.

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD
W.P.No. OF 2023
LIST OF EVENTS
ANNEXURE – I

Sl. Date Description of the Events Para Page No.

No No. in
in Affidavit
Affid
avit
1 1996 Respondent State by ordering the 2nd 2 &3
21/06/1998 Respondent had acquired a private patta
land to an extent of Ac.1-03 Gts situated
in Sy.No.152 of Peerzadiguda Village,
belonging to one Mr. Mamindla
Bikshapathi, for the purpose of'
allocating it as a graveyard to SC/ST
community and allotted alternative
Government land to an extent of Ac.1-
00 Gts situated at Sy.No.62 of
Medipally Village. (4th Respondent
herein) by his Lr. No. A/2913/97
informed the 2nd Respondent, Collector,
about such exchange of land, as an
alternative for compensation.

2 1999 4th Respondent exercising his powers 4

10/02/1999 issued in the Janmabandi for the year,
and issued Proceedings No. A/2913/97.

3 24/05/2002 2nd Respondent, vide his letter in 5 & 6

D.0.Lr.No.LC2/ 2559/2002, directed
the-then MRO, Ghatkesar, to handover
the advance possession of the Ac.1-
00Gts of land situated in Sy.No.62 of
Medipally Village to the Pattadar and it
was implemented by conducting
panchnama and possession was taken by
original land lord.
4 05.02.2013 4th Respondent, vide his Lr. N0.
 24/05/2002 B/1028/2012, duly intimated the 2nd 7
Respondent that his orders, had been
implemented by handing over the
advance possession
5 10/08/2016 M. Bikshapati divesting his interest in 9
my favor was intimated to the 4 th
Respondent by duly deposing a sworn
statement before the 4th Respondent
along with his family members/legal
heirs. The said 4th Respondent had taken
cognizance of the said fact, which can be
discerned from the Letter written by him
to the 3rd Respondent (RDO) requesting
the 3rd Respondent to consider my
request of recording my name as
pattadar in regard to the alternative land
allotted by the Government in Sy.No.62
of Medipally Village.

6 14/02/2020 Petitioner made a representation to the

14/09/2020 4th Respondent considering the same he
forwarded the same to 2nd Respondent
by admitting my legal possession. 3rd
Respondent in response to the said
request of the 4th Respondent, had
instructed the 4th Respondent to update
the revenue records, as per the ROR
from time to time but the 4 th Respondent
did not followed the same till date.

ANNEXURE – II
Under Article 226 of Constitution of India and Telangana Rights Pattadar Passbooks
Act -2020
Hyderabad
Date: .1.2023 Counsel for the petitioner
 HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
W.P.No. OF 2023
CHRONOLOGICAL / RUNNING INDEX

Sl. Exhibi Description of Document Date of Date of Page

No. t Document filing of No.
Document
1. Service Certificate .11.2022 .8.2022 1
2. Court fee -do- -do- 2
3. Writ Petition -do- -do- 3
4. Annexure -do- -do-  
5. Affidavit -do- -do-  
6. Verification -do- -do-  
7. P1 Copy of the Proceedings issued by 21.06.1998 -do-  
the 4th Respondent to 2nd Respondent
along with the Neat Copy.
8. P2 Copy of Order passed by the 4th 10.02.1999 -do-  
Respondent along with neat copy
9. P3 Copy of order passed by the 2nd 29.3.2022 -do-  
Respondent.
10. P4 Copy of Letter passed by the 2nd 20.12.2012 -do-
Respondent to 4th Respondent
11 P5 Copy of Panchanama along with 18.01.2013
Translation
12. P6 Copy of letter issued by the 4th _-.02.2013
Respondent to 2nd Respondent
13. P7 Copy of Letter issued by 4th 10.08.2016
Respondent to 3rd Respondent
14. P8 Copy of Letter issued by 4th 06.08.2020
Respondent to 3rd Respondent
15. P9 Copy of Letter issued by 3rd 14.09.2020
Respondent to 4th Respondent
16. P10 Representation of the Petitioner 03.06.2021

16 Vakalath -do-

17. Respondents Addresses -do-

 
HYDERABAD
DATE: .01.2023 Counsel for the Petitioner
 IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD

W. P. NO. OF 2023
Between :
Bodige Ramdas Goud, S/o Lakshmaiah,
Aged about 70 years, Occ: Social Service,
R/o.I1. No. 2-100, Parvathapur
Gandhinagar, Peerzadiguda Municipal Corporation,
Medipally Mandal, Medchal - Malkajgiri District.
..Petitioner
AND

1. The State of Telangana,

Represented by its Prl. Secretary,
Revenue Department,
Office at BRKR Bhavan, Hyderabad.

2. The District Collector,

Medchal-Malkajgiri District.

3. The Revenue Divisional Officer,

Keesara Division,
Medchal-Malkajgiri District.

