THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

WRIT PETITION No.24798 of 2024

ORDER:

This Writ Petition is filed under Article 226 of Constitution

of India seeking the following relief/s:-

“…to issue any appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No.2 to 4 in not considering the representation of the petitioner dated 22.07.2024 seeking mutation and issuance of the Pattadar Pass Book and Title Deed in his favour on the basis of registered Sale Deed bearing Doct.No.951/2013, dated 01.05.2013 registered in the office of Sub Registrar, Bheemdevarapally in respect of the land admeasuring Ac.2.00 Gts in Sy.No.76, situated at Valbhapur Village of Elkathurthy Mandal, Hanamkonda District as per the order passed by the 2^nd respondent vide Proceedings No.D1/1938/2023, dated 20.04.2024 as illegal, arbitrary, unconstitutional and against the principles of natural justice and consequently direct the respondents to mutate the name of the petitioner in the Revenue records in respect of the land admeasuring Ac.2.00 Gts in Sy.No.76, situated at Valbhapur Village of Elkathurthy Mandal, Hanamkonda District and issue Pattadar Passbook

and Title Deeds …”

2. Heard learned counsel for the petitioner, Mr.L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 and Mr.Surya Satish, learned counsel for

respondent No.5. Perused the record.

3. Learned counsel for the petitioner would submit that the petitioner is the pattadar and possessor of land to an extent of Ac.2.00 gutnas in Sy.No.76, situated at Valbhapur Village of Elkathurthy Mandal, Hanamakonda District, having purchased the same through a registered sale deed bearing Doc No.951/2013, dated 01.05.2013. He would submit that the petitioner made a representation dated 22.07.2024 to respondent authorities seeking issuance of pattedar passbook and title deed on the basis of the registered sale deed conveyed in favour of the petitioner vide sale deed Doc No.951/2013, dated 01.05.2013 in respect of the land admeasuring Ac.2.00 guntas in Sy.No.76 of Vallabhapur Village, Elkathurthi Mandal, Hanmakonda. Vide proceedings No.D1/1938/2023, dated 20.04.2024 respondent No.2 has not been considered the representation submitted by petitioner. He would submit that respondent No.4 vide impugned proceedings No.B/6922/2005, dated 18.09.2008 had issued the Form 13(b) and 13(c) and pahanies for the year 2013 and 2015 depicts the name of the petitioner’s vendor as pattadar and possessor of the subject land.

4. He would further submit that since the name of the petitioner has not been entered into the revenue records, he made an application in Dharani Portal vide transaction ID No.05104400002324, dated 17.03.2023 seeking mutation of his name. learned counsel for the petitioner relied upon the registered sale deed Doc No.951/2013, dated 01.05.2013 duly registered in the office of Sub-Registrar, Bheemadevarapally . He would further submit that on the application made by the petitioner, the District Collector- respondent No.2 had rejected the same vide impugned proceedings No.D1/1938/2023, dated 20.04.2024 upon denova enquiry conducted by respondent No.4 – Tahsildar. Learned counsel submits that Forms 13(b) and 13(c) having been issued in favour of the vendors, conclusively establish their entitlement. Unless those proceedings are set aside, any subsequent entries or rights granted in the revenue records in favour of the other respondents would be legally unsustainable and confer no rights in law. Hence, he would submit that impugned proceedings issued by respondent No.2 – District Collector are perverse and not in accordance with law and seeks to allow this writ petition.

5. Opposing the Same, learned counsel for the unofficial respondent No.5 would submit that the petitioner claim has not been considered where the denova enquiry has been conducted by the Tahsildar- respondent No.4. Upon conducting denova enqui