THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.28359 of 2011

ORDER:

Heard Sri Ch.Venkat Raman, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for the respondents and perused the material available on record.

2. Learned counsel for the petitioner submits that the petitioner filed the writ petition seeking to declare the action of the respondents in not issuing pattadar pass books and title deed in favour of the petitioner with respect to the land in Sy.No.262, admeasuring Ac.0.31 guntas of Boduppal Village, Ghatkesar Mandal, Ranga Reddy District as illegal and arbitrary.

3. Learned counsel for the petitioner further submits that the petitioner is a landless poor and in view of the same, respondent No.3 has allotted land to an extent of Ac.0.31 guntas in Sy.No.262, admeasuring Ac.0.31 guntas of Boduppal Village, Ghatkesar Mandal, Ranga Reddy District vide proceedings No.B6/6023/A/84 dated 09.03.1984. Thereafter, the possession was given to the petitioner as on the date of granting of D-Form patta and the petitioner became as absolute owner and possessor of the said land and used to raise wet-crops by paying land revenue to the Government regularly.

4. Learned counsel for the petitioner further submits that the petitioner made a representation to respondent No.3 for issuance of pattadar passbooks and title deeds. In view of the same, the respondent No.3 sent a report to the respondent No.1 stating that the petitioner is occupying the land peacefully and no disputes are pending or any irregularities against assignment of the land. Subsequently, the Mandal Revenue Officer wrote a letter dated 28.12.2001 to respondent No.1 vide Letter No.D/984/1996. Thereafter, the respondent No.3 again wrote a letter to respondent No.1 dated 15.03.2003 vide Letter No.D1/2795/2003 for further clarification whether the said land is acquired by any statutory bodies under Land Acquisition Act, 1984. In spite of making several representations by the petitioner, the respondents did not issue pattadar pass books and title deeds and aggrieved by the same, the petitioner filed the present Writ Petition requesting to direct the respondents to issue pattadar pass books and title deeds to the petitioner in respect of the subject land.

5. On the other hand, learned Assistant Government Pleader for Revenue, basing on the counter filed by respondent No.3, submits that the land in Sy.No.262 admeasuring Ac.72.05 guntas is recorded as “Gairan Sarkari”. The status of the total land is recorded as R.R.Labs for an extent of Ac.30.00 guntas, Cheruvu Alugu for and extent of Ac.1.00 guntas, Weaker Section Houses (Indiranagar Colony) for an extent of Ac.39.17 guntas and Ac.1.28 guntas was recorded as vacant land. The Village Boduppal falls under total prohibition area for Agriculture Assignment as per G.O.Ms.No.1409, Rev(Q) Department, dated 19.08.1978. Hence, the question of assignment of land in favour of the petitioner does not arise. Further, the petitioner has produced a copy of Form-B Patta bearing No.B/6/6023/A/84 dated 09.03.1984 issued by the then Tahsildar, Hayathnagar Taluk, wherein it is mentioned that the land admeasuring Ac.0.31 guntas in Sy.No.262 of Boduppal Village in the name of one V.Ramulu, S/o. Vadde Balaiah. The said patta certificate file is not available and more over the said patta was not implemented in the revenue records i.e., Faisal Patti, Pahani etc., and no Supplementary Sethwar was issued. Therefore, the assignment has not taken to its logical end, hence, the question of issuing pattadar pass books does not arise.

6. Learned Assistant Government Pleader for Revenue further denied the contention of the petitioner is that the petitioner is the owner and possessor of the land in Sy.No.262 to an extent of Ac.0.31 guntas situated at Boduppal Village, Ghatkesar Mandal, Ranga Reddy District. He further submitted that any correspondence by the revenue authorities in favour of the petitioner is not the e