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, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of Respondent No.2 and 3 in processing and act upon Petitioners representations dated O511112021 and 0111212021 before the Respondent No.3 and in issuing Pattadar Passbooks in respect of land admeasuring Ac.247.00gts in Sy.No.1098/1/A situated at Narasapur Village of Venkatapur Mandal in Mulugu District (erstwhile Warangal) as arbitrary, unjust and violative of principles of natural justice and violative of Articles 14 and 300-A of the Constitution of lndia. IA 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 the Respondent No.3 to consider the Petitioner's representations dated 05.11.2021 and 01 .122021 and process the same in accordance with law pendinq disposal of [,4arn Writ Petition. Counsel for the Petitioner: SRI S.LAKSHMI KANTH Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITI0N No.6692 ot2022 ORDER: This Writ Petition, '"rnder Article 226 of the Constitution ol [ndia, is filed seefiing the follorving relief: ". . . . [o issue ant appropittte Wit Orrier or Directiort more particularly one in the ncthtre of Wnt of Mandamus declaing the inaction on the part of Respondent Nos.2 atrd 3 irt processing antl dct upon Petitioners representations dated 05/ I I ,/ 2A2 1 ortd 01/ 12,r 202 1 before the Respondent No 3 arul irt issuirLg Pattadar I'assbook-s in respect of lartd adneasuring Ac-s.247.)Ogts irr Sg.lVo. 1O98/ 1/ A situated at Narasapur Villo.ge of Venkatapttr Mandal in M ugtt Distict erstwhile Wctrangal as arbitrary unjust and uiolatiue of pirtciples of natural justice and uiolatiue o_i Arlicles 14 and 3004 of ttre Constitution of India artd pttss...."

2. Heard learned counsel appearing for the petitior-rer ancl learned Assistant Governmerlt Pleader for Revenuc, appearing lor the respondents and J-,crused the record-

3. Learned counsel appearirLg lor the petitioner woulcl submit that that the petitioner herein is an agriculturist and inherited land to an extent of Acs.249.30 guntas lit Sy.No. iO9B/ 1/A, situated at Narsapur Village of Venkatapur l'asc 2 ol 5 - Mandal in N'[ulugu District from his forefathers. After the denrisc of rhc father of thr: petitioner, the name of the pctitiollcr is recorded as pattedelr under Laoni Rules, in the rev('nuc rt:corrls. 'l'l'rough the petitioner's name is reflected in the revcnue rt'r:ords sut:h as pahanis and Adangals, lor the reasons ire st ]<nonn to the respondents, respondent No.3 issued patledar passbooks ir-r the year 2O 1 1 recording the land to an extent of Acs.2..i0 guntas llt Sy.No. 1O9B/ 1/A Srmilarlr'. an extent of Acs.2.l0 guntas in Sy.No.1O99 l40llA and fr:rthr':- in thc 'Nature of Right'column, it is recorded as o\\'ner From then, the pelitic,ncr is in peaceful possession of the \/ast a\ lent

4. Lcar-r-,ccl colrnscl furtht, r submitted that some of the lancl is occupied b-v the encroachers who have no right, interest in anr manner. Under the above circumstances, since, the pctitioner r,l'.rs unsuccessful in making his grievance bcfore respondent Nos.2 and 3 through 'Dharani Portai' rvhi<;h is came into for<:e, the petitioner was compelled to make u,ritten representations dated 05.11.2021 and l'agc 3 ol 5 O1.12.2021 before respondent No.3 for issuance ol pattedar passbooks for his land admcasrrring Acs.247.OO guntas in S-y.No. lO9B/ I /A, situated .lt Narsapur Village as th<: petitioner lvas alread-r' issued tl-rr: p;rttedar passbooks issuecl to an extent of Acs.2.3O gllntas in the said surve,\, number. But the rcspondents did not act upon the saicl reprcsentations of the petitioner, as they do not havc porver to entertain such representations b-ypassing the 'Dharani Porta['. But fact remains that, in Dharani Portal w'hen th<: pctitioncr maclc attcmpts to login, the same u.as nor supporting for his grievance. As such, the petitioner constrained to file the present \^'rit petition

5. Per conlra, learned Assistant Government Plcader lor Rcvcnue appearing for the responcients has subrrritted that Telangana Rights in Lald and Pattadar Passbooks Act,2O2O has been repealed and replaced with Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 and if the petitior.rer submits an application in the prescribed format in BI-rtL Bharati Web Portal and if the saicl application satishes all I'a!:.c { ol'5 - ttre requiremcnts of tl-re said Act and the Rules made ttrereundt'r, the respondent authorities will consider the S:IITIE

6. In tl^e light of the atoresaid discussion, this Writ Pr-'tition is dispost:d of, grant.irrg libertl to the petitioner to make a frcsh application as per the Telangana Bhu Bharati (Flecord ol- Rights in l-anci) t\ct, 2O25, b-v enclosing all the rr:levant (l()curnents to th;-: rcspondent authorities and it is for the rt'srporrden t -alltho.iti,:s to examine the case of the petitioncr mcticulousll o:r t.-re aspect of the claim of the pr:titioner ;rertainir-rg to h,-rge cxtent of land and as to how the petitioner has inheri--ed such property in the light of Land Cciling Acl and uirrrJer relevant provisions of appr-opriirtc la\\'s in eristence and consider the same and pass appropriate orders iu accordance r.vith lavl . If responden ( allthorities arr' n(rt inclined to accept the request made by t he petit ioner. thel' shall pass a reasoned order, communir:ate cop], of the said order to the petitioner and complete the said exercise wittrin a period of 12 weeks from n-, l'.t3r 5 ol 5 the date of receipt of thc applical.ion. There shail be no order 1 AS tO COStS. Miscellancous petitions. il' an,r', pending in this rn,riL petition shall stand closcd. //TRUE COPY' To,

1. The Principal Secretary, Department of Revenu State of Telangana. SD . P.C.SULEKHA STANT RAR ECTION OFFICER cretariat, Hyderabad,

2. The District Collector, [\,1ulugu, lt4ulugu District (Erstwhile Warangal) 3- The Tahsildar, Venkatapur N,4andal, lVlulugu District (Erstwhile Warangal). 4. One.CC to SRI S.LAKSHMI KANTH, Advocate [OPUC] 5. Two C.CS to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

6. Two CD Copies BSR TKS d- HIGH COURT DATED:2410912025 ORDER WP.No.6692 of 2022 t: .i ( + lHE S 2 3 trF 2r2 )r * l,rr.] DISPOSING OF THE WRIT PETITION, WITHOUT COSTS p{ ,r\,-\nr