2025 Supreme(Online)(TEL) 3721
THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.6926 of 2025
ORDER:
This writ petition is filed seeking following relief:
“For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent No.3 herein in taking steps to mutate the name of the petitioner and other legal heirs in the revenue records in respect of the lands in Survey Nos. 96, 97, 98, 99, 111, 120, 122, 164, 165, 166, 167, 171, 172, 173 and 174 admeasuring Ac. 00.36 guntas, Ac. 1.34 guntas, Ac. 0.18 guntas, Ac. 1.20 guntas, Ac. 00.10 guntas, Ac. 00.35 guntas, Ac. 0.35 guntas, Ac. 17.11 guntas, Ac. 19-14 guntas, Ac. 16.04 guntas, Ac. 15-36 gts, Ac. 14-02 gts, Ac.166-12 gts, Ac.16-27 gts and Ac.20.21 gts, situated at Buwel village, Rajendranagar Mandal, R.R.District as Pattadar/owner duly correcting the entries as per the Sethwar and Pahanies, inspite of the written representation dt. 24-9-2024 followed by personal visits, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the 3rd respondent to mutate the name of the petitioner and other legal heirs as Pattadars in the revenue records by verifying the Sethwars and Pahanies, and to grant such other relief or reliefs as this Hon’ble Court deems fit and proper in the circumstances of the case.”
2. It is stated that Sri Khaja Gulam Moinuddin was the original owner and pattadar of the agricultural lands admeasuring Acs. 00.36 guntas in Survey No.96, Acs. 1.34 guntas in Survey No.97, Acs. 0.18 guntas in Survey No.98, Acs. 1.20 guntas in Survey No.99, Acs. 00.10 guntas in Survey No.111, Acs. 00.35 guntas in Survey No.120, Acs. 0.35 guntas in Survey No.122, Acs. 17.11 guntas in Survey No.164, Acs. 19.14 guntas in Survey No.165, Acs. 16.04 guntas in Survey No.166, Acs. 15.36 guntas in Survey No.167, Acs. 14.02 guntas in Survey No.171, Acs. 166.12 guntas in Survey No.172, Acs. 16.27 guntas in Survey No.173 and Acs. 20.21 guntas in Survey No.174, situated at Budwel Village, Rajendranagar Mandal, Ranga Reddy District. After his death, petitioner and others being his legal heirs, inherited the said lands and all other legal heirs have executed General Power of Attorney in favour of petitioner to pursue the issue relating to mutation of their names in the revenue records as the name of late Sri Khaja Gulam Moinudin is still reflecting in the Khasra Pahani for the year 1954- 55 and other pahanies. It is further stated that the petitioner submitted representations dated 24.09.2024 and 27.10.2024 to the 3rd respondent, but 3rd respondent has not taken any steps to mutate their names in the revenue records.
3. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is disposed of at the admission stage.
4. Learned counsel for the petitioner vehemently contended that the Khasra Pahani which is maintained and issued under the provisions of the Telangana Land Revenue Regulation, 1358 Fasli is to be considered as a title document in the absence of any document of title. It is further contended that the petitioner and other legal heirs are the title holders as per the entries made in the Kasra Pahani 1954-55 and as such they are entitled for issuance of pattadar passbooks for the said extents of land. In support of his submission, learned counsel has relied upon a judgment of this Court in the case of Thota Narasinga Rao vs. State of Andhra Pradesh, Rep. By District Collector, Visakhapatnam, [2007(1) ALD 500], wherein it is observed as follows:-
“….Consequent to the merger of Hyderabad State with India in 1948 the Jagirs were abolished by the Andhra Pradesh (Telangana Area) Abolition of Jagirs Regulation, 1358 fasli. 'Khasra Pahani' is the basic record of rights prepared by the Board of Revenue Andhra Pradesh in the year 1954-55. It was gazetted under Regulation 4 of the A.P. (Telangana Area) Record of Rights in Land Regulation 1358