The High Court · 2025

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 appropriate Writ or Direction more particularly in the nature of writ of Mandamus declaring the order vide Rc No. Dharani No. 24000455615 dated 20.11.2024 passed by Respondent No. 2 i.e. District collector, Khammam ' District rejecting the Application of the Petitioner to mutate Agriculture land Ac. 1.10 Gts in Sy, No. 150 A, Ac. 1.09 Gts in Sy.No. 150/AA and Ac.0.17 Gts in Sy.No. 'l 51 total extent of Ac.2.36 Gts situated at Gannavarah Vittage, Wyra Mandal, Khammam District in his name, as lllegal, Arbitrary and contrary to the provisions of The Telangana Rights in Land and Pattadar Pass Books Acl,2020 and consequently direct the Respondent No. 2 i.e. District collector, Khammam District to grant Succession to the Petitioner in respect of Ac. 1.10 Gts in sy. No. 150 A, Ac. 1.09 Gts in Sy.No. 150/AA and Ac.0.17 Gts in Sy.No. 151 total Ac. 2.36 Gts situated at Gannavaram Village, Wyra Mandal, Khammam 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 direct the Respondent No. No. 2 herein i.e. District Collector, Khammam District to consider the Petitioner's Application dated 27.06.2024 for grant succession in his favour in respect of Ac. 1.10 Gts in Sy. No. 150 A, Ac. 1.09 Gts in Sy.No. 150/AA and Ac.0.17 Gts in Sy.No. 151 total Ac.2.36 Gts situated at Gannavaram Village, Wyra Mandat, Khammam District, pending disposal of the Writ Petition Counsel for the Petitioner: SRl. E. SREENIVASA RAO Gounset for the Respondent Nos. 1to4: SRI L. RAVINDER, AGP FOR REVENUE Counsel for the Respondent Nos. 5&6: SRI SANTOSH RAVI KUMAR REP SRI KADAR PRABHAKAR RAO The Gourt made the following: ORDER i D ') IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.1 458 of 2O2S Date: 1O.12.2O25 Between: Maddali Subba Rao And Petitioner The State of Telangana, rep. by itb Principal Secretary, Revenue Department, Secretariat Buildings, Saifabad, Hyderabad and five others ORDER: ..Respondents This writ Petition is filed praying this court to declare the order, dated 20.r1.2024 passed by respondent No.2 in Rc-Dharani No.24oo0455615 in rejecting the petitioner,s application 'to mutate the agricultural land admeasuring Ac.1.1O guntas in Sy.NO.15O-A; Ac.1.-09 guntas in Sy.No.150/AA and Ac.O.17 guntas in Sy.No.151, situated at Gannavaram Village, Wyra Mandal, Khammam District (hereinafter referred to as "the subject land") in his name, as illegal, arbitrary and contrary to the provisions of the a 2 EVV, J Wp_1458_2025 Telangana Rights in Land and Pattadar Passbooks Act, 2O2O and consequently, prayed for other appropriate reliefs. 2- Heard Sri E.Sreenivasa. rao, learned counsel for the petitioner, Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the oflicial respondents and Sri Santosh Ravi Kumar, learned counsel representing Sri Kadar Prabhakar Rao, learned counsel for respondent Nos.S and 6 and with their consent, this Writ Petition is being taken up for disposal at the admission stage.

