HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.11851 of 2025

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“….to issue appropriate Writ, order direction more particularly one in the nature of Writ of Mandamus to allow the writ petition by setting aside the orders of Respondent No.3/Joint Collector, R.R Dist passed in Revision Case No.D5/2502 of 2018 dated 21/12/18 December, 2019 and consequentially the order passed by the Respondent No.4/Revenue Divisional Officer Kandukur Division Ranga Reddy Dist in Appeal Case No.A2/9209 of 2015 dated 02.01.2018 and orders passed by the Respondent No.5/Tahsildar, Kandukur Mandal, RR Dist in ROR Proc.No.B/189 of 2012 dated 17.12.2012 in respect of subject lands.…”

2. Considered the submissions of Sri A. Keshava Reddy, learned counsel for the petitioner; Sri L. Ravinder, learned Assistant Government Pleader appearing for the respondents and with their consent this writ petition is disposed of at the admission stage.

3. It is the case of the petitioner that his father namely late Sri Bathula Harikishan Reddy was the owner and possessor of lands admeasuring Ac.43.27 guntas in various survey numbers situated at Gummadavelli Village, Kandukur Mandal, Ranga Reddy District, having acquired the same by way of succession, and his name was recorded in all the revenue records and the revenue authorities have also issued pattadar passbooks and title deeds in his favour. It is further stated that after the death of the petitioner’s father, the entire extent of land was mutated in the name of petitioner’s mother namely late B. Laxmamma, vide proceedings No.B/189/2012, dated -12-2012, and there was no partition among the co-sharers during her lifetime in respect of the subject lands. It is the case of the petitioner that his late mother, B. Laxmamma, executed gift deed in favour of the other legal heirs, excluding the petitioner and taking advantage of the same, the names of the other co-sharers have been entered in the revenue records and they have started claiming right over the entire property, therefore, he filed an appeal in Case No.A2/9209 of 2015 before the respondent No.4-Revenue Divisional Officer (RDO) challenging the ROR proceedings No.B/189/2012 dated 17.12.2012 issued by respondent No.5, and the same was disposed of vide order dated 02.01.2018 directing the petitioner to approach the RDO after the disposal of the suit in O.S.No.839 of 2015 which was filed by one of the brothers of the petitioner on the file of the Principal District Judge, Ranga Reddy. Aggrieved by the said order, the petitioner filed a Revision under Section 9 of the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short ‘Act, 1971’) before the respondent No.3-Joint Collector, and the same was dismissed vide order dated 21.12.2019 in Case No.D5/2502/2018. The grievance of the petitioner is that he submitted an applications seeking mutation and consequential issuance of pattadar passbooks to the extent which falls to his share, to enable him to enjoy his possession over the said property, but till date no action has been taken by the respondents.

4. Learned counsel for the petitioner submitted that as per the Hindu Succession Act, 1956, the petitioner along with other co- sharers are the Class-I legal heirs of Late Bathula Harikishan Reddy and only to facilitate the revenue authorities for payment of revenue cist/tax, the name of the petitioner’s mother was recorded in the revenue record, and after the death of mother, the petitioner along with other co-sharers are entitled for equal share of the subject property. Learned counsel further submitted that as per the provisions of the Telangana Land Revenue Act, 1317 Fasli (Act No. VIII of 1317 Fasli), the name of the Karta will be recorded as pattadar and the remaining co-sharers as hissadars, and accordingly, the name of the petitioner has been recorded in the pahanis as hiss