HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.34630 of 2024

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“….to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondent No.4 in reducing the land of the Petitioners in the Revenue Records from Ac. 8.08 gnts to Ac.6.08 gnts in Sy.No.613 of Janampet Village, Moosapet Mandal, Mahabubnagar District and the rejection order passed by the 3rd respondent vide Proc.No.H-Sec/13-129/2021-TM-33 dt 31.12.2022 which is served on the petitioners on 15.6.2023 without notice and assigning the unconnected reason is illegal, arbitrary and further direct the official respondents to restore the entries in the Revenue Records by adding the Ac.0.20 gnts of land in Sy.No.613 of Janampet village, Moosapet Mandal, Mahabubnagar District from the land of the Respondent Nos.5 and 6 in Sy.No.613.…”

2. It is the case of the petitioners that they are the owners and possessors of land admeasuring Ac.4.04 guntas & Ac.3.24 guntas in Sy.No.613/A and Ac.0.20 guntas in Sy.No.613/A/1 situated at Janampet village, Moosapet Mandal, Mahabubnagar District, having purchased the same under registered Sale Deeds bearing document Nos.844 of 2015, 1463 of 2015 and 8300 of 2016, dated 09.12.2015, 02.03.2015 and 06.08.2016 respectively and the revenue authorities also mutated their names in the revenue records and issued pattedar passbook in their favour. It is further case of the petitioners that in the digital passbooks issued by the respondents under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 2020 (hereinafter referred to ‘the Act, 2020), the respondents have recorded the extent of land admeasuring Ac.6.08 guntas in Sy.No.613 instead of Ac.8.08 guntas in Sy.No.613, therefore, they made representation dated 24.02.2022 before the Tahsildar, but no action has been taken on the said representation till date. It is the further case of the petitioners that they have also submitted an online application vide No.2200130464, dated 31.10.2022 requesting to carry out the necessary corrections, but the said application was rejected by respondent No.3 vide proceedings No.H-Sec/13-129/2021-TM-33, dated 31.12.2022.

3. Learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 submitted that respondent No.3 has rejected the application submitted by the petitioners by duly assigning the reasons and there is no illegality or legal infirmities warranting interference of the rejection order passed by respondent No.3.

4. It is settled law that basing on the registered sale deeds, the revenue authorities are conferred with the power for mutation of the entries in the revenue records and at the time of mutation, the authorities will only take into consideration of the extents mentioned in the registered sale deeds and that does not mean that the extents mentioned in the said sale deeds are tallying with the revenue records maintained by the revenue authorities either in the Kasra Pahanis, Setwar, Faisal Patti, Vasul Bhaki or the records maintained under the provisions the Telangana Land Revenue Act, 1317 Fasli. If the property of the petitioners is not tallying with the original extent mentioned in the setwar, the respondent authorities have to conduct enquiry after issuing notice to the petitioners and after considering the documents submitted by the petitioners as well as the persons, who purchased the property in Sy.No.613; and if there is variation of extent of land is found in the said survey number accounting to the registered shareholders/pattadars, reasoned orders are required to be passed by the respondent authorities.

5. In view of the above, since respondent No.3 has not adopted the said procedure while rejecting the application of the petitioners, the rejection order, dated 31.12.2022 in proceedings No.H-Sec/13- 129/2021-TM-33 issued by