Uddin Vs The State of Telangana

Mohammed Yavar Uddin, S/9 Mohammed Wahab Uddin, Aged about 77 years, Occ: Agriculture, R/o H.No. 19-4-2791C148, MCH Colony, N.S. Kunta, Falaknuma, Charminar, Hyderabad

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...PETITIONER

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AND

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1 The State of Telangana, rep by its Principal Secretary, Revenue Department secretariat, Hyderabad.

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The District Collector, Nizamabad District.

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.) The Revenue^pivisional Officer, Nizamabad District. Bodhan.

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The Tahasildar, Bodhan Mandal, Nizamabad District

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Mohammed Rafi Hussain, S/o ltlohd Ali Hussain, Aged about B0 years, Occ. Agriculture, R/o Pandu Tarfa Village, Bodhan Mandal, Nizamabad District.

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Guda Nagireddy, S/o Ellareddy, Aged about B1 years, Occ. Agriculture, R/o Pandu Tarfa Village, Bodhan Mandal, Nizamabad District.

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...RESPONDENTS

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Petition under Article 226 o'f the Constitution of lndia 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 declgring the inaction of the respondent No.2 in considering the prajawani application No. TAHBDHN/E/2024100022 dated 08.07 2024 for issuance of E pass books in the name of the petitioner for the land in survey No. 7B2A extent Ac 0.15 gts situated at Pandu Tarfa Village, Bodhan Mandal, Nizamabad District by deleting the names of the respondents 5 and 6 without referring the rejection of the dharani application vide application No. 2300048605 dated 06.03.2023 in a single line order as arbitrary and illegal and violative of principles of natural justice and consequently to set-aside the rejection order vide dharani application No. 2300048605 dated 06.03.2023 and further to direct the respondent No. 2 to 4 to consider the prajawani application No

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TAHBDHN/Ei2024100022 dated 08.07.2024 and to issue^pass books by deleting the names of the respondents 5 and 6-

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the crreumstances stated in the affidavit filed in support of the petition, the High Court^pay be^pleased to direct the re$pondents 2 and 3 to consider the prajawani application vide Np TAHBDHN/E/20241Q0o22 dated 08.07.2024 tor issuance of pass bookq in the name of the petitioner for the land in survey No. 7B2A extent Ac 0.15 gts situated at Pandu Tarfa Village, Bodhan Mandal, Nizamabad .District without refening te the rejection dharani application vide application No. 2300048605 dated 06.03.2023.

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Counsel for the Petitioner: SRI GUDI MADHUSUDHAN REDDY

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Counsel for the Respondent No.1 to 4: SRI L. RAVINQER, ASST. GP FOR REVENUE

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Counsel for the Respondent No.5 & 6: - - -.

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE C.V. BHASXAR R"EDDY

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WRIT PETITION No.4899 of 2O25

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ORDER:

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It is stated that the petitioner is the owner and possessor of the land admeasuring Ac.O. 15 guntas in Sy.No.782A, situated at Pandu Tarfa Village, Bodhan Mandal, Nizamabad District. It is further stated that the name of the petitioner is recorded as pattadar in all the revenue records and pattadar pass book and title deed Nos.116483 and 338759 uide Patta No.9O1 were issued in his favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,7971(for short "the ROR Act, 197I") end the Rules made thereunder. It is further stated that Occupancy Rights Certificate uide ROR No.A/447/ 95, dated 04.03.1995 was issued in favour of the petitioner. It is further stated that without issuing any notice as required under Section 5 (3) of the ROR Act, 197L, the respondent authorities, basing on the fraudulent documents recorded the names of respondent Nos.S and 6 as pattadars. Soon after noticing the incorporation of the names of respondent Nos.S and 6, the petitioner has been making number of applications from the year 2014 onwards requesting the authorities to conduct enquiry and delete the names of respondent Nos.5 and 6 from

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the revenue records. The grievance of the petitioner is that without assigning any valid reasons and without taking into consideration of the ORC issued in favour of the petitioner and the name of the petitioner being reflected in the records upto 2OO4-2OO5, the respondent authorities have incorporated the names of respondent Nos.S and 6 in the revenue records.

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Considered the submissions of the learned counsel for the petitioner and Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.l to 4 and with their consent, ihis writ petition is being disposed of at the admission stage. In view of the nature of relief sought for in this writ petition, issuance of notice to the unofficial respondents is dispensed with.

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Learned counsel for the petitioner has submitted that from 2OO7 onwards the names of the third parties appear in the revenue records basing on the fraudulent documents.

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In view of the above submission that the names of third parties have already been reflected in the revenue records, this Court deems it appropriate to dispose of this writ petition granting liberty to the petitioners to pursue his remedies, if

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C\tsR, J wp_4E99_2025

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necessary, by approaching the competent cMl Court and institute a comprehensive suit seeking for correction of the revenue records, issuance of pattadar passbook and cancellation of the fraudulent documents by impleading necessary parties as party defendants in the suit. In the event of such suit being filed, the trial Court is directed to dispose of the said suit without being influenced by any of the observations made by this Court in this writ petition.

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