The High Court · 2025

Petition Under Article 226 of the Cons tution of lndia praying that in the circumstances stated rn the affidavit filed t erewith, the High Court may be pleased to issue a Writ, Order or direction mo e particularly one in the nature of WRIT OF MANDAMUS or any other order o Writ declaring the action of the I possession and enjoyment of the respondents no.3 in interfering with the peacef t of Ac. 02.00 Gts in Sy No 97, petitioners Patta land admeasuring to an ext situated at Naganpally Village, Bodhan Man al, Nizambad District as illegat, of the constitution of lndia and arbitrary and violation of Art 14, 21 and 300 consequently direct the respondents no 3 n t to interfere with the peaceful possession and enjoyment of the petitioners patta rand admeasuring to an extent of Ac. 02.00 Gts in Sy.No.97, situated at Naganpally Viltage, Bodhan Mandat, Nizambad District. l.A.NO:1 OF 2024 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired rn support of the petition, the High court may be preased to direct the respondents no 3 not to interfere with the peacefur possession and enjoyment of the petitioners patta rand admeasuring to an extent of Ac. 02.00 Gts in Sy No: 97, situated Naganpaily Viilage, Bodhan Mandar, Nizambad District, pending disposal of the writ petition. |.A.NO:2 OF 2024 Between Sri Kota srinivasa Reddv. S/o Lakhsma Reddv Rl/o 6-18-2g611_. New NGO s Corony, Subash Age- 35 years, bcc- crir uriinn irffi'Nico;i;tony, Subashnagar, Nizamabad, Telangana. .....PETITIONERYR-4 AND

1. Smt Jukanti Vimala. W/o Sudharshan Reddy, Aged about 67 years, Occ House Wife. R/o 5-3_307. vianya Nisai CJi";;: Kr;;r"dji ft;;;;;; District, Telangana State_ .....RESPONDENT/PETITIONER

2. The State of Telanoana Rep by its Secretary Revenue Department Secretariat Hydera"bad.

3. The District Collector, (Revenue Wing) Nizambad Nizambad District. 4. The Tahsildar, Bodhan Bodhan Mandal, Nizambad District. .....RESPONDENTS/RESPONDENTS Petition Under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to vacate the rnterim order dated 19.02.2024 passed in w.p.No.438 g or 2024 and dismiss the writ petition with exemplary costs. Counsel for the Petitioner : SRI R.CHAND SHEKAR REDDY Counsel for the Respondent Nos.1 to 3 : REVENUE s. TEKURU SWETCHA, cP FOR Counsel for the Respondent No.4 : SRI C. MACHANDRA RAJU W.P.NO: 3579 OF 2025 Between: Smt Jukanti Vimala, W/o Sudharshan Red Wife, Rl/o. 5-3-307, Vidhya Nagar Col Telangana State. y, Aged about 67 years, Occ House y, Kamareddy Kamareddy District, .....PETITIONER AND '1 . The State of Telangana, Rep by its Se Secretariat Hyderabad.

