HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.4103 of 2025

ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking for following relief:

“..to issue an appropriate Writ or Direction or Order more particularly one in the nature of Writ of Certiorari Calling the records in Rc.No.B/9101/2012, dt.30.12.2022 rejecting the Dharani Application for rectification of revenue records mutation and issuance of passbooks in respect of Agricultural property admeasuring Ac.28.06 guntas, in Sy.No.91/1అఅ/1/1, situated at Kunchaparthi Village, Vemsoor Mandal, Khammam District by the 4^th Respondent and declare the same as illegal, arbitrary, without jurisdiction and incompetency against his own report in Proceedings Rc.No.B/9101/2012 dt.20.10.2021 against the provisions of new ROR Act in violation of principles of natural justice and against all settled principles of law and set-aside the same and consequently direct the Respondents to rectify the revenue entries, mutate the name of the Petitioner in all revenue records and issue E-Passbook in favour of the Petitioner in respect of Agricultural property admeasuring Ac.28.06 guntas in Sy.No.91/1అఅ/1/1, situated at Kunchaparthi Village, Vemsoor Mandal, Khammam District by considering the fresh application made on 26.11.2024 vide Application No.2400125134..”

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is stated that the petitioner’s father along with two others are the pattadars and possessors of land admeasuring Ac.108.33 gts., Sy.No.91/1A, situated at Kunchaparthi Village, Vemsoor Mandal, Khammam District and their names were recorded as pattadars in the pahanies for the years 2000-01 to 2010-11. It is further stated out of the said land, the petitioner has succeeded the land to an extent of Ac.30.06 gts., in Sy.No.91/1/A from his father. It is further stated that the Village Revenue Officer has mistakenly recorded the said land to an extent of Ac.30.06 gts., as Gramarasi in cultivator column and having noticed the same, the petitioner has made an application dated 26.06.2010 on the file of respondent No.3- Revenue Divisional Officer seeking correction of the said entries and respondent No.3, called for a detailed report from respondent No.4-Tahsildar. It is further stated that respondent No.4 submitted a detailed report dated 29.01.2012 to respondent No.3 stating that as per the statement of VRO, it is clear that for the land in Sy.No.91/1/A an entry was made in the pahani for the year 2008-09 as ‘Gramarasi’ in cultivator column on the oral instructions of the-then Tahsildar but there is no supporting document or legal basis and the said entry was made without issuing any notice to the pattadars. It is further stated that the petitioner has filed a writ petition vide W.P.No.4018 of 2012 on the file of this Court and this Court, vide order dated 22.02.2012 disposed of the same directing respondent No.1 therein to consider and take appropriate action in pursuance to the petitioner’s representation dated 26.06.2010 on the basis of the report of respondent No.2 therein, dated 29.01.2012. It is further stated that pursuant to the said order, acting upon the said representation of the petitioner, respondent No.3 conducted enquiry and vide proceedings in Rc.No.A1/830/2012, dated 20.06.2012 remitted the mater to respondent No.4 to conduct de novo enquiry as per the Telangana Rights in Land and Pattadar passbooks Act, 1971 (for short, ‘the Act, 1971’) and pass reasoned orders. It is further stated that when said order was not complied, the petitioner filed contempt case and pending adjudication of the same, on the letter addressed by the learned Government Pleader, the respondent No.3 conducted fresh enquiry and passed orders in Rc.No.A1/830/2012, dated 28.07.2012 directing the respondent No.4 to make necessary correction of entries in record of rights. Based on the orders of respondent No.3, respon