THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION Nos.20135 and 20150 of 2020

COMMON ORDER:

Since the issue involved in both these Writ Petitions is one and the same, they are being heard together and disposed of by way of a common order.

2. Writ Petition No.20135 of 2020 is filed under Article 226 of Constitution of India seeking the following relief/s:-

“… issue order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of Respondents in not issuing New Pattedar Pass Books and also the amount under Rythu Bandhu scheme to the Petitioner in respect of land in Sy.No.297/2, admeasuring Ac.5-02 Gts., situated at Maredugonda (V), Peddapalli Mandal & District as illegal, arbitrary and consequently direct the Respondents to issue new pass books and amount under Rythu Bandu Scheme and pass any further order or order ...”

3. Writ Petition No.20150 of 2020 is filed under Article 226 of Constitution of India seeking the following relief/s:-

“… to issue order or direction more particularly one of the nature of Writ of Mandamus directing the Respondents to record the proper extent of land in Sy.Nos.292/1, 293/1, 298/1, 305 and 297/3 situated at Maredugonda (V), Peddapalli Mandal & District in my name and consequently direct the Respondents to issue new pass books and pass any further order or orders …”

4. Heard Mr.N.Ashok Kumar, learned counsel for the petitioner and Mr.H.Rakesh Kumar, learned Assistant Government Pleader for Revenue representing learned Government Pleader for Revenue appearing for respondents.

Perused the record.

For the sake of convenience, the facts in W.P.No.20135 of

2020 are discussed as under:-

5. The brief facts of the case are that originally Syed Mohiuddin @ Mohinuddin, the paternal grandfather of Writ Petitioner was the absolute owner and possessor of several agricultural lands in Sy.No.292/1 admeasuring Ac.3-10 Gts., Sy. No.293/1 admeasuring Acs.10-30 Gts., Sy.No.297/2 admeasuring Acs.5-30 Gts., Sy.No.297/3 admeasuring Acs.2-21 Gts., Sy.No.298/1 admeasuring Acs.2-12 Gts., Sy.No.305 admeasuring Acs.13-07 Gts., and Sy.No.535/2 admeasuring Ac.0-04 ¼ Gts., situated at Maredugonda(V), Peddapalli Mandal & District by virtue of inheritance from his father Syed Abdul Khadar; that on such inheritance, one Syed Mohiuddin @ Mohinuddin started cultivating the said lands by raising maize, millets, green gram, red gram etc. from time to time by paying revenue to the authorities; that the Nizam Government had issued Pavuti Bahi in favour of Syed Mohiuddin @ Mohinuddin besides entering his name as pattedar and possessor. While so, in the year 1970 Syed Mohiuddin @ Mohiuddin died intestate leaving his sole son Syed Abdul Khader i.e, the father of petitioner. Since, then the father of petitioner was cultivating the aforesaid lands till 1985-86. As there was no proper livelihood, the father of petitioner got shifted his residence to Challur(V), Veena-vanka (M), Karimnagar District which is the place of her parents in-laws by leasing out the above said lands; that Abdul Khadar was in the habit of collecting half of the crop share from the lessees for every year. Since the enjoyment of the above said lands on the spot is intact, he did not get his name mutated in the revenue records; that taking advantage of the absence of the father of petitioner in the village some interested persons by influencing the revenue officials, got entered their names as pattedars and possessors of the lands; that on 24.03.1977 in order to meet his domestic necessities, Syed Abdul Khadar got sold away the land admeasuring Acs.3-00 Gts, in Sv.No.293/1 and Ac. 1-00 Gts. in Sy.No.292/1 to one Nallala Venkataiah S/o.Rayamallu and since then they have been in physical possession and enjoyment of the same; that the said Nallala Venkataiah got sold away the above said land in favour of Penugonda Rajaiah through a simple sale deed; that on 31.03.2006 the father of petitioner executed registered sale deed in respect of land