4. The Tahsildar,
Medipally Mandal,
Medchal-Malkajgiri Dist.
...Respondents
AFFIDAVIT

I, B. Ramdas Goud S/o Lakshmaiah, aged about 70 years, Occupation:

Social Service, R/o. H.No.2-100, Parvathapur, Gandhinagar, Peerzadiguda Municipal
Corporation, Medipally Mandal, Medehal-Malkajgiri District, do hereby sincerely and
solemnly affirm on oath and state as follows:

1. I am the deponent herein and I am well acquainted with the facts of the
present case.

2. I humbly submit that, the Respondent State had acquired a private patta land to
an extent of Ac.1-03 Gts situated in Sy.No.152 of Peerzadiguda Village,
belonging to one Mr. Mamindla Bikshapathi, for the purpose of' allocating it as
 a graveyard to SC/ST community of Parvathi Village. I submit that, the
Respondent State Government neither paid any compensation to the erstwhile
pattadar, Mr. Mamidla Bikshapathi, nor initiated any land acquisition
proceedings, but convinced the said
pattadar, to accept an alternative Government land to an extent of Ac.1-00 Gts
situated at Sy.No.62 of Medipally Village, way back in the year 1996.

3. I further humbly submit that, the-then "MRO, Ghatkesar" (4th Respondent

herein) vide, his Lr. No. A/2913/97, Dt.21/06/1998, informed the 2 nd
Respondent, Collector, about such exchange of land, as an alternative for
compensation. From the contents of the said letter, it is evident that the
acquisition of the land admeasuring Ac.1-03 Gts situated in Sy.No.l52 of
Peerzadiguda Village, emanated from the decision of the-then "Minister for
Revenue, State of Andhra Pradesh",
who instructed the District Collector (2 nd Respondent) to initiate such
proceedings, to oblige the request of citizens of the SC/ST community of
Parvathapuram Village and the 2nd Respondent in-turn instructed the 4th
Respondent to allot the said land for the purpose of graveyard. The Copy of his
document is filed as Exhibit P1.

4 I further humbly submit that, the 4th Respondent exercising his powers under
"Rule 16" of the "Land Revenue Rules, 1951", immediately converted the patta
land in Sy.No.152 of Peerzadiguda Village as Khareez'" in favor of the State
Government and accordingly "Form C" under "Rule 16" was issued in the
Janmabandi for the year 1999, vide Proceedings No. A/2913/97, Dt.10/02/1999
issued by the 4th Respondent. The copy of the said document is filed as Exhibit
P2.

5. I further humbly submit that, the 2 nd Respondent, vide his letter in

D.0.Lr.No.LC2/ 2559/2002, Dt.24/05/2002, directed the-then MRO, Ghatkesar,
to handover the advance possession of the Ac.1-00Gts of land situated in
 Sy.No.62 of Medipally Village to the Pattadar. The said D.O. letter of the 2 nd
Respondent is filed as Exhibit P3 for the kind perusal of this Hon'ble Court.

6. I further humbly submit that the direction of the 2nd Respondent to handover the
advance possession to the pattadar was duly implemented by the 4th Respondent
vide. Lr.No. LC 2/2559/2002 Dt.20/12/2012, by conducting a "panchanama" on
18/01/2013. Accordingly, the possession of the said land was taken over by
Late Mamindla Bikshapati. The 4th Respondent's proceeding and the
accompanied Panchnama, are filed as Exhibit P4 & P5 for the perusal of this
Hon'ble Court.

7. I further humbly submit that, the 4th Respondent, vide his Lr. N0. B/1028/2012,
Dt.05/ 02/2013, duly intimated the 2nd Respondent that his orders
Dt.24/05/2002, had been implemented by handing over the advance possession.
The Copy of this document is filed as Exhibit P6.

8. I further humbly submit that, even though the entire proceedings are being
conducted in the name of Late M. Bikshapati, who divested his interest in the
said land for a valuable consideration my favor, gives me the locus to file the
present writ petition and to seek reliefs.

9. 1 further humbly submit that, the factum of M. Bikshapati divesting his interest
in my favor was intimated to the 4 th Respondent by duly deposing a sworn
statement before the 4th Respondent along with his family members/legal heirs.
The said 4th Respondent had taken cognizance of the said fact, which can be
discerned from the Letter written by him to the 3 rd Respondent (RDO) on
10/08/2016, vide Lr.No.B/1440/1998. In this letter the 4th Respondent requested
the 3rd Respondent to consider my request of recording my name as pattadar in
regard to the alternative land allotted by the Government in Sy.No.62 of
Medipally Village. The said letter of the 4th Respondent is filed as Exhibit P7
for the perusal of this Hon'ble Court.
10. I further humbly submit that, at the instance of my representation
Dt.14/02/2020, the 4th Respondent once again wrote a letter to the 3 rd
Respondent duly marking a copy to the 2nd Respondent narrating the entire facts
of the case right from 1999 to 2020. In this letter the 4 th Respondent
categorically admitted my legal possession and enjoyment in so far as Ac.1-00
Gts situated at Sy.No.62 of Medipally Village is
concerned and requested the 3rd Respondent to update the revenue records in
my name. The said document is filed as Exhibit P8 for kind perusal of this
Hon'ble Court.

