HavatYounissultan v. 1. The State of Telangana

PetitionUnderArticle226oftheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith' the High Court may be pleasedtoissueanorder,writordirectionmoreinthenatureofamandamus.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. 25311lE to an extent of Ac 3-1 3 gts, Sy No 253/1EE to an extent oI ac 6-27 gts' Sy'No' 253l1tu to an extent of Ac3-13gts, SyNo'229/AA to an extent of Ac4-18 Gts' Sy.No. 236/4/ 2 to an extent of Ac 5-29 Gts' Sy No 22TtAa lo an extent of Ac4- 35situated at Gopalapeta Village, Thalladamandal' Khammam district claimed by the petitioner under a HrBA dated 22-06-2020 inspite of uproading the required I i I J I documents of title and payments madeon 6-11-2024 for the said purpose as being arbitrary, illegal, non-exercise of jurisdiction vested under law, contrary to the judicial pronouncements of the Hon'ble Supreme Court in respect of HIBA and being violative of Article 14,21 and 300-4 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 pass books and title deeds in favour of the petitioner as per the prevailing law, in the interests of justice. |.A.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 06-1 1-2024 for the purpose of issuing pattedar. Counsel for the Petitioner : SRI A.P.VENUGOPAL Counsel forthe Respondents : SRI L.RAVINDER, AGP FOR REVENUE The Court at the stage of admission made the following ORDER ./ - HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITIO N No.63O of2O25 ORDER: It is stated that the petitioner is the owner and possessor of the various extents of agricultural lands torming part ol various survey numbers, situated at Gopalpeta Viilage, Thallada Mandal, Khammam District' It is further stated that the paternal uncle of 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 S/o' Mirza Sardar Baig was recorded as pattadar in Dharani Portal and since there is no disputes among the family members of ' M.F.Baig (paternal uncle of the petitioner), basing on the said Hiba, the petitioner has made an application seeking for mutation of the subject property and consequential issuance of 2 CVBR. J wp 630_2025 pattaclar passbook as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short "the Act 9 of 2O2O"l. The grievance of the petitioner is thzrt even after receiving the said application, the respondent authorities are not considering the same.

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

3. In vieu, of the submissions made by the learned counsel for the respcctive parties, this Court, without expressing any opinion on the right and entitlement of the petitioncr for mutation of t he subject property and since it is the case of the petitioner tl-rat he has made an application, duly enclosing all necessary documents including the Hiba, is of the opinion that the encls of .jtrstice would be met if the application submitted by the petitioncr- fulfils all the requirements of the Acl 9 ol 2O2O and the circular instructions issued by CCLA uide circular No' 1 of 2021, dated 15.01.202I and Circular No.1 of 2024, dated

28.02.2024, thc rcspondent authorities are directed to consider 7 C'VBIT, J wp 6.10 2025 the same, after issuing notice to all the persons, u,ho are interested and effected, in accordance with lar,r,. Il the petitioner is otherwise not eligible for mutation of thc subject property in the revenue records and consequential issuernce of pattadar pass book, the respondent authorities are directed to pass a reasoned order and communicate the same to the petitioner. The respondent authorities shall complete the entire exercise within a period of three (O3) months from the date of . :".. receipt of a c6py bf this order.

4.' ' With the above observations, this Writ petition is disposed of. There shall be no order as to costs.

5. As a sequel, the miscellaneous petitions pcnding, il ernv, shall stand gloqe!. //TRUE COPY// SDI T.TIRUMALA DEVI REGISTRAR ASSIS I CTION OFFICER Telangana. Telangana at HYderabad. Telangana at Telangana State'

1. The Principal Secretary, Revenue Department' Secretariat Buildings' State of z. fne Olsirict ColLctor, Khammam District, State of Telangana at Hyderabad 3. The Revenue Divisional Officer, Talladamandal' Khammam District State of +. ffre f"afrsifOar Cum bistiict Registrar, Talladamandal' Khammam District' S. i*o CC" to G:p FOR REVE-NUE ,High Court for the State of Telangana. 6. b; ic to sRtA.P.vENUGoPAL, Advocate [oPUC] 7. Two CD CoPies State of Telangana at Telangana State' \ To Aq HIGH COURT DATED:0810112025 ORDER WP.No.630 of 2025 I EH'I S 14 o( o 1{. FIB M t o * TCHe0 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. -?)d W