3. Learned counsel for the petitioner would submit that the petitioner's mother by name Maddali Savithramma was the owner and possessor of the subject land and her name was mutated in all the revenue records and pattadar passbook bearing No.T262OOL7O464 was also issued in her favour. Learned counsel for the petitioner would further submit that, when some wrong entries were made in respect of the land admeasuring Ac.O. 17 guntas in Sy.No. 15 1, the petitioner's I mother filed R.O.R.Appeal No.A3/1O15 of 2018 before the Sub- Collector, Khammam for correction and an order, dated 12.IO.2O19 was passed dlrecting respondent No-3 to make neqlSary entries in revenue records duly considering the field .a' ' ,t-\ 3 EW, J Wp_1458 2025 possession and Court orders, if any, over the said property. Therefore, as the petitioner's mother was the absolute owner and possessor of the subject land including the land admeasuring Ac.0.17 guntas in Sy.No.151, she had executed a Will Deed, dated 09.O9.2017 bequeathing the land admeasuring Acs.2.29 guntas in Sy.No.150 and Ac.O.17 guntas in Sy.No.151. The petitioner's mother died on 04.05.2019 and by virtue of the said Will Deed, the petitioner became the absolute owner and he has been enjoying the said property. Learned counsel for the petitioner would further submit that, after the death of his mother, the petitioner made an application, dated 27.06.2024 before respondent No.3 to grant succession in his favour by paying necessary charges i.e., Rs.6,4851- by way of challan and a slot was booked on 06.08.2024 to submit required documents. Accordingly, the petitioner appeared before respondent No.3 and submitted necessary documents including the Will Deed executed by his mother and after conducting enquiry, respondent No.3 issued a memo, dated t2.O8.2O24 stating that the Joint Agreement and Family Members Declarations were not enclosed by the petitioner and therefore, succession cannot be granted. Aggrieved by the same, the petitioner filed W.P.No.2S101 of 2024 before this Court and this :IJv$i-ia --li-tEtsGs" 4 r.) EW, J Wp_1458_2025 Court, by an order, dated 13.09.2024, disposed of the said writ petition. The operative portion of the said order reads as under:- "In the light of the aforesaid discussion, this writ petition is disposed of, directing respondent No.2 to consider the online application bearing No. 2400455615 dated 06.08.2024 submitted by the petitioner with a request to issue succession proceedings, mutate his name in the Dharani Web Portal and issue E-pattadar pass books and title deed and pass appropriate orders, strictly in accordance with law by putting the petitioner and all interested parties on notice and affording them an opportunity. Respondent No.2 shall pass a reasoned order without reference to the Memo dated 12.08.2024 and communicate copy of the said order to the petitioner. He shall complete the entire exercise within a period of eight (8) weeks from the date .of receipt'of a copy of this.order." 4- Learned counsel for the petitioner would further submit t that, in compliance with the above order, respondent No.2 had issued a notice, dated 18.LO.2O24 directing the petitioner to appear before him on 26.Lo.2o24 for hearing. The petitioner had appeared on the said date and had submitted the necessary documents. The grievance of the petitioner is that, without / / 0 I 5 EW, J Wp_1458_2025 considering the documents produced by him, respondent No.2 had erroneously rejected his application. Hence, learned counsel for the petitioner prays this Court to allow this writ petition. Learned Assistant Government Pleader for Revenue would

5. submit that the family members of the petitioner have submitted objections and so, respondent No.2 has rightly rejected the succession application.

6. At this stage, learned counsel for the petitioner would fairly submit that the subject matter has to be adjudicated by the civil Court upon filing necessary application for grant of succession. Hence, he prayed to relegate the parties to the civil Court to work out their remedies. Learned Assistant Government Pleader for Revenue and

7. learned counsel appearing for the unofficial respondents reported no objection for the same.

8. Recording the aioresaid submissions, this Court, without making any observations on the merits and demerits of the case, dispose of this writ petition relegating the parties to this i' ii\I I / I 6 n EW, J Wp_1458_2025 Writ Petition to approach the competent civil Court to work out their remedies as available under law.

9. Accordingly, this Writ Petition is disposed of. There sirail be no order as to costs. Miscellaneous petitions, if any pending in this Writ Petition, shall stand closed. SD/.P. PONNA KRISHNA ASSISTANT /TRUE COPY// N OFFICER The Principal Secretary, Revenue Department, Secretariat Buildings, Saifabad, T.S., Hyderabad. The District Collector, Khammam District, Khammam. Tahsildar and Jt. Sub Registrar, Wyra [Vlandal, Khammam District Revenue Divisional Officer, Khammam Division, Khammam District One CC to SRl. E SREENIVASA RAO Advocate Two CCs to GP FOR REVENUE ,High Court for Hyderabad [OUT] loPUCl the State of Telangana at

7. One CC to SRl. KADAR PRABHKAR RAO, Advocate [OPUC] 8. Two CD Copies I a. \\ I To, 1

2. 3. 4. 5. 6. ,*M f HIGH GOURT DATED:1011212025 HE SIa 1 ( \J() 0 B ji\ti ?t?[ t ORDER WP.No.1458 of 2025 DISPOSING OF THE WRIT WITHOUT COSTS PETITION t