Telangana High Court
A. Raghavender Rao vs The State Of Telangana on 2 September, 2025
THE HON'BLE SRI JUSTICE E.V.VENUGOPAL
WRIT PETITION No.1054 OF 2021
ORDER :
This Writ Petition is filed seeking a writ of mandamus declaring the action of the official respondents in not cancelling the assignment pattas issued in favour of the unofficial respondents over Government land in Sy. No. 667, measuring an extent of Acs. 4.04 guntas, situated at Kothur Village, Dharmaram Mandal, Peddapally District, despite recommendations from the 3rd respondent vide No. B/1463/2019, dated 06.07.2019, and the 4th respondent vide No. B2/1502/2019, dated 02.08.2019, for cancellation of the assignment pattas, as illegal, arbitrary, and in violation of the principles of natural justice; and consequently, to direct the official respondents to cancel the assignment pattas issued in favour of the unofficial respondents over the said Government land.
2. Learned counsel for the petitioner submits that the petitioner is the owner and possessor of land admeasuring Ac. 13.38 guntas in Sy. No. 669, situated Page 2 of 10 at Kothur Village, Dharmaram Mandal, Peddapally District, and has been cultivating the said land for a long time. The land in Sy. No. 667, which is adjacent to the petitioner's land in Sy. No. 669, is Government land covered with boulders and hill rocks and is not suitable for cultivation. However, pattas were issued by the Government in favour of unofficial respondents Nos. 5 to 7 in respect of Sy. No. 667.
3. He submits that although the Government issued assignment pattas, the same were not approved by the Assignment Committee. Since the petitioner's land is adjacent to the Government land in Sy. No. 667, the unofficial respondents 5 to 7, under a false impression, are making baseless claims over the petitioner's land in Sy. No. 669 and are causing disturbance to his cultivation.
4. He further submits that the petitioner submitted representations to the 3rd and 4th respondents, pursuant to which the 3rd respondent conducted a survey and Page 3 of 10 fixed boundaries. Yet, the unofficial respondents continue to harass the petitioner. The 3rd respondent also lodged a complaint with the Station House Officer, Dharmaram, on 12.04.2016. He contends that the assignment pattas issued in favour of the unofficial respondents are not in accordance with law, as they were not approved by the Assignment Committee.
5. Learned counsel for the petitioner further submits that the Tahsildar, Dharmaram Mandal (3rd respondent herein), based on the instructions of the 4th respondent/Revenue Divisional Officer, Peddapally, dated 02.07.2019, conducted an enquiry and submitted a report stating that Sy. No. 667 of Kothur Village comprises a total extent of Acs. 84.19 guntas of Government land. Out of this, 22 farmers have registered for an extent of Acs. 24.15 guntas. The remaining land, i.e., Acs. 69.15 guntas, consists of hills and large stones, making it unfit for cultivation. Page 4 of 10
6. The 5th respondent, Pullakolla Kanakamma, has registered her name for an extent of Ac. 1.34 guntas under Khata No. 1497, though no file number is available; however, her name is reflected in the Pahani. Similarly, the 6th respondent, Pullakolla Yellaiah, has registered for Ac. 0.20 guntas under Khata No. 1212, and the 7th respondent, Pullakolla Mallaiah, has registered for Ac. 0.30 guntas under Khata No. 1652. However, there is no corresponding registration in the Assignment Committee Register. It is further submitted that respondents 5 to 7 are cultivating only about Ac. 1.00 of land, while the remaining land is rocky and uncultivable. As per the official record, the extent of Acs. 4.04 guntas of Government land is designated as Laoni Patta land, but there is no evidence of approval from the Assignment Committee.
7. He also submits that respondents 5 to 7, under the mistaken belief that a portion of the petitioner's land is Government land, have encroached upon the petitioner's Page 5 of 10 land in Sy. No. 669 and are causing law and order issues.
