Telangana High Court
Banda Kishtaiah vs The State Of Telangana on 16 October, 2025
THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL
WRIT PETITION No.31376 of 2025
ORDER:
This Writ Petition is filed praying this Court to declare the orders passed by respondent No.4 in Report No./Chityala/TM- 33/Land Type Corrections/ID No.2500006053, dated 18.06.2025, rejecting the application No.2500006053 of the petitioner in respect of the lands admeasuring Acs.2.1650 guntas in Sy.No.615/AA and Acs.2.1650 guntas in Sy.No.615/E, situated at Gundrampally Village, Chityal Mandal, Nalgonda District as Government land, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of Constitution of India and consequently, prayed for other appropriate reliefs.
2. Heard Sri Raja Sripathi Rao, learned Senior Counsel representing Mr.Mohd. Subhan Pasha, learned counsel for the petitioner and Sri H.Somaiah Ezra Sastri, learned Assistant Government Pleader for Assignment appearing for the respondents and with their consent, this writ petition is being taken up for disposal at the admission stage.
3. Learned Senior Counsel appearing for the petitioner would submit that, prior to 1955, the father of the petitioner by 2 EVV, J Wp_31376_2025 name late Banda Kondaiah was assigned the agricultural land admeasuring Acs.4.04 guntas in Sy.No.615, situated at Gundrampally Village, Chityala Mandal, Nalgonda District under Laoni Patta and his father's name was incorporated in all the revenue records. After the death of the petitioner's father, the land admeasuring Acs.2.1650 guntas in Sy.No.615/AA was mutated in the name of the petitioner and the land admeasuring Acs.2.1650 guntas in Sy.No.615/EE was mutated in the name of the petitioner's brother i.e., Banda Srisailam and they were issued e-pattadar passbooks and they have been in peaceful possession and enjoyment of the same. Learned Senior Counsel would further submit that the brother of the petitioner was unmarried and due to ill health, he died intestate on 03.08.2020 and therefore, the petitioner had succeeded to his brother's property. Learned Senior Counsel would further submit that the petitioner made an online application bearing No.2500006053, dated 01.02.2025 and also representations, dated 03.02.2025 and 26.04.2025 to the respondents requesting for recording the nature of land from Laoni Patta to Patta land and for deletion of the said land from the list of prohibited properties. The Tahsildar-respondent No.6, in his report, would submit that as per record verification of Chessala 3 EVV, J Wp_31376_2025 Pahani and the pahani for the year 1970-71 relating to the total extent of Sy.No.615 is Acs.10.04 guntas, the said land is classified as "Poramboke Sarkari" and that the online Dharani pahani also records the said land as 'Government Land' and basing on the said report, respondent No.5 also recommended rejection of the petitioner's application. Learned Senior Counsel would further submit that solely relying on the said recommendations, respondent No.4 had rejected his application, without cancelling the existing pattadar passbook under Section 9 of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 and respondent No.4 also ignored the mandatory procedure prescribed under the CCLA Circular No.1/2021 and prayed to set aside the impugned order.
4. Learned Assistant Government Pleader for Assignment, on the other hand, would submit that as per Chessala Pahani, the land to an extent of Acs.10.04 guntas in Sy.No.615 is classified as "Poramboku-Sarkari" and in online Dharani pahani also the survey number is recorded as "Government land", and hence, the petitioner's application, for change of nature of land from 'Laoni Patta' to 'patta land' cannot be considered and therefore, rejected the same.
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5. Having heard the learned counsel for the petitioner and learned Assistant Government Pleader for Assignment and as seen from the material on record, the impugned order is ambiguous wherein the survey number is noted as Sy.No.187, which is not the relevant survey number in the application made by the petitioner and further, in the impugned order, it is observed that "as per the record verification pertaining to Sy.No.615 of Gundrampally Village, Chessala Pahani and 1970- 71 pahani pertaining to Sy.No.187, it is found that the total extent of Sy.No.615 is Acs.10.05 guntas and is classified as "Poramboku-sarkari' and in online dharani pahani also this survey number is recorded as "Government Land". It is not clear from the impugned order as to whether Sy.No.187 is connected to Sy.No.615 and whether pattadar passbook was in force at the time of application of the petitioner. Without issuing any notice to the petitioner on these aspects declaring the said land as "Government land" is perverse and the impugned order is liable to bet set aside. However, it is needless to mention that, if the Government has any claim over the subject land, the respondents are at liberty to take necessary action after following the procedure as contemplated under law.
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6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.
7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
_____________________ E.V.VENUGOPAL, J 16.10.2025 gkv