2. The District Collector - Nizambad, Niz 3. The Tahsildar - Bodhan, Bodhan lVland 4. Sri Kota Srinivasa Reddy, S/o Lakhsm Colony, Subash Age- 35 Years, Occ- Subashnagar, Nizamabad, Telangana retary Revenue Department bad District l, Nizambad District. Reddy F/o 6-18-28611 , New NGO s ultivation, New NGOs Colony, .....RESPONDENTS Petition Under Article 226 of the Co circumstances stated in the affidavit filed pleased to issue a Wrrt, Order or direction WRIT OF I/ANDAMUS or any other orde respondents particulars respondent Nos. Passbook pursuant to the land admeasurin No.97, situated at Naganpally Village, B favour of the respondent no. 4, in spite of t Patta Passbook No. T1 1040250421 issue herein pursuant to the aforementioned land i 21 85 300A of the constitution of lndia principles of natural justice and consequent not to issue Pattadar Passbook in favour of stitution of lndia praying that in the therewith, the High Court may be ore particularly one in the nature of or Writ declaring the action of the B5 3 in trying to issue Pattadar to an extent of Ac.02.00 Gts in Sy dhan Mandal, Nizambad District in ere being a Pattadar Passbook Vide already in favour of the petitioner illegal, arbitrary, violation of Art 14, nd apart from the violatron of the direct the respondents no.2 86 3 he respondent no. 4 pursuant to the land admeasuring to an extent of Ac. 02.00 Gts in Sy No. g7, situated at Naganpally Village, Bodhan Mandal, Nizambad District and to pass |.A.NO:1 OF 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petrtion, the High court may be pleased to direct.the respondents no. 2 and 3 to stay the further proceedings on the application Vide No. Rc2300006912 filed by the respondent no. 4 for issuance of Pattadar Passbook pursuant to the land admeasuring to an extent of Ac. 02.00 Gts in Sy No.97, situated at Naganpally Viilage, Bodhan Mandal, Nizambad District, pending disposal of the writ petition. |.A.NO:2 OF 2025 Between !r!,Xop Srinivasa.Reddy, S/o Lakhsma Subash Age- 35 Years, Occ- Cultivation, New NGOs Colony, Subashnagar, Nizamabad, Telangana. _RedOy {g 6-18-286t1, New NGO s Cotony, .....PETtTtONERyRESpONDENT No.4 AND

1... - Smt Jukanti Vimala, W/o Sudharshan Reddy, Aged about 67 years, Occ. House Wife, Rl/o. 5-3-307, Vidhya Nagar Cotony, Otstrict Telangana State. Kimareddy Xa,inireif Oy - - .....RESPONDENT/PETITIONER

2. The State of Telangana, Rep by its Secretary Revenue Department Secretariat Hyderabad.

3. The District Collector - Nizambad, Nizambad District. 4. The Tahsildar - Bodhan, Bodhan l\rlandal, Nizambad District. .....RESPONDENTS/RESPONDENTS Petition Under section i 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to vacate the lnterim Order dated 07.02.202 passed in W.P.No.3579 of 2025 and dismiss the writ petition with exemplary co S Counsel for the Petitioner : SRI R.CHAND SHEKAR REDDY Counsel for the Respondent Nos.1 to 3 : REVENUE s. TEKURU SWETCHA, GP FOR Counsel for the Respondent No.4 : SRI C. AMACHANDRA RAJU The Court made the following COMMON RDER - THE HON'BLE SRI JUSTICE K.LAKSHMAN VIRIT PETITION Nos.43 8a of2024 and 3579 of20.25 COMMON ORDER: Heard Sri R. Chandra Shekar Redclr., learni,rl counsel for petitioner and Sri Ms. Tekuru Swetch:r, learned Assist:r, t Government Pleader for Revr:nue appearing for respondent Nos. l to 3 and Sri C. Ramachandra Raju, learned counsel lor 4(1, resporrdent_

2. According to the petitioner, she has purchased l:rncl to an extent of Acs.2.0O guntirs in Survey No.97, situated at Nagrrnpall-r, Village, Bodhan Mandal, Nizambad District, under a registcrcd sale deed bearing document No.Sg4/2022 datccl O?..O:\.2022 from Smt. Ravella Koteshwaramma. She has obt..rint:d mutation proceedings, latest pattadar pass books and title det:cls Whereas,4th respondent is claiming that he has purchasecl the subject property under a registered sale deed bearing document No.g9l' of 20 l ll dated

07.O2.2OI3 executed by Sri Ravella Ramprasad, S/o. Smt. Ravella Koteshwaramma. He did not gct his name mutated in thc revenue records. He has obtained lhe aforesaid sale decd and Irc was silenL all through. Thereafrer, he hzrs hled a Writ Petition ulde W.p.No.3gg37 of 2O 18 against his vendor, Sri Rave lla Ramprasad, rrnd others, to declare the actiorL of the Sub-Registrar, Bl-roclan, Nizarrrzrbad District, in not furnishing valuatron particulars of his propert' irs per the basic value register, r.rOt receiving ancl not rcgistering an-r, deed ol ,) KL. J w P Nos.4388 of 2024 & 3579 ot 2025 -i! conveyance including sale deed, as ill gal- Pctitioner is 9th resPondent in the said writ Petition.

