HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.32188 of 2024

ORDER

It is stated that the petitioner is the owner and possessor of the agriculture land admeasuring Ac.17.2 guntas comprising in various survey numbers including Ac.2.24 guntas in Sy.No.29/1/E situated at Adavimallelu Village, Penuballi Mandal, Khammam District, having acquired the same from his ancestors. It is further stated that the name of the petitioner is recorded in all the revenue records as possessor and pattadar. It is further stated that while issuing pattadar passbook No.218414 vide Patta No.61 under the provisions of the Telangana Rights in land and Pattadar Passbooks Act, 1971 in favour of the petitioner, the land admeasuring Ac.2.24 guntas in Sy.No.29/1/E was deleted on the ground that the said land is tank bed land, therefore, the petitioner has submitted online application No.2300104662, dated 01.07.2023, seeking for data correction. The grievance of the petitioner is that even after receiving the said application, the respondent authorities are not considering the same.

2. 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.

3. Learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that as per the provisions of the Telangana Land Revenue Act, 1317 Fasli, Hyderabad Irrigation Act, 1357 Fasli, the Telangana Water, Land and Trees Act, 2002 and Board Standing Orders, the revenue authorities have not conferred with the power to issue pattadar passbook to the tank bed lands/sikham lands, and since the subject land is tank bed land of Chintakunta Cheruvu the respondents have deleted the said extent from the passbook of the petitioner.

4. Be that as it may, there are two types of lands in so far as the lands in erstwhile Hyderabad State are concerned. Admittedly, there are tank bed lands/sikham patta lands, which are vested with the Government as per the provisions of the Telangana Land Revenue Act, 1317 Fasli. At the same time, the tank bed lands, which are patta lands, normally called as sikham lands. Unless an enquiry has been conducted by the Tahsildar, whether the lands in occupation of the petitioner are sikham patta lands or the lands mentioned in Sy.No.29/1/E as tank bed lands and the said lands were assigned to the petitioner in violation of the terms and conditions mentioned in the government orders issued from time to time and the petitioner is not entitled to record his name in patta passbooks as patta land, an enquiry is required to be conducted by the Tahsildar. On careful examination of the impugned order, except stating that the petitioner is claiming fictitious survey number for recording in e-pattadar passbook, no other valid reasons have been assigned. Without taking into consideration of all these things including the pahanies issued in favour of the petitioner for the year 2015-2016, the impugned order has been passed, therefore, the same is liable to be set aside and accordingly, the same is set aside.

5. In view of the above circumstances, this Court deems it appropriate to dispose of the writ petition, directing respondent No.4 to conduct enquiry with regard to the nature of the land and its classification, pass a reasoned order and communicate the same to the petitioner within a period of three (03) months from the date of receipt of a copy of this order.

6. With the above observations, this Writ Petition is disposed of.

There shall be no order as to costs.

7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

________________________________ JUSTICE C.V.BHASKAR REDDY

19.11.2024 gkv