THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.10304 of 2023

ORDER :

The present writ petition is filed by the petitioner under Article

226 of the Constitution of India for the following relief :

“… to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No.3 in not issuing E-Patta pass book under Section 6 of Telangana Rights in Land and Pattadar Pass Books Act, 2020 in respect of petitioner's ancestral agricultural land an extent of Ac.2-26.80 Gts., in Survey No.142/1A/1/1 situated at Kothapet Revenue Village, Kaghaznagar Mandal of K.B.Asifabad District in pursuance of petitioner's online application for passbook data correction vide Application No. 2200044601 dated 13.06.2022 and offline representation dated 14.03.2023 as illegal, unjust, arbitrary, suffers from failure of exercising the jurisdiction vested in the respondent No.3 and violation of fundamental rights guaranteed to the petitioner under Article 14, 21 and 300-A of the Constitution of India and consequently declare the action of the respondent No.3 in issuing the endorsement vide proceeding No.D2/TM33/2200044601/2023 dated 11.03.2023 by rejecting the petitioner's application is also illegal, arbitrary, against principles of natural justice and further set aside the same endorsement vide Proceeding No.D2/TM33/2200044601/2023 dated

11.03.2023 issued by the Respondent No. 3…”

2. Heard Sri Ramakrishna Kulkarni, learned counsel representing learned counsel for the petitioner Sri Venu Cheggam and Sri L.Ravinder, learned Assistant Government Pleader appearing on behalf of learned Government Pleader for Revenue Sri K.Muralidhar Reddy. Though notice is ordered, none appeared for the respondent No.6.

3. The learned counsel for the petitioner submits that the present writ petition has been filed seeking a declaration that the action of respondent No.3, in failing to record the petitioner’s name on the Dharani online portal and in not issuing an E-Patta passbook under Section 6 of the Telangana Rights in Land and Pattadar Pass Books Act, 2020, in respect of his ancestral agricultural land admeasuring Ac.2-26.80 Gts., in Survey No.142/1A/1/1, situated at Kothapet Revenue Village, Kaghaznagar Mandal, K.B.Asifabad District despite his online application for passbook data correction and subsequent offline representation dated 14.03.2023 is illegal, arbitrary, without jurisdiction and violative of the principles of natural justice.

(a) The learned counsel for the petitioner further submits that the endorsement issued by respondent No.3 vide proceedings No.D2/TM33/2200044601/2023 dated 11.03.2023, rejecting his application, be declared illegal and consequently set aside. During the Land Record Updation Programme (LRUP), the petitioner’s name was not uploaded on the Dharani portal for the aforesaid land. Instead, the name of one Smt.Parvathi Bayilani, W/o.Eshwar Das Bailani, was erroneously recorded in 2019-20 without any supporting documentary evidence, along with Survey No.139/5 under Khata No.100922, marked as Non-DS. Such wrongful entry, made without due verification, is contrary to the provisions of Revenue Law and violative of natural justice.

(b) Aggrieved by the said error, the petitioner submitted an online application No.2200044601 dated 13.06.2022 for passbook data correction. The Tahsildar, Kaghaznagar Mandal, after due verification, recommended the correction, confirming that the erroneous entry in Dharani was due to a technical error. Despite such confirmation, the District Collector, K.B.Asifabad District, vide Proceedings No.D2/TM33/2200044601/2023 dated 11.03.2023, rejected the petitioner’s request, citing the existing entry of another person’s name in Dharani. The tahsildar’s report, however, clearly established that Smt.Parvathi Bayilani has no connection with the subject property, holds no land in the said survey number and has never laid any claim to it. The petitioner’s name stands in