THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.35396 of 2025

ORDER

This Writ Petition is filed seeking the following relief:- “to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of mandamus declaring the inaction of Respondent Nos.3 to 5 in declaring the petitioners as Protective Tenants in respect of the Agriculture land to an extent of Ac.1.35 guntas in Sy.No.37; Ac.0.11 guntas in Sy.No.38; Ac.1.32 guntas in Sy.No.45; Acs.18.18 guntas in Sy.No.95 and Acs.15.09 guntas in Sy.No.432 thus totaling Acs.38.05 guntas, situated at Ramanujapur Village, Shamshabad Mandal, Ranga Reddy District as per the order in Case No. B4/16544/78, dated 21/11/1981 passed by the Joint Collector, Ranga Reddy District at Hyderabad passed in favour of their father Race Narsimha Reddy, as illegal, arbitrary and in violation of violation of principles of natural justice and also in violation of Articles 14, 19, 21 and 300A of the Constitution of India and consequently, direct Respondent Nos.3 to 5 to declare the petitioners as Protective Tenants in respect of above land by virtue of order in Case No.B4/16544/78, dated 21/11/1981 passed by the Joint Collector, Ranga Reddy District at Hyderabad and thereby cancel the patta by rectifying the revenue entries recorded in the name of Respondent Nos.6 to 12…”

2. Heard Sri Rapolu Bhaskar, learned counsel for the petitioners and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 and with their consent, this writ petition is being taken up for disposal at the admission stage. In view of the nature of relief sought for in this writ petition, issuance of notice to the unofficial respondents is dispensed with.

3. Learned counsel for the petitioners would submit that, the father of the petitioners, by name Resu Narsimha Reddy, was the Protected Tenant of the aforesaid land by virtue of the order in Case No.B4/16544/78, dated 21.11.1981 passed by the Joint Collector, Ranga Reddy District at Hyderabad and the father of the petitioners died on 03.12.2022 and after the death of their father, the petitioners have succeeded to the protected tenant rights over the subject land. Learned counsel for the petitioners would further submit that, after the death of their father, the petitioners have approached respondent No.5 with a request to mutate their names in the revenue records and consequential issuance of pattadar passbooks and title deeds and when their request was not considered by respondent No.5, the petitioners were constrained to file a suit vide O.S.No.382 of 2006 to declare them as legal heirs of the said Resu Narsimha Reddy and the said suit was decreed on 15.06.2006. Learned counsel for the petitioners would further submit that, after the said suit was decreed, the petitioners made a number of representations to respondent No.5, latest one being 16.10.2020 seeking for mutation of their names in the revenue records and consequential issuance of pattadar passbook and title deed. Learned counsel for the petitioners would further submit that, respondent Nos.6 to 12, who are not having any right or title, have colluded with the local revenue authorities and got recorded their names in respect of the subject land. Taking advantage of recording their names in the revenue records, respondent Nos.6 to 12 are now interfering with the peaceful possession and enjoyment of the petitioners over the subject land. Hence, this writ petition.

4. Learned Assistant Government Pleader for Revenue has submitted that, as per Section 4 of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short “the ROR Act, 1971”), the person, who acquires rights, shall intimate in writing with regard to acquisition of such right, to the Tahsildar within thirty days from the date of such acquisition. It is further submitted by the learned Assistant Government Pleader that, even if the Tahsildar has not mutated the names of the petitione