Aftaab Younis Sultan v. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, writ or direction more in the nature of a mandamus- a) Declaring the inaction of the respondents 2 to 4 in not uploading the land of the petitioner in the Dharani Website Portal and not issuing Pattedar Passbooks and title deeds in respect of land admeasuring Ac 2B-15, pertaining to Sy.No.253/1/E to an extent of Ac 3-13 gts, Sy.NO. 253l1EE to an extent ot ac 6-27 gts, Sy.NO. 253t1llJ to an extent of Ac3-13gts, Sy, NO. 229lAA to an extent of Ac4-18 Gts, Sy.NO. 2361N2 to an extent of Ac 5-29 Gts, Sy.No.227lAa to an extent of Ac4- 3Ssituated at Gopalapeta Village, Thalladamandal, Khammam district claimed by the petitioner under a HIBA dated 2210612020 inspite of uploading the required documents of title and payments made on 611112024 for the said purpose as being arbitrary, illegal, non-exercise of jurisdiction vested under law' contrary to the judicial pronouncements of the Honble Supreme Court in respect of HIBA and being violative of Article 14,21 and 3oo-A of the Constitution of lndia b) lssue a direction to the respondents to upload the land details of the petitioner in respect of the above mentioned lands and issue pattedar paas books and title deeds in favour of the petitioner aS per the prevailing law, in the interests of justice and pass such other and further order or orders as deemed fit and proper in the facts and circumstances of the case. c) Award costs of the writ petition, d) Pass lA NO: 1 OF 2025 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents to forthwith allot the date and time for uploading the land details of petitioner in pursuance to the payments made on o6t1112O24 for the purpose of issuing pattedar pass book and title deeds pending the writ petition in the interests of justice and equity. Counsel forthe Petitioner: SRI A. P. VENUGOPAL Counsel for the Respondents: SRI L. RAVINDER AGP FOR REVENUE The Court made the following: ORDER , ''1 HON'BLE SRI JUSTICE C.V. BI{ASKAR REDDY WRIT PETITION No.6 1O of2025 ORDER It is stated that the petitioner is the owner and possessor of the various extents of agricultural lands forming part of various survey numbers, situated at Gopalpeta Village, Thallada Mandal, Khammam District. It is further stated that the paternal uncle ol the petitioner has purchased the subject property under various registrations and his name is also mutated in the revenue records as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 and the Rules made thereunder. It is the specific case of the petitioner that his paternal uncle executed a HIBA (Gift), dated

22.06.2020 in favour of the petitioner. It is further stated that as per the Muslim Personal Law oral Hiba or written Hiba or registered Hiba are permissible for transfer of the property by way of gift. It is further stated that since the name of the paternal uncle of the petitioner by name M.F. Baig was recorded as pattadar in Dharani Portal and since there is no disputes among the family members of late M.F.Baig (paternal uncle of the petitioner), basing on the said Hiba, the petitioner has made an application seeking lor mutation of the subject property and issuance of pattadar passbook as per the \consequential \ l I t I 1 CVBR, J wp 610 2025 provisions of the Telangana Rights ir-r Land and Pattadar Passbooks Act, 2O2O (for short 'the Act 9 of 2O2O"l. The grievance of thc petitioner is that even aftcr receiving the said application, thc respondent authorities itre not considering the sa rnc.

2. Considered the submissions of the learned counsel for the petitioner and Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 4 and with their consent, this writ petition is disposed at the admission stage.

3. In vievr,' of the submissions made by the learned counsel for the respective parties, this Court, without expressing any opinion on thc right and entitlement of the petitioner for mutation of the subject property and since it is the case of the petitioner that he has macle an application, duly enclosing all necessary docume nts including the Hiba, is of the opinion that the ends of justice would be met if the application submitted by the petitioner fulfils all the requirements of the Act 9 of 2O2O and the circular instructions issued by CCLA uide circular No. 1 of 2027, dated 15.01.2021 and Circular No. I of 2024, dated

28.02.2024, thc respondent authorities arc directed to considcr '-/ CVBR, J Wp_610_2025 the same, after issuing notice to all the persons, who are interested and effected, in accordance with law. If the petitioner is otherwise not eligible for mutation of the subject property in the revenue records and consequential issuance of pattadar pass 6ook, the respondent authorities are directed to pass a reasoned order and communicate the same to the petitioner. The respondent authorities shall complete the entire exeriise withiri; a. period of three (O3) months from the date of receipt of a copy of this order.

4. With the above observations, this Writ Petition is disposed of. There shail be no order as to costs.

5. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPYII SD/. A.V.S. PRASAD NT REGISTRAR ASSI \ To, ECTION OFFICER urate oI I etanqana, Hvderabad. I IISII*'fal Secretary Revenue Department, Secretariat Buitdings, The 2. The District collector, Khammam District, The state of rerangana, Terangana 3. The Revenue divisionar officer TailadJrinart,-rinimmam Districi, rne siate' of Telangana, Telanqana State. 4. The Tahsildar cum Dlstrict Regigtrar Tailadamandar, The state of rerangana, _ KhammamDistrict,Telangana"State 5. One CC to Sri A. P. Venu-gopal, Advocate tOpUCl 6. Two CCs to Gp for Revenfid, High Court ioiine State of Telangana, at 7. Two CD Copies \ci- Hyderabad [OUT] JT I I t HIGH COURT DATED:0810112025 ORDER WP.No.610 ot 2025 o$ IHE s r,( r4r 3 ru FEB 2ozs * Sf,ATCflsg it/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS l u*d4 V"-("w