HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.11330 of 2025

ORDER

This Writ Petition is filed questioning the proceedings No.D/712/2024/YEDAPALLY/TM-33/C-4, dated 30.06.2024 issued by the respondent No.2 in not changing the classification of the land in Sy.No.788/1j to an extent of Ac.0.05 gts situated at Janakampet Village, Yedapally Mandal, from notional katha to patta land as illegal, arbitrary and for other appropriate reliefs.

2. It is stated that the petitioner is the absolute owner and possessor of the land admeasuring Ac.0.05 guntas in Sy.No.788/1j, situated at Janakampet Village, Yedapally Mandal, having been assigned vide D-Form Patta in proceedings No.B/153/2008, dated 22.01.2008, and pattadar passbooks and title deeds were issued vide Khata No.1068. It is further stated that petitioner has applied for transfer of subject land from notional khata to patta land vide application No.2300147105 dated 25.09.2023 in the prescribed proforma in Dharani Portal. It is also stated that the respondent No.2- District Collector after calling for report and after verification of the revenue records, has rejected the application submitted by the petitioner on the ground that a suit vide O.S.No.189 of 2022 is pending on the file of the Civil Judge, Bodhan, against the son of the petitioner and others but not on the ground that the petitioner was not assigned the land and there is a manipulation of the record. It is further stated that the respondent No.3 was directed to include the subject land in the Notional Khata. It is stated that third parties who are not having right or title over the subject property and no suit was instituted against the petitioner and even if any suit is instituted, the same would not have any bearing on the application submitted by the petitioner for transfer of the land from Notional Khata to patta land as land was assigned to the petitioner by following due process of law.

3. Considered the submissions of the learned counsel for the respective parties and with their consent, this writ petition is being disposed of at the admission stage.

4. A careful reading of the impugned order would reveal that except stating that a civil suit is pending, respondent No.2- District Collector has not taken into consideration that there are no prohibitory orders whatsoever over the suit schedule property either for mutation or consequential amendment of the revenue records. It is settled law that mere pendency of the suit/case before any forum, does not disentitle the authority to exercise its statutory functions and more particularly in the absence of any restraint order by the competent civil Court. The authority ought to have examined the case of the petitioner basing on the D-form patta certificate issued vide Proceedings vide R.D.S No.B/153/2008, dated 22.01.2008. If the petitioner has violated any of the conditions stipulated in final patta certificate issued in terms of the policy laid down in G.O.Ms.No.1406 dated 25.07.1958, the respondent authorities are having power to initiate appropriate action but they are not having any right to withhold the patta passbooks. It is settled law that in the absence of any prohibitory order, the respondent authorities cannot deny issuance of pattadar passbook or for the conversion of land from notional khata to patta land to enjoy the absolute rights and to receive various incentives sanctioned by the Government from time to time. Therefore, the impugned order passed by respondent No.2 is not in accordance with the provisions of the ROR Act or as per the provisions of the Bhu Bharathi Act (Act 1 of 2025) and the same is in violation of the principles of natural justice.

5. In view of the above, the orders passed by respondent No.2 vide proceedings No.D/712/2024/YEDAPALLY/TM-33/C- 4, dated 30.06.2024 is set aside. The respondent No.2 is directed to re-examine the application submitted by the petitioner afresh, as the subject land is assigned land, for issuance of passbooks