8. It is further stated that when the Assistant Director, Land Measurements, Karimnagar, was conducting a survey in the presence of the Deputy Inspector of Survey, Peddapally, the Tahsildar, Dharmaram, and the Station House Officer, Dharmaram, the 7th respondent, Pullakolla Mallaiah, consumed insecticide in an attempt to obstruct the official proceedings. Therefore, learned counsel prays that appropriate action be taken to cancel the registrations and issuance of passbooks reflecting the Government land in Sy. No. 667 to an extent of Acs. 4.04 guntas, situated in the suburbs of Kothur Village, Dharmaram Mandal, as Laoni Patta land, especially since the land allotted to the unofficial respondents is not suitable for cultivation.
9. Learned counsel further submits that, based on the report of the 3rd respondent/Tahsildar, the 4th Page 6 of 10 respondent/Revenue Divisional Officer, Peddapalli, vide proceedings No. B2/1502/2019, dated 02.08.2019, submitted a report to the 2nd respondent, requesting cancellation of the Pattadar Passbooks issued to respondents 5 to 7 in respect of land to an extent of Acs. 4.04 guntas in Sy. No. 667, which were obtained in violation of Section 166(1)(b) of the Telangana Land Revenue Act, 1317 Fasli.
10. Smt. T. Swetcha, learned Assistant Government Pleader representing the learned Government Pleader for Revenue, appearing for respondent Nos. 1 to 4, upon instructions, submits that a detailed enquiry was conducted by the 3rd respondent vide proceedings dated 06.07.2019, and the same was forwarded to the 4th respondent. Upon consideration of the report submitted by the 3rd respondent, the 4th respondent, vide proceedings No. B2/1502/2019, dated 02.08.2019, recommended to the 2nd respondent that the land to an extent of Acs. 4.04 guntas in Sy. No. 667, situated at Kothur Village, Dharmaram Mandal, is recorded as Page 7 of 10 Laoni Patta land in the revenue records, and that the pattas were issued without proper verification of the revenue record entries, despite the fact that the land is not cultivable. Accordingly, the 4th respondent recommended cancellation of the Pattadar Passbooks, which were issued in violation of Section 166(1)(b) of the Telangana Land Revenue Act, 1317 Fasli.
11. She further submits that, based on the pattas granted in favour of the unofficial respondents, they are creating disturbance and interference in the petitioner's land. When the 3rd respondent, Assistant Director, Survey and Records, Karimnagar, was measuring and fixing boundaries on the ground, in the presence of the Deputy Inspector of Survey, Peddapalli, and the Station House Officer, Dharmaram, the 7th respondent created hurdles in the official proceedings, and a complaint was lodged against him on 12.04.2016 with the SHO, Dharmaram Mandal.
Page 8 of 10
12. She also submits that, based on the report of the 3rd respondent, the 4th respondent submitted the matter to the 2nd respondent, and the same is currently pending with the 2nd respondent for further action.
13. On the other hand, learned counsel appearing for unofficial respondents 5 to 7 submits that respondents 5 to 7 are in possession and enjoyment of the land recorded in their favour in the revenue records, and that they have been issued Pattadar Passbooks and title deeds. He further submits that the non-approval of the assignment by the Assignment Committee is of no consequence.
14. He submits that the allegation of interference by the unofficial respondents with respect to the petitioner's land in Sy. No. 669 is false and incorrect, and that the unofficial respondents have never obstructed the duties of the official respondents while conducting the survey. He therefore seeks dismissal of the writ petition Page 9 of 10
15. Having heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Revenue, and the learned counsel appearing on behalf of unofficial respondents 5 to 7, and upon perusal of the material placed on record, this Court observes that the 3rd respondent, vide letter No. B/1463/2019, dated 06.07.2019, submitted a report to the 4th respondent,, who in turn forwarded the same to the 2nd respondent vide proceedings No.B2/1502/2019, dated 02.08.2019 and the matter is still pending without any further action by the 2nd respondent.
16. In view of the same, this Court deems it appropriate to direct the 2nd respondent to cause an enquiry into the matter by issuing notices to the petitioner, unofficial respondents 5 to 7, and all other concerned parties, and to pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order. Page 10 of 10
17. Till such time, both parties are directed to maintain status quo obtaining as on the date of this order
18. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed.
____________________ E.V.VENUGOPAL, J Dated : 02-09-2025 KVS