The cancellation of pattadar passbooks for land requires substantial proof of fraud or illegality, and must adhere to principles of natural justice and binding judicial precedents.

ORDER :

E.V.VENUGOPAL, J.

The present writ petition is filed by the petitioners under Article 226 of the Constitution of India seeking the following relief :

“..to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the Proceedings No.El/D1/1117/2024, dated 26.05.2025 issued by the 3^rd Respondent where under the Pattadar Pass Books-cum-title deeds were cancelled with a further direction to the 5^th Respondent to resume the petitioners land in Survey No.936/2, an extent of Ac.2-00 gts., in Survey No.937/2 an extent of Ac.3-03 gts., and in Survey No.942 an extent of Ac.5-00 gts., situated at Jawaharnagar village, Kapra Mandal, Medchal- Malkajgiri District, as being illegal, arbitrary and against the statutory provisions as contained in Sec.8 of the TELANGANA RIGHTS IN LAND AND PATTADAR PASS BOOKS ACT , 2020 as well as Sec.166-B of Telangana Land Revenue Act , 1317 Fasli and also in gross violation of the orders passed by this Hon'ble Court dated 08.06.1972 in W.P.No.3708 of 1970, orders dated 10.07.1984 in W.P.No.5097 of 1979, orders dated 10.07.1984 passed in W.P.No.19184 of 2009 and also in gross violation of the orders passed by the Commissioner of Land Revenue dt.12.07.1986 and also against the settled proposition of law laid down by the Constitutional Courts and consequently to set aside the Proceedings No.E1/D1/1117/2024, dated 26.05.2025 issued by the 3rd Respondent...”.

2. Heard Sri Sudhakar Rao Ambati, learned counsel for the petitioners and Mrs.R.Snehitha Reddy, learned Assistant Government Pleader, representing learned Government Pleader for Assignment Sri DV Chalapathi Rao.

3. The petitioners seek judicial intervention against Proceedings No.E1/D1/1117/2024 dated 26.05.2025 issued by the 3^rd respondent, whereby their pattadar passbooks-cum-title deeds pertaining to survey Nos.936/2 (Ac.2.00 gts.), 937 (Ac.3.03 gts.), 938 (Ac.3.10 gts.) and 942/2 (Ac.5.00 gts.) situated at Jawaharnagar village were cancelled.

4. The brief facts of the case of the petitioners are that Late C.Narsimha, an ex-serviceman, was allotted Ac.16.37 guntas of land in survey Nos.936, 937, 938 and 942 (hereinafter referred to as “subject land”) by the Jawaharnagar Co-operative Land Colonization Society for Ex-Servicemen through a resolution dated 09.11.1966. The land had been taken over from the Military Estate Officer on 23.07.1951 for rehabilitation of ex-army personnel and subsequently, pursuant to G.O.Ms.No.25 dated 23.10.1952, the same was allotted to the Labour Department for rehabilitation purposes. The area, initially known as the anti-tank range, was later renamed “Jawahar Nagar.”

(a) Assignments to ex-servicemen were governed by G.O.Ms.No.743 dated 30.04.1963, prescribing a non-alienation period of ten years, subsequently relaxed by G.O.Ms.No.1117 dated 11.11.1993, permitting sale after ten years without Government permission. The subject land was later included in the prohibited list under G.O.Ms.No.786 of 1999.

(b) Late C.Narsimha expired on 30.08.2002. Subsequently, his legal heirs viz.Krishna Swamy (father of respondent No.1) and respondents 3 and 4 herein have filed W.P.No.19184 of 2009, resulting in th