THE HON’BLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.19252 OF 2021

O R D E R:

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

“… to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the order passed by the Special Tribunal, Peddapalli, in Case No.D1/1293/2020/Tribunal Case No.LDM2000033923 dated 21-06-2021 as illegal, arbitrary, contrary to law against the provisions of the Telangana Rights in Land and Pattadar Passbook Act, 2020 and also violation of Articles 21 and 300-A of the constitution of India, besides being violative of principles of natural justice and consequently set aside the same and pass such other order or orders …”

2. Heard Mr.Madas Bharat Chandra, learned counsel for the petitioner and Mr.Sandeep Goud, learned Assistant Government Pleader for Revenue representing learned Government Pleader for Revenue appearing for respondent Nos.1 to 6.

3. The brief facts of the case are that the father of the petitioner namely Kandula Lingaiah was the absolute owner and possessor of the lands admeasuring Ac.0.39 guntas in Sy.No.48/C, Ac.0.32 guntas in Sy.No.48/D, Acs.3.15½ guntas in Sy.No.50 situated at Kukkalagudur Village, Palakurthi Mandal of Peddapally District along with other lands; that after the demise of petitioners’ father, the petitioner, being the sole legal heir succeeded the above said lands. Accordingly, the petitioner’s name was mutated in the revenue records and Pattedar Pass books was issued in her favour; that the Telangana Government has introduced Land Record updating project and issued new Pattedar Passbooks to land holders. Accordingly, the petitioner herein was issued new pattedar passbook but the subject lands were deleted in the said new pattedar passbook; that on enquiry the petitioner came to know that the above subject lands were recorded in the new pattedar passbook of respondent Nos.7 and 8, without issuing any prior notice to the petitioner which is against the provisions of the Telangana Rights in Land and Pattadar and Pass Book Act, 2020; that under the Land Records Updating Programme, no change of passbook entries can be made and if any changes are to be made, recourse under section

5(5) or 9 has to be taken.

4. It is further stated that respondent No.6, before carrying out any amendment in record of rights is bound to issue notice in writing to all the persons whose names are entered in the records of rights and no such notice was served on the petitioner; that on 24.01.2020, the petitioner had made an application under the Right to Information Act seeking to know the reason for deletion of the above subject lands in the new pattedar pass book and the basis for issuance of pattadar passbooks to respondent Nos. 1 and 2; that on dated 27.01.2020 the petitioner had also made another application to respondent No.6 seeking to rectify the said wrong entries and record the said subject lands in the passbook of the petitioner; that on 12.02.2020 respondent No. 6 had issued a memo stating that the application of the petitioner dated 24.01.2020 does not disclose the file number and as such they are unable to give information for the same; that the respondent No. 6 without having any valid documents, without carrying out mutation proceedings and without conducting any enquiry has deleted the name of the petitioner and recorded the names of respondent Nos.7 and 8 contrary to the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 2020. Aggrieved thereby, the petitioner has preferred an Appeal before respondent No. 5 seeking to rectify the revenue records with respect to the afore cited lands situated at Kukkalagudur Village, Palakurthi Mandal of Peddapally District and to issue new pattedar passbooks to the petitioner by recording the above mentioned lands and to cancel the pattedar pass books issued in favour of respondent Nos.7 and 8. The appeal was allowed on 21.