3. Vide order dated O9.06 2023' his Court allowed the said Writ Petition permitting 4tl' responclcn[ ]-tc ein to submit online apPlication in Dharani Portal for mutation and i suance oi pattadar pass book in respect of the subject land before he Tahsildar, Bhodan Mandal, Nizamabad District, and directing tl-tc Tahsildar to update the name of 4u, respondent and comPlete the Pr cess within a period of four (4) weeks from the date of submission f such online application bY the petitioner, without relerence to the cancellation deed dated O8.O5.2O 15 and the sale decd dated

22.03.2022 . Further, once the subject land is updated in the namc liberty to take further steps for co f 4rr respondent herein, he is at veyance of the subject land or otherwise as he maY desire.

4. In comPliance rvilh the s rd r>rder dated 09.06.2023, 4tl' respondent herein has tted online application dated 07 .O7 .2023 to the Additional Collc tor, Nizamabad, who in turn issued notice dated 18.O1.2025, to t e pet itioner and 4t]' resPondent hcrein hxing the date of hearrng as O .O2.2025 at I l:O0 AM. Instead of appearing before the Additional C date oi hearing, the Petitioncr ii [[ector, Nizamabad, on the said d the present Writ Petition, W.P.No.3579 of 2025. 3 IiL .J W P )i,,s lJaa 'rl )r).'. r! I ) ",,,, .,r,2)

5. Learned counsel for petitioner \r,ould contend thar the petitioner is not aware of the aforesaid sare deed obtainecl br .1rr. respondent from Sri Ravella Ramprasad, S/o. Smt. Ravella Kot<,shu.ara rlma, the petitioner's vendor. The petitioner is :r bon;t Iictc purchascr. Therefore, the Additional Collector cannot concluct an' enquin.. With the said submissions, he sought to set aside the rrnpugnt.rl noricc, dated 18.01.2025, issued bv the Additional Collecror.

6. Sri Cl. Ramachandra Raju, learned counsel appearing lor 4rir respondent woulcl submit that 4th respondent hzrs purchased thc subject propertlr under a registered sale deed bc:rring d.cument No.897 of 2013, daLed O1.O2.2O13, fr.m Sri Ravella R:rmprurs:rcl, much earlier to the sale deed said to have been executed rn [a'our- o[ tht: petitioner on 02.o3.2022 from Smt. Ravela Koteshu':r r.:rmrnzr. mother of his vendor. Therefore, the sale deed of thc petitio.r'r has ,o varue. Hence, the present writ petition is not maintaira[rrt:. Hc rn'or-rlcr further submit that the peritioner is a party to W.p N..llu8 37 of 2Olg and the order dated 09.06.2023 passed in the above s:rirr writ [,erition attained its finality. Therefore, the petitioner cannol f-ile thc prescnt Writ Petiti()n, W.P.No.3579 of 2025 challenging th(. noti(.1. dared

18.01.2025.

7. In the light of the aforesaid submissions, it is not in clispute that 4Ltt respondent has purchased the subject propcrtv r-rnder zr regislered sale deed bearing document No.g97 ol 20 13, datccl KL..J \\ l, N.,s I lrtS or ,,O2.1 &'157',t,'l 20'ri .- \ O1.O2.2O73, from Sri Ravella Ram rasad. AdmittedlY, he has not obtained mutation Proceeclings rncd counsel aPPearing for 4th 8. Sri C. Ramachandra Raju' I resPondent, on instructions' would ubn-rit that whcn 4'h respondent tried to get his name mutated in thc revcrlue records in rcsPect of the itics refusecl to receive the same' subject property, the revenuc autho The said contention was no[ ralsc W.P.No.38837 of 2O18' However' Petition to declare the action of S District, in not furnishing valuatron the basic value register' not recervr conveyance including sale dced' as i in the earlier Writ Pctition i e ' th ;1'spondeDt trled the said Writ particulars of his ProPertY as Per g and not registering anY deed of b-Registrar, Bhodan, Nizamabad g. AdmittedlY' Petitioner herein Petition. She is aware of the said and she did not Prefer anY aPPeal Og-06.2Ci23 in W P'No 38837 ol 2O1 s 9'h resp<lndent in the said Writ rder. Evcn then, shc was silent challenging the said order dated In comPliance with thc s

