Sudagani Krishna v. 1. The State of Telangana

2. The District Collector, Yadadri Bhongir District, Yadadri Bhongir 3. The Thasildar, Motakondur Mandal, Yadadri Bhongir District 4. Sri S. Laxman Rao, S/o Late Sri Somaiah, Aged 69 years, Occ Agriculture, R/o H.No. 9-226, Ratamshala, Medchal-Malakajgiri District. Respondent No.4 is impleaded as per C.O. dt.25.03.2025 in lA. No.212022 ...RESPONDENTS Petition under Article 226 of lhe 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, order or direction more particularly one in the nature of writ of IVANDAMUS declaring the action of the.3'd respondent herein in not initiating mutation proceedings on my application dated 2611012020 in respect to land admeasuring Ac.1.3B Gts in Sy No.26, 27, 36 and 261 situated at Vartoor village Motakondur [Vlandal, yadadri Bhongir District as being illegal, arbitrary, against the principals of natural justice, fair plea and in violation of Article '1 4 and 16 of the Constitution of lndia lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct 2nd respon(-rent to process the application bearing No. LM2200002794 dated 13-01-2022 and not to change the revenue entries in respect to land admeasuring Ac.1.!t8 Gts in Sy No.26, 27, 36 and 261 situated at Vartoor Village ft/otakondur lVandal, Yadadri Bhongir District WPNO: 3679 OF 201t2 Betwee n: Sudagani Laxnrinarayana, S/o S. Rajaiah, Aged 67 Years, Occ. Agriculture, Rl/o. .H.No.1 62, Vartoor Village fr/otakondur [\,4andal, Yadadri Bhongir District. ...PETITIONER AND BRK Bhavan, T. S.Secretariat, Hyderabad.

1. The State of Telangana, Rep by its Principal Secretary, Revenue Department, 2. The District Colir)ctor, Yadadri Bhongir District, Yadadri Bhongir 3. The Thasildar. lilotakondur Mandal, Yadadri Bhongir District 4. Sri S. Laxman Flao, S/o. Late Sri . Somaiah, Aged about 69 years , Ratamshala Me,:lchal Malkajgiri Distlict. (R4 is impleaded as per C.O. dated 03.07.2025 in lA No. 212022) ...RESPONDENTS Petition under l\rticle 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an altpropriate writ, order or direction more particularly one in ihe nature of writ of i,,tRtlORttlUS declaring the action of the 3'd respondent herein in not initiating nrutation proceedings on my application dated 2711012O2O in respect to land admeasuring Ac.1.36 Gts in Sy No.26, 27, 36 and 261 situated at vartoor Village Moterkondur Mandal, Yadadri Bhongir District as being illegal, arbitrary, againit the principals of natural iustice, fair plea and in violation of Article 14 and 16 of the Constltution of lndia 7 lA NO: 1 OF 2022 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 2nd respondent to pro Bess the application bearing No. Ll\42200002794 daled 1310112022 and not to change the revenue entries in respect to land admeasuring Ac.'1 .36 Gts in Sy No.26, 27, 36 and 261 situated at Vartoor Village Motakondur [VIandal, Yadadri Bhongir District Counsel for the Petitioner in both W.P.'s: SRl. L. HARISH Counsel for the Respondent Nos. 1to3 in both W.P.'s: GP FOR REVENUE Counsel for the Respondent No.4 in both W.P.'s: SRI V.S. SUDHAKAR The Court made the following: COMMON ORDER THE H(:'N'BLE SRI JUSTICE C.V.BHASKAR ]IEDDY U/RIT PETITION NOS.3552 AND 3679 OF '2022 COMMON OIIDER: Since tiLe issues involved in both these u,rit petitions is intrinsically o,-re and the same, they are heard together and being disposed of by this common order

2. W.P.Nrr.ll552 of 2022 is filed seeking the lollou ing reliel ". . ..to issue atr appropiate wi\ order or direction more partrctioriq one it1 the nature of uit of MANDAMUS declaitq the ection of the -J.1 r( st)on(lett herein t not iniliating mutatiorl proceedings ort rny epplicatrri deted 26/ 1O/2O2O itr respect to land admeasuing Ac.l.38 Gls ilt SlJ.Nos.26,27, 36 aruI 261 tituated at Vanoor Village, Motakondur Mandal. \'adadi Bhongv Dstrict as being illegol, arbttrary, agabLst the prircipals ol ttotural justtce .fair plec, and in uiolation of Arlicles 14 atul 16 ot tlte (-otrstn,]ttorL oJ' India-. . .'

