HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.19847 OF 2022 ORDER: (ORAL)

This writ petition is filed by the petitioner to declare the impugned order dated 03.03.2022 passed by respondent No.2 - District Collector, Mulugu District (erstwhile Warangal), as being violative of principles of natural justice and Article 14 and 300-A of the Constitution of India and contrary to the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2020 (for short ‘Act 2020’); and for a consequential direction to respondent No.2 to issue pattadar passbook to him in respect of the land admeasuring Acs.4-11 guntas in Survey No.3299 and Acs.0-22 guntas in Survey No.3299/1 situated at Ramachandrapur Village, Mulugu Mandal and District, pursuant to the Order No.F/541/2013 dated 30.05.2013 passed by respondent No.3 - Revenue Divisional Officer, Mulugu, and the order in Proceeding No.B/1082/018 dated 01.09.2018 passed by respondent No.4 - Tahsildar, Mulugu District.

2. The case of the petitioner, in brief, is as under:

(a) The petitioner is the owner and possessor of the land

admeasuring Acs.4-33 guntas in Survey Nos.3299 and 3299/1 situated at

Ramachandrapur Village, Mulugu Mandal and District, having inherited the same from his father Mr. Laxmaiah. The petitioner had been in possession and enjoyment of the subject land since 1992.

(b) That one Umer Khan was predecessor-in-title and pattadar of the subject land. While so, the then Tahsildar of Mulugu Mandal who was hand in glove with the third parties mutated the name of Mr. Dodda Santhosh Kumar (who is impleaded as respondent No.5) in respect of the land to an extent of Acs.4-11 guntas in Survey No.3299 and also the name of Mr. Madoori Thirupathi (who is impleaded as respondent No.6) in respect of the land to an extent of Acs.0-22 guntas in Survey No.3299/1 and they were issued pattadar pass books based on the enjoyment list prepared by the Mandal Inspector Mr. Polu Dasari Ramesh. On coming to know about illegal entries made in the revenue records and issuance of pattadar pass books in favour of respondent Nos.5 and 6, the petitioner and his parents approached the then Tahsildar and made several representations. Pursuant thereto, respondent No.4 referred the matter to respondent No.3 who in turn has taken up suo moto appeal under Section 5-B of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for short ‘Act 1971’) and issued proceedings No.F/541/2013 dated 30.05.2013.

(c) It is stated that in the appeal, respondent No.3, having conducted detailed enquiry in the matter, based on ‘Field Enquiry Report’ conducted by the then Tahsildar and based on the statements of adjoining pattadars, recorded a finding that respondent Nos.5 and 6 got their names illegally entered in respect of the subject land, directed respondent No.4 to delete the names of respondent Nos.5 and 6 from the revenue records and also to cancel the pattadar pass books issued in their favour in respect of the subject land. Further, a direction was given to respondent No.4 to issue pattadar pass books in favour of the petitioner who is in physical possession and enjoyment of the subject land.

(d) It is stated that upon representations made by the petitioner to respondent No.4, field enquiry was got conducted through the Village Revenue Officer (VRO), Ramachandrapur, as to the actual possession of the petitioner. Accordingly, the VRO, Ramachandrapur, submitted the report dated 31.07.2018. Thereafter, respondent No.4 passed order dated 01.09.2018 in Proceedings No.B.1082/018 directing necessary corrections to be made in the revenue records/entries by issuing notice to all concerned.

(e) It is stated that the petitioner had been pursuing the matter with respondent Nos.2 to 4 for correction of revenue records and issuance of pattadar pass books; however, for the reasons best known to them, no steps have been taken for rectifying the names in the revenue records and for issuing pattadar pass books in favour of