10. W.P.No.38837 of 2018' 4tt' aPPlication dated 07 'O7 2023 mutate his name and issuc Pattada application, the Additional Collccto issued a notice, dated 18 o1 2025' appear before him for enquirl on O 1 id ordcr dated 09'O6 2023 ln respo dent herein has submitted an ^d respondent $'ith a request to pass book. On rcceiPt of the said Rhodan. Nizamabad District, has equesting 4th respondent herein to .O2.2O2r at 1 I :OO AM' ) W.I,.Nos.4388 or r,,r., O ,,.r, ., 5lir,] 1 1. In thc light of the submission made by the leerrned counsel lor the petitio.er that the petitroner is not aware of the c.rrier sarc crced ol 4tI responclent i.c., sale dccd bca.ng document No.gc)7 ol_2O 13, rlatecl 01.O2.2O13, it is relevant to note that Section 3 ol rht, Trzrnsfcr o[ Propcrty Act, lgg2, deals with interpretation clause, zrnd cxplanations I and II of the s.id provision are relevant and the :san)e .lre extr:lctecl below: "3. Inte rpretation clause Explanution I._Where i n i, o, u r,l r " p,o p): i' i',,,!l 1,,"[ ";; i: : : " [Z' " l',,,;, n,',,: ::.:, :!lan.d, by o resi siered i"it"r^.nt, "rirl',,'r.,r,,n ?:1:::l such, property or ona parl of. or str,tre ,tr ,:;:.:::,ll_:"., properla- shalt be deemed to hat.,. ,,otrr.e i':ii;i:;:i7;:;; i: .[i! ,,:;:$; :{ "::,::i ,,, ;..i,: ,i or uthere lhe registcred inslnlment has been reqt\tert Ll uncler sub-section l2) of section io'.i",i""'i,,,,o,r,, I:?:,:.,,,?:, oit, t so8 t ia .r tsi)q. f,"^ i/i .1,1,i,",,",, uute on whtch ang memorandum oj such rc,1rttcrc,l ,,:,2: : :,,,.'.,,h::. be.e r t f t e d by an s Su"b _ Resi r,,o,,, i, ; t n,,, uJt Los-e :;uD_dtstnct enA part of the propirtg ,uiurh ,, De.rng at.quued, or of the propertA uhe)ein "u ,nr,,rl. u, Prouicled that- (1) tlrc instrument has been registered on(/ rts r.e9.iltratlon compteted in the manner i,ri".il.i i), ,n" lndian Reqistration Act, I g08 lj 6 of l iosi ,riiin.'' ,,,_, t.. made thereunder, t1,,2 instn)me [or memorandum] has beert <lul11 _!2) entered or filed, as the case may be, i" L"oi, i"ir"r,)ii., section 5l of that Act, anr) paniculars regard.ing the transoction to tL,ttictr ,, lt! :1. L.ne. tnstrtttnent relates hare been correctlg entered i'rt'tlu indexes kept under sectiort 55 of that Aci E-xplanatbn . Any person cLcquiing ang immout,rtbk, propertg or anu share or interest in any iuch orcy)r,,r1, shall be de:emed to haue n.otice of the ti;ie,";;;,i,'','i;:,'r, p.erson u,ho is for the tinrc beiig in actuit;;:....,..;;rr, thereof." 6 KT,. J U l' \,'s 1188 or 2O2 I &.] )7q ol 2O2:i .- \ "-1

12. Thus, the Petitioner cannot ead ignorance of a registered document. It is pertinent to note th a Smt. Ravella Koteshwaramma, the vcndor of the petitioner has fil e a suit in O.S.No.17O ol 2Ola against 4th rcspondent herein seekin canccllatiou oI registered sale deecl bearing document No.897 of 2O 3, dated 01.O2.2013, and also for perpetual injunction.

13. Sri C. Ramachandra Raju, lear ed counsel for 4th resPondent, on instructions, would submit that th \ ,nt peti[ioncr is not a Party to the said suit in O.S.No. i7O of O 18. Ticle judgment dated 17 .1O.2024, the trial Court dipmissed he said suit.

