HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.10701 of 2025

ORDER

It is stated that the petitioner is the owner and possessor of the land admeasuring Acs.3.19 guntas in sy.No.338, situated at Chinnaramancherla Village, Bachannapeta Mandal, Jangoan District, having purchased the same through registered sale deed bearing document No.235 of 2005, dated 03.03.2005. It is further stated that the name of the petitioner was recorded as pattadar in the revenue records and pattadar passbook bearing No.T23010211281 vide Khata No.60624 was also issued in his favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2020 (for short “the Act 9 of 2020”) to an extent of Ac.1.35 guntas only. It is further stated that when the balance land i.e., Ac.1.25 guntas purchased under registered sale deed was not recorded in pattadar passbook, the petitioner made number of representations as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short “the ROR Act, 1971”) and the Rules made thereunder. It is further stated that the respondent authorities have not considered the said applications stating that the ROR Act, 1971 was repealed and replaced by the Act 9 of 2020 and unless the petitioner files appropriate application in Dharani Web Portal, the respondent authorities cannot exercise their power for mutation and consequential issuance of amended pattadar passbook for the balance extent of Ac.1.25 guntas. It is further stated that contrary to the above documents, respondent No.4 had issued a notice, dated 04.02.2025, to which the petitioner had already submitted explanation, dated 17.02.2025. The grievance of the petitioner is that respondent No.4, without considering the explanation, dated 17.02.2025 and the documents enclosed to the said explanation, once again issued the impugned Notice vide Rc.No.B/2400004427/2024, dated 27.03.2025 directing the petitioner to appear on 11.04.2025 at 11:00 a.m. and to produce the documents relating to the subject land.

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

3. Ms.P.Hamsa Durga, learned counsel representing Sri D.Raghavulu, learned counsel for the petitioner, has vehemently contended that the revenue authorities, are not having any power or authority to issue notices to the pattadars, who have issued pattadar passbooks, to produce the documents as the Tahsildar is the custodian of the entire revenue records.

4. Learned Assistant Government Pleader for Revenue has vehemently contended that, as per the provisions of the Telangana Revenue Summonses Act, 1869, the Revenue Divisional Officer and the Tahsildar are conferred with the power to summon any person and call for the records relating to any of the agricultural lands to enable them to examine and correlate with regard to the entries made in the revenue records. 5. As seen from the record, the impugned notice is issued to the petitioner to be present on 11.04.2025 at 11:00 a.m. along with the documents correlating the lands which are in his possession. Admittedly, the case of the petitioner is that previously a notice, dated 04.02.2025, was issued and the petitioner has already submitted the explanation, dated 17.02.2025 duly enclosing all the necessary documents. Since it is stated that the petitioner has purchased the subject property under registered sale deed and pattadar passbook and title deed have been issued in his favour, this Court is of the opinion that the ends of justice would be met if the petitioner is directed to be present on 11.04.2025 and also produce the copy of the explanation submitted by him along with the documents and in the event of submission of explanation duly enclosing the necessary documents, the respondent authorities are directed to take