HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.33089 of 2024

ORDER:

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

“….to pass an order to issue any appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents more particularly the Respondent No.2 in rejecting of the petitioner online application No.LM2300001377 dated 20/02/2023 vide Prog No.D/2180/2023 dt.21-07-2023 to remove in the list of prohibited properties as government land in respect of agricultural Land admeasuring AC.6-17gts in Sy.No.149 situated at Bapur Village, Utkoor Mandal, Narayanpet Dist, T S by showing the petitioner name as pattadar in Dharani as arbitrary illegal and also violative of Articles 14 and 300A of the Constitution of India and set aside the same and consequently direct the Respondents to remove in the list of prohibited properties as government land in respect of agricultural Land admeasuring AC.6-17gts in Sy.No.149 situated at Bapur Village, Utkoor Mandal, Narayanpet Dist, T.S by showing the petitioner name as pattadar in Dharani.…”

2. It is the case of the petitioner that she is the owner and possessor of agricultural land admeasuring Ac.6-17 guntas in Sy.No.149, situated at Bapur Village, Utkoor Mandal, Narayanpet District, having acquired the same under registered sale deed bearing Document No.4354/2020, dated 22.05.2020 from Smt.Manikyamma W/o.Saibanna. It is further case of the petitioner that her name was mutated in the revenue records vide Proceedings No.B/ROR/9113/2020 dated 27.06.2020 and she was also issued Pattadar Passbook No.T01260040421 vide Khata No.60187. It is the case of the petitioner that when she tried to sell the subject land due to financial difficulties, she was surprised to know that the subject land was shown in the list of prohibited properties as Government land. It is also case of the petitioner that she submitted online application bearing No.LM2300001377, dated 20.02.2023, seeking to delete the subject land from the list of prohibited properties and when there was no action, she filed W.P.No.6200 of 2023 and this Court vide order dated 09.03.2023, directed the respondent No.2 to consider the petitioner’s application, by issuing notice to affected parties and after affording an opportunity of hearing, pass a reasoned order within a period of eight weeks. The grievance of the petitioner is that the respondent No.2 instead of considering her application, rejected the same vide Proceedings No.D/2180/2023, dated 21.07.2023, stating that as per the report of the respondent No.4, the petitioner purchased the land on impersonated documents from the person who is not concerned with the subject land and not inclined to transfer the land from Notional Khata to Patta. Hence the writ petition.

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

4. The learned counsel for the petitioner contended that the petitioner’s vendor, Smt. Manikyamma W/o Saibanna, was alive at the time of execution of the registered sale deed dated 22.05.2020 and passed away only on 17.07.2020, as evidenced by the death certificate issued by the competent authority. It is submitted that the allegation of impersonation of the documents is baseless and unfounded. Placing reliance on Section 6 of the Telangana Rights in Land and Pattadar Passbooks Act, 1971, the learned counsel submitted that entries made in the Record of Rights shall be presumed to be true, unless the same are rebutted after conducting an enquiry. It is further submitted that in the absence of granting decree by the competent court declaring the sale transaction as null and void, the revenue authorities are not competent to decide the genuineness or validity of the sale deed. It is submitted that respondent No.2, without any authority, relied upon the report of respondent No.4–Tahsildar, which was neither supplied to t