3. W.P.No.3b79 of 2022 is filed seeking the following reliet '....to rssue nn ippropriate wiL order or direclion ttore porTi.LtlatLq otte ut the nature oJ w.it of MANDAMIIS declaring the actiotl of tlTe 3"t rcsp"ttieti heretn in tlot otitiating muttJtion proceedings otl mll aPpllcalb dated 27/ 10/ 2o2O in respe.i to lond od*'eo"uing Ac' 1 36 Cils oL SA'Nos ''6' 27' 36 ond 261 sitoied at vafloor vilk7ge, Motakondur Mantlal lodadi shoioir Di"tn"t rrs being rllegal, arbitrarg' a,gairst the pincipols of trutuni l"oirZ t"i, pt.o ,,nd n iiolaion of Articles 14 a,ad 16 of tle Consttu t tiott of htdict...."

4. Considerecl the submissions of the learned counsel for the respective parties and perused the record' The case ol'the petitioner is that his father was l:he owner 5. of land admeasuring Ac.1-38 guntas in Sy'Nos'26, 27, 36 and 2 -r-\ -.,,-ii"-l I 261 situated at Vartoor Village, Motakondur Mandal, Yadadri- Bhongir District, having purchased the same under sada bainama dated 29.07.1956 from its lawful owner, and after demise of his father, he is cultivating the said lands. It is further case of the petitioner that after death of his father, he submitted an application dated 27 -1O.2O2O before the respondent authorities and also submitted online applications through Dharani Portal seeking to issue mutation proceedings in his favour in respect of thc subject property, but no action has been taken by the respondent authorities till date.

6. Sri V.S. Sudhakar, learncd counsel appearing for respondent No.4 submitted that relying upon the sada bainama dated 29.07.1956, the petitioner is claiming patta rights over t1"e subject property, and the said sada bainama is required to be validated under Section 5A of the Telangana Rights in Land and Pattadar Pass Books Act, l97 l (for short 'the Act, 1971J. Learned counsel further submitted that as the petitioner has failed to submit application seeking regularization of sada bainama, he is not entitled for issuance of mutation proceedings in his favour. 3

7. Learnr:d Assistant Government Pleader for Revenue appearing for the respondent Nos. 1 to 3 submittecl that pending consideratior. of the applications of the potitioner, the Government has repealed the Telangana Rights rn Land and Pattadar Pass Books Act,2O2O (for short the Act, 2O2O) and, enacted new q.ct called as "the Telangana Bhu Btrzrrati (Record of Rights in l-,and) Act,2025 (for short "the Bhu Bharati Act"), and if the per itioner submits an application in thr: presc'ribed format in Bhu Bharati Web Portal seeking regulanzation of the sada bainamzr, the respondent authorities would consider the s,tme.

8. [n view' of the above submissions, this Court deems it appropriate to dispose of these writ petitions perrnitting the petitioner tt> make appropriate online application in the prescribed format in Bhu Bharati . Web Portal seeking regularization ,rf the sada bainama. In the event of such application being made by the petitioner and if the same fulfils all the requirements under the provisions of the Telangana Bhu I Bharati (Record of Rights in Land) Act, 2025 (for shorl- "the Bhu Bharati Act") and the Rules made thereunder, the rospondent- authorities shull examine and consider the case ol the petitioner, alter:ssuing notices to all the interested arlcl effected 4 fE- \ \r F --! parties. In any event, if the application of the petitioner does not fullil the requirements under the Bhu Bharati Act and the Rules made thereunder, the respondent-authorities shall pass a reasoned order, in accordance with law and communicate the same to the petitioner. The entire exercise shall be completed within a period of three (O3) months from the date of filing such application.

9. With the above observations, both the writ petitions are disposed of. There shall be no order as to costs. Miscellaneous Petitions, if anv, pending in these writ petitions shail stand closed S T. SRINIVASA REDDY ISTANT REGISTRA ,TRUE COPY' SECTION OFFICER To, \ Hvderabad

1. The Principal Secretary, Revenue Department' B z irie-Oistiict Collector, Yadadri Bhongir District, Yadadri Bhongir 5. tfre ffrasinar, Motakondur Mandal. Yadadri Bhongir District 4. One CC to SRl. L. HARISH, Advocate [OPUC] 5. Two CCs to GP FoR REVENUE ,Hidh Court for the State of Telangana at Bhavan, T.S.Secretariat, Hyderabad [OUTI

6. One CC to SRl. V.S. SUDHAKAR, Advocate [OPUC] BM CJP

7. Two CD Copiesv HIGH COUFIT DATED:0310'712025

1.il1 :; , t-.. 17 0[T ?0fr :,\ + l, :- \i ,1, COMMON ORDER WP.Nos.3552,AND 3679 of 2022 DISPOSING O]: BOTH THE WRIT PETITIONS WITHOUT COS;TS fr0)