HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.1235 of 2023

ORDER:

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

“…issue Writ Order or Direction or any other appropriate Order one in the nature of a WRIT OF MANDAMUS declaring the action of the official Respondents not considering the applications dated 13/07/2022 made by the Petitioner through online vide (1) Appl.No.RC2200007103 for Sy.No.189/A2 to an extent of AC.3-00gts, (2) Appl.No.RC2200007101 for Sy.No.189/A1/2 to an extent of Ac.2- 10gts, (3) Appl.No.RC2200006789 for Sy.No.189/1 to an extent of Ac.1-30gts, (4) Appl.No.RC2200007097 for Sy.No.189/2 to an extent of Ac.1-30gts, (5) Appl.No.RC2200007099 for Sy.No.189/3 to an extent of Ac.1-0650gts, (6) Appl.No.RC2200007102 for Sy.No.189/A1/3 to an extent of Ac.2-10gts (7) Appl.No.RC2200006788 for Sy.No.189/A1/1/1 to an extent of Ac.2-2150gts and not making changes in Revenue Record and not issuing the Pattadar passbook over the land in Sy.No.189, admeasuring Ac.19-08 gts, situated at Zaheerabad Village and Mandal of Sangareddy District as illegal, arbitrary in violation of principles of natural justice and against the equity and consequently direct the official Respondents to correct the revenue records and issue Pattadar Passbook in favour of Petitioner for the land stated supra and pass…”

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

3. It is stated that the petitioner is the adopted son of late Vittobaji @ Vettal Rao, who was the original owner and possessor of the agricultural land admeasuring Ac.19.08 gts., in Sy.No.189, situated at Zaheerabad Village and Mandal, Sangareddy District. It is further stated that after the death of his father, the petitioner succeeded to the subject property and when disputes arose with regard to the subject property, he has filed an application before the Tahsildar as well as RDO, however, the respondent authorities have incorporated the names of the unofficial respondents in the revenue records in respect of the subject property. As such, the petitioner has filed a revision petition under Section 9 of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short, ‘the Act, 1971’) on the file of the Joint Collector. It is further stated that pending adjudication of the said revision, the Act, 1971 has been repealed and replaced with the Telangana Rights in Land and Pattadar Passbooks Act, 2020 (for short ‘the Act, 2020’), wherein under Section 16 of the Act, all the pending cases have been referred to the Special Tribunal and accordingly, the appeal was also referred to the Special Tribunal. Initially, the Special Tribunal has decided the case in favour of the petitioner and subsequently, as per the directions issued by this Court in W.No.No.10230 of 2021, the said case was reopened and disposed of granting liberty to the parties to approach competent Civil Court. Thereafter, the Special Tribunal adjudicated the revision in Case No.F3/1027/2017 on 01.07.2021 granting liberty to the respondents to approach competent Civil Court. It is further stated that the petitioner has made online applications dated 13.07.2022 for issuance of pattadar passbooks in respect of the subject property and the same are not considered till date.

4. Learned counsel appearing for respondent No.10 has stated that the petitioner has filed a writ petition vide W.P.No.17112 of 2023 on the file of this Court seeking to declare the action of the Special Tribunal in issuing order dated 01.07.2021 vide Old Case No.F3/1027/2017 without issuing any notice and without giving any findings regarding earlier order dated 08.02.2021 for the subject land and this Court, vide order dated 10.03.2025 has dismissed the said writ petition granting liberty to the petitioner to approach the competent Civil Court. Thereafter, the present writ petition has been filed seeking implementation of the mut