HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.37011 of 2024

ORDER:

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

“….to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4^th respondent in passing the impugned Endorsement vide Rc.No.B/2042/2024 dated .08.2024 signed on 20.09.2024 by rejecting the representation of the petitioner seeking for mutation and issue pattadar passbooks in connection with the lands in Sy.Nos.123, 126 and 127 to an extent of Ac.6.20 gts situated at Thimmapur Haveli Village, Hanamakonda Mandal, Warangal District without giving any reasons wherein pendency of the writ petition and contempt case before the Honble Court rejecting the representation by issuing the impugned proceedings by the 4^th respondent is illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19, 21 and 300A of Constitution of India by setting aside the same and consequently direct the respondents to issue the online pattadar passbooks and title deeds by mutating the petitioner name in the online revenue records in dharani portal immediately in the interest of justice.…”

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

3. It is stated that the petitioner-firm is owner and possessor of agricultural lands admeasuring Ac.4.20 gts in Sy.No.123, Ac.1.30 gts in Sy.No.126, Ac.0.10 gts in Sy.No.127 total admeasuring Ac.6.20 gts situated at Thimmapur Haveli Village, Hanamkonda Mandal, Warangal District, having purchased the same under registered sale deed dated 24.01.2008 bearing document No.5389/2008 and the name of the petitioner was mutated in the revenue records vide proceedings in Rc.No.200/A/718/2020 dated 17.04.2010. It is further stated that the petitioner has made an application before the respondent No.4 seeking to issue new pattadar pass book, and when there was no action, the petitioner was constrained to file W.P.No.18302 of 2023 on the file of this Court. This Court vide order dated 11.01.2024 disposed of the said writ petition, directing the respondents to consider the online Dharani Application dated 15.07.2023 vide Reference No.2300114144-TM(33) Module for Pass Book data correction along with the representation dated 05.08.2022 submitted by the petitioner for issuance of pattadar passbook in the name of the petitioner-firm, and record entries in the Dharani Portal in respect of the subject lands, by issuing notice to all concerned including the petitioner and after affording opportunity of hearing, pass orders in accordance with law within a period of 45 days from the date of receipt of a copy of the order. It is stated that in pursuance of the aforesaid order, the respondent No.4 has passed the impugned endorsement vide Rc.No.B/2042/2024 dated 20.09.2024 rejecting the application and the representation of the petitioner. Hence the writ petition.

4. The learned counsel for the petitioner has submitted that the petitioner-firm has purchased the subject lands under registered sale deed dated 24.01.2008 bearing document No.5389/2008 from the lawful owners, who were protected tenants and were issued Certificate under Section 38-E of the Andhra Pradesh (Telangana Area) and Agricultural Land Act, 1950 (for short “Tenancy Act”). It is also submitted that the name of the petitioner was mutated in the revenue records vide proceedings in Rc.No.200/A/718/2020 dated 17.04.2010. It is further submitted that even though this Court vide order dated 11.01.2024 in W.P.No.18302 of 2023 specifically directed the respondent authorities to consider the petitioner’s online Dharani application dated 15.07.2023 along with the earlier representation dated 05.08.2022 after issuing notice and affording an opportunity of hearing, the respondent No.4 erroneously rejected the petitioner’s application vide impugned Endorsement Rc.No.B/2042/202