14. As discussed suPra, the Petitio er did not challenge the order datecl 09.O6.2023 in W.P.No.38837 of has attained hnalitY. In comPlia respondent has submitted online aP

018. Thereforc, the said order ce u,ith the saicl order, 4'h lication in Dharani Portal for mutation. On receipt of the said appli ation, the Additior-rai Collcctor, Nizamabad, has issued a noticc d petitioner as well as 4th respondent t ted 18.O1.2025, directing the appcar before him [or enquiry. Therefore, the petitioner has to appea beforc the Additional Collector, Nizamabad, and submit all the releva t documellts rn suPPort ol his claim. 15, While the matter stood thus, e State h:rs promulgated the Telangana Bhu Bharati (Record of Ri hts in Land) Act, 2025, in the placc of the Tclangana Rights in Lan and Pattaclar Pass Books Act, ,/ I 7 W.l'.Nos {388 of 201 I 1\ \ KI, .I /" ot ./\)) ' ' 2O2O. lt has also framed the Telangana Bhu Bharati (Re<:ord of Rights in Land) Rules, 2025, by issuing G.O.Ms.No.39, Revenue (Land Administration-l) Department, dated 14.O4.2025. Thus, thc albrcsaid Act as n cll as tht: Rules camc in to force lrom 14.O4 .2U25. As pcr thc said Rules and Schedule-A of tht: said Rules, 3.d respon dcnt-Tah sildar is the competent authority to consider the application submrttetl br. 4rh respondent.

16. In the light of the aforesaid discussion, both these Writ petitions are disposecl of clirecting the Additional Collector, Nizamabad, tr> transler I he file to 3.d respondent-Tahsildar, Nizarnabad, for the purpose of cond ucting enquiry in compliance with r_he order d:rtecl t'

09.06.2023 in W.P.No.38837 ot2Ol8 within one week frorn the datc ol receipt of copy of this order. Thereupon, 3.d respondcnt shall disposc of the application dated 07.O7.2025 submitted by 4th respondent ancl issue pattadar pass books in accordance with lau,, by putting the petitioner and 4rrt respr-rndent on notice and affording them an opportunitr'. He shall complete the said exercise within a perioti o[ two (2) months from the date of receipt of copy of this order. Both the petitioner and 4Ll' respondent shall cooperate with 3,,r responden I in conducting the enquiry. Liberty is granted to the pctitioner ancl 4,r, respondent to take all the pleas and contentions, rvhich they ltave rarsed in the prcsent Writ Petrtions, before 3.d rr:spondcnt and

3.,lrespondent shall consiclcr lhe same. Liberty is also grantecl to the 8 Kl-..J W.P.Nus -r 18,3 ol 2tt2t fr -\: l't ot 21t23 pctitioncr eithcr to hle an applicati n to review the ()rder dated

09.06.2023 in W.P.No.38837 of 2Oi or to prefer an intra-court appeal against the said order under Cl use 15 of the Letters Patent As a sequel, miscellaneous Pett ns pending, if any, shall stancl closed. Tl-rere shall be no order as to c //TRUE C PYII SD/. A. SRINIVASA REDDY ASSISTANT REGISTRAR '\ . r'.,, SECTIdN OFFICER To 1 2 J 4 5 o 7 The Secretary, Revenue Department Hyderabad. The District Collector - Nizambad, Niza The Tahsildar - Bodhan, Bodhan Mand Two CCs to GP FOR REVENUE, High Hyderabad [OUT] One CC to SRI RAMAVARAM CHAND loPUCl One CC to SRI C.RAIVACHANDRA Two CD Copies cretariat State of Telangana at bad District. , Nizambad District. ourt for the State of Telangana at SHEKAR REDDY, Advocate U, Advocate (OPUC) SA GJP 6 HIGH COURT DATED:1610712025 COMMON ORDER WP.Nos.4388 OF 2024 AND 3579 of 2025 /, 16 i I (l 13 ItlB 2m * o; ..1.1r Cf DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS. d gc"c' %f,-"