High Court · 2025
Case Details
Acts & Sections
Petition under Article 226 o'f the Constitution of lndia iraying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of lVlandamus declaring the aclion of the respondent No.2 to 3 in not mutating the names of the petitioners in the revenue records with regard to the land in Sy.No.165 to an extent of Ac.3.08 gts situated at D.Repaka Village, Mothkur lvlandal,Yadadri Bhongir District as illegal, arbitrary and in violation of Article 300-4 of the Constitution of lndia and consequently direct the respondent No.2 to 3 to mutate the names of the petitioners in the revenue records with regard to the land in Sy.No.165 to an extent of Ac.3.0B gts situated at D.Repaka Village, Mothkur lVandal, Yadadri Bhongir District. 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 issue directions to the respondents to maintain status quo on the schedule land of the society without any further alienation or mutation as the case may be till the elected body was constituted and handed over the properties to the 4th respondent society in terms of rule 22 of TCs Act, 1964, pending disposal of the above writ petition. Counset for the Petitioners: SRI T.KISTAIAH Counsel for the Respondent Nos.1 TO 3: GP FOR REVENUE Counset for the Re,spondent No.4: -- The Court made th,-'following: ORDER ,-) HON'BLE SRI JUSTICE C.V. BHASKAR REDDY ORDER WRIT PETITION No. 1O85 of 20.25 It is stated that the father of the petitioners by name Golusula Balanarsaiah is the owner and possessor of the agricultural land admeasuring Acs.3.08 guntas in Sy.No.165 situated at D.Repaka Village, Mothukur Mandal, yadadri-Bhongir District. It is further stated that the respondent authorities have mutated the name of the father of the petitioners in the revenue records and also issued pattadar passbook No.5349O8 uide patta No.354 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 7971(for short "the ROR Act, 1971,,) and the Rules made thereunder. It is further stated that after the death of their father, the petitioners have succeeded to the said a i property and after obtaining the dea'th certificate of their father, they have approached the respondent authorities for sanction of Pouthi Izafa and consequential mutation of their names and also issuance of pattadar pass book under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O (for short "the Act 9 of 2O2A\. The grievance of the petitioners is that the respondent authorities are not considering their case, hence, this writ petition. 'l CVBR, J Wp_I085 202s
2. Considered the submissions of the learned counsel for the petitioners ald Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos'1 to 3 and with their consent, this writ petition is disposed at the admission stage' In view of the nature of relief sought for in this writ petition, .issuance of notice to the unofficial respondent is dispensed with' 3. Learnecl counsel for the petitioners has submitted that since the respondent authorities are not granting succession/ Pouthi Izafa, tLle petitioners are not in a position to receive various incentives and investment subsidies sanctioned by the Government from time to time. 4. Learned Assistant Government Pleader for Revenue appearing for rcspondent Nos.l to 3 has submitted that the petitioners have not submitted online application in appropriate module of Dl-rarani Web Portal duiy enclosing all the documents and if such an application is submitted and the said application fulfils alt the rcquirements of the provisions of the Act 9 of 2O2O and the circttlar instructions issued by CCLA uide circular No. 1 of 2021, d,ated l5.Ol.2o2l and Circular No. 1 of 2024 , dated 2a.O2.2O24, the respondent authorities would take appropriate action of granting succession / Pouthi Izafa and consequential *rt-ut"tio., afft["^bsuance of pattadar pass book in their favour. I I I ; I 3 CVBR, J Wp 1085 2025
5. In view of the above submissions, this Court deems it appropriate to dispose of the writ petition, permitting the petitioners to make online application in appropriate module of Dharani Portal seeking to grant Pouthi Izafa/ Succession, duly enciosing the joint family consensus settlement deed among the family members. If all the family members of the petitioners have submitted a joint consensus settlement deed, respondent No.3, who is the competent authority for amendment/ change of the reeord of rights, is directed to consider the same and pass appropriate orders foi granting Pouthi Izafa and also mutation of the names of the petitioners after issuing notice to all the persons interested and effected by the orders of granting mutation and succession, within a period of eight (08) weeks from the date of submission of such application by the. petitioners.
6. With the above observations, this Writ Petition is disposed of. There shall Lre no order as to costs. 7 . As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY' SD/.V.KAVITHA ASSISTANT REGISTRAR () CTION OFFICER
1. The Principal Secretary, Revenue Department, Dr.B.R. Ambedkar Telangana Secretariat, Saifabad, Hyderabad, Telangana State.
2. The District Collector, Yadadri Bhongir District Telangana State 3. The Tahsildar, Addaguru [r/andal, Yadadri Bhongir District Telangana State 4. One CC to SRI T.KISTAIAH, Advocate [OPUC] 5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies To 6 PSK. GJP HIGH COUR'T DATED:1 010112025 I ORDER WP.No.1085 of 2025 t:"'?:. - l itj sTa t i 1o uri 2p5 C :l Dro.. DISPOSING OF THE WRIT PETITION WITHOUT CICSTS I