Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Surepalli Nanda, J.
Rekha Nageshwar and others - Petitioners
Versus
The State of Telangana & others - Respondents
Writ Petition No.3135 OF 2015
Decided On : 03-06-2024
Land - Rights in Land - A.P. Rights in Land and Pattadar Passbooks Act, 1971, Section 9 - The court interpreted the provisions of the A.P. Rights in Land and Pattadar Passbooks Act, 1971, emphasizing the significance of revenue records in establishing land ownership and the necessity for the government to prove its title in disputes over land classification.
Fact of the Case:
The petitioners sought to challenge the dismissal of their revision petition regarding the classification of their lands as government lands under the A.P. Rights in Land and Pattadar Passbooks Act, 1971, claiming they were private patta lands.
Finding of the Court:
The court found that the petitioners had established their continuous possession and enjoyment of the lands in question, supported by revenue records, and that the government failed to provide sufficient evidence to classify the lands as government property.
Issues: Whether the lands in question were correctly classified as government lands and whether the petitioners had established their rights over the lands.
Ratio Decidendi: The court held that the entries in revenue records are crucial in determining land ownership and that the government must provide clear evidence to support claims of land being classified as government property.
Result: The writ petition is allowed, restoring the classification of the lands as private patta lands.
ORDER :
Surepalli Nanda, J.
Heard learned Senior designate counsel Sri B. Narayana Reddy, appearing on behalf of the Petitioners and learned Government Pleader for revenue appearing on behalf of the Respondents.
2. The petitioners approached the court seeking prayer as under:
“to issue a Writ or Order or Direction specially one in the nature of Writ of Mandamus declaring the impugned Order issued by the 2nd respondent in File No. F3/1869/2014, dated 18/12/2014 in dismissing the Revision Petition filed by the petitioners under Section 9 of the A P Rights in Land and Pattadar Pass Books Act, 1971 by treating the private patta lands of the petitioners herein situated in Sy No 356/1/E/2E, 356/1/E/2A and 356/1/E/1A to an extent of Ac 16.34 guntas and Sy No 356/3E1 to an extent of Ac 2.38 guntas in Pragnapur village, Gajwel Mandal, Medak District as Government lands and further consequential Proceedings No. B/735/2014 dated 31/1/2015 issued by the 4th respondent herein as illegal arbitrary high handed one and violative of Art 14, 21 and 300-A of the Constitution of India.
3. PERUSED THE RECORD :
A) Letter No.H/4389/2004, dated 11.11.2014 of the Revenue Divisional Officer, Siddipet Division, addressed to the District Collector, Medak District at Sangareddy reads as under :
“I invite kind attention to the references cited 1stnd cited, through which Sri Rekha Nageshwar S/o Mallesham R/o Siddipet submitted application for Conversion of Agriculture lands into Non-Agriculture purpose bearing Sy. No. 356/1 & 356/3/E Extent Ac.16-34 Gts. & Ac. 2-38 Gts. situated at Pragnapur Village of Gajwel. Upon which the Tahsildar Gajwel has send proposals for conversion of land into Non Agriculture purpose vide reference 2 cited.
Further, the Tahsildar, Gajwel Mandal has submitted a report stating that as per Sethwar the Sy.No.356 Extent Ac.399-19 gts.is Classified as Paramboke and as per the Sessala Pahani ie., 1955-58 the following entries are found available.
| Sl. No. | Sy.No. | Classification | Extent | Name |
| 1 | 356/1A | Patta | 25-00 | Udem Narsa Reddy |
| 2 | 356/1AA | Patta | 15-00 | Bhoopathi Rao |
| 3 | 356/1E |
| 100-00 | Phakeer Mohd. |
| 4 | 356/2 |
| 30-00 | Chetireddi Agaiah |
| 5 | 356/2A |
| 30-00 | Chetireddi Rajireddy |
| 6 | 356/3A |
| 25-15 | Bhoopathi Rao |
| 7 | 356/3AA |
| 10-15 | Venkaramchandra Bai |
| 8 | 356/3E |
| 41-18 | Laxmikantha Rao |
| 9 | 356/3/EE |
| 39-15 | Narsinga Rao |
| 10 | 356/3 |
| 39-15 | Vijay Kumar |
| 11 | 356/4UU |
| 39-15 | Veda Kumar |
| 12 | 356/4 |
| 4-06 | Boini Rajaram, Yellaiah |
|
|
| Total | 399-19 |
|
Further the Tahsildar, Gajwel reported that same Sy.No attracted Ceiling Surplus land to an extent of Ac.36-92 cents land which has been declared as Surplus land as detailed below.
| Sl.No. | Name of the Declarant | Sy.No. | Extent | C.C.No. |
| 1 | M.Laxmikantha Rao | 356/3E | 2-06 | G/961/75 |
| 2 | M.Vijay Kumar | 356/3 | 10-71 | G/962/75 |
| 3 | M.Veda Kumar | 356/3U | 9-15 | G/963/75 |
| 4 | M.Bhoopathi Rao | 356/1A | 15-00 | G/1631/75 |
The Tahsildar also reported that the petitioner in physical possession in Sy. No. 356/1 & 356/3/E Extent Ac.16-34Gts. & Ac. 2-38 Gts. Total extent Ac.19-32 Gts. and recommended for conversion of the land from Agriculture to Non Agriculture Purpose.
Further it is submitted that, earlier on the application of Mrs. Madhavilatha Kompella W/o Vishwanath Kompella R/o Secunderabad, Authorised representative of M/S Shri Shri Resorts Private Limited, for conversion of lands located in the same Sy.No.356 situated at Pregnapur Village of Gajwel Mandal, the District Collector, Medak vi
AI
The judgment underscores the importance of revenue records in establishing land ownership and the burden on the government to prove its title in land disputes.
The main legal point established in the judgment is that the subject land was classified as 'Anadheenam' and vested with the Government under the Tamil Nadu Estates (Abolition and Conversion into Ryo....
Once Section 3(1) notification is issued recognizing land owners, and registered deeds and pattas remain unassailed, claimants are entitled to compensation and deposit under Section 10(3) cannot be o....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