11. I further humbly submit that, the 3rd Respondent in response to the said request
of the 4th Respondent, had instructed the 4th Respondent to update the revenue
records, as per the ROR from time to time, and the relevant G.0's / instructions,
the LRUP (Land Records Updation Programme) guidelines and latest
instructions, if any, from the Government, vide his letter No. D/2263/2020,
Dt.14/09/2020. The
same is filed as Exhibit P9, for the kind perusal of this Hon'ble Court. But till
today, the 4th Respondent neither updated the revenue records nor issued the
Rythu Bandhu Passbook under the "Dharani Policy, aggrieved whereby, I am
constrained to file the present writ petition.

12. And now, since recently, the Respondents have become unresponsive to all my
requests and despite my absolute right, title and possession in respect of Ac.1-
00Gts of land in Sy.No.62 of Medipally Village, they are trying to dispossess
me from my land for reasons best known to them, earlier I filed W.P.No.17981
of 2021 which was withdrawn for non-filing of relevant documents. Since then,
I made several requests before the Respondents but went in vain. Constrained
whereby, I am filing the present writ petition.

13. In the circumstances stated herein above, the petitioner has no other ellicacious
alternative remedy, except to approach this Hon'ble Court, under Article 226 of
the Constitution of India. The petitioner has not filed any other writ petition,
 suit or other proceedings, for the relief or reliefs which are being sought for in
the present writ petition.

14. In the light of the above facts, it is most humbly prayed that this Hon'ble Court
may be pleased to issue a Writ, Order, or direction more particularly one in the
nature of Writ of Mandamus- .

i. Declaring the inaction of the Respondents in not updating the revenue

records by recording the name of the writ petitioner and issuing
Pattadar Passbook cum Title Deed in respect of land admeasuring
Ac.1-00Gts in Sy.No.62 of Medipally Village, Medchal-Malkajgiri
District, as illegal, arbitrary and unjust.

ii. To direct the Respondents to issue Record of Rights in favour of the

Writ Petitioner in accordance with the provisions of "The Telangana
Rights in Land and Pattadar Pass Books Act, 2020' in respect of the
land admeasuring Ac.1-00Gts in Sy.No.62 of Medipally Village,
Medchal-Malkajgiri District, and consequentially direct the
Respondents, to update the Revenue Records, by incorporating the
writ petitioner's name in both the Pattadar column and Possessor
column of the Adangal/ Pahani and Dharani Portal, in respect of the
land admeasuring Ac.1-00Gts in Sy.No.62 of Medipally Village,
Medchal-Malkajgiri District, in the interest of justice.

iii. To pass such other order(s) as this Hon'ble Court may deem fit and
proper in the circumstances of the case.

15. It is further humbly prayed that, pending disposal of the main Writ Petition, this
Hon'ble Court maybe pleased to restrain the Respondents from dispossessing
the Writ Petitioner from his land admeasuring Ac.1- 0OGts in Sy.No.62 of
Medipally Village, Medchal-Malkajgiri District, which is allotted to him by the
Respondents in exchange of patta land admeasuring to Ac.1-03Gts in
Sy.No.152 of Peerzadiguda Village, Medchal-Malkajgiri Distriet, vide
Panchanama" Dt. 18/01/2013, in the interest of Justice, and to pass any other
 order (s) as this Hon'ble Court may deem fit and proper in the circumstances of
the case.

16. It is further humbly prayed that, pending disposal of the main Writ Petition, this
Hon'ble Court may be pleased to direct the Respondents 1o consider and
dispose-of the representation of the Writ Petitioner in regard to the pendency of
updating the revenue records and issuing the Pattadar Passbook cum Title
Deed, in respect of the land admeasuring Ac.1-00Gts in Sy.No.62 of Medipally
Village, Medchal-Malkajgiri District, in the interest of Justice, and to pass any
other order (s) as this Hon'ble Court may deem fit and proper in the
circumstances of the case.

Sworn and signed before me,

On this 31st day, January 2023, at Hyderabad Deponent

ADVOCATE/HYDERABAD

VERIFICATION

1, B. Ramdas, S/o Lakshmaiah, aged about 70 years, Occupation: Social

Peerzadiguda Service, R/o. H.No.2-100, Parvathapur, Gandhinagar, Peerzadiguda
Gandhinagar, Municipal Corporation, Medipally Mandal, Medchal-Malkajgiri
District; do hereby verify and state that the contents stated in the above para Nos. I to
__
are true and correct to the best of my knowledge and para Nos. ___ to __ are
verified on legal advice, hence verified on this 31st day of January 2023 at
Hyderabad
Counsel for the Petitioner Deponent