H DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE v. BHASKAR REDDY Between

Petition under Articte 22o of the Constitution of t"di" prryinJlth""?1?tl;: circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction preferably a Writ in the nature of MANDAMUS declaring the action of the Respondent No.2 of Rejecting the Application of the Petitioner vide Application No.2400013091 seeking grant of Mutation in respect of the subject lands transferred in favor of the Petitioner under registered Gift Settlement Deed dated 19.02.2020 vide Document No.1098 of 2020 as null and void being actuated by unreasonableness, arbitrariness and one without following the due process of law, thereby making such impugned order illegal, unlawfut and arbitrary having infringed the Fundamental and Constitutional right of the Petitioner as provided in Art.14, 19,21 and 300-4 of the Constitution of lndia IA NO:'l 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 grant interim direction to the respondents to grant Mutation incorporating the name of the petitioner in the Revenue records pending disposal of the main Writ Petition Counsel for the Petitioner: SRI R. A. ACHUTHANAND Counsel for Respondents: GP FOR REVENUE The Court made the following: ORDER ,.4 i' 'v i I I HON'BI,E SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.5949 of2025 ORDER: This Writ l'etitron, under Article 226 of the Corlstitution of India, is {iled se ek ing the following relief: "....to isstte an appropiate writ, order or direction preferably o Wit in LlTe nature of M|\NDAMIJS declaing the action of the respondetLt No 2 of Rejectttg in" Apltlico]tiort of the Petitioner ?iqt '\pplication I'i.ZcO\OlSosl stiiing grant of Mutation in respect of the subject lands lranskned in.lluor oJ the Petitioner under regtstered CiJt Settlement Deei dated 1g.( 2.2020 uid.e Document No.1O98 of 2o2o as rrutl and uoid being actuated bq unreasonableness arbitraitress and ">rv' tuithout fo oitinll the (7trc process of low therebg makinlt such impugtrcd order 'illegal inlawfu! aad arbitrory hauing infringed the Fundanr<:ntql and Coistitutit nit nght of the Petitioner as prouided in Article: 11, 19' 21 and 300A of tlv' Constituti(trL of lndia-..."

2. Considered the submissions of the learned counsel for the respective parties urd perused the record. I t is stated Lhat the husband ol the petitioner r'r'a.s the owner 3. and possessor of and to an extent of Acs.30.12 guntas in vartous survey numbers riituated at Basar Viliage and Mandal, Bhainsa Division, Nirmal i )istrict, and the revenue authorities have issued pattadar passbool<s and title deeds uide No.T14Ol0 t2OO28 and patta No.71 in his favour. It is further stated that the cr:titioner has acquired the sairl property under registered gift settlement deed bearing documenl l\o.1098 of 2O2O, dated 19.02.20110 from her husband,6n<1 after acquiring the said property, she has submitted 2 an online application No.24OOO13O91 before the respondents seeking to grant mutation in her favour in respect of the subject lands to enable her to enjoy possession over the said property and to receive the investment subsidies from the Government, but respondent No.2-the District Collector, rejected the said application urde proceedings No.D 1 / 5352 I 2024, dated 18. 1 O.2024.

4. l,earned counsel for the petitioner has vehemently contended that issuance of e-pattadar passbook is only a consequential act of carrying the entries which have already been made under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short 'the ROR Act, 197 l"l, therefore, unless and until earlier passbooks have been cancelled by following the due procedure, the respondent authorities are not having any power or authority to reject the application submitted by the petitioner. It is further submitted that the entries made in the pattadar passbook are only compilation of the survey numbers and the accounts for the extent being mentioned in a particular village, and therefore, it does not take away the right of the petitioner in any manner unless the entries in the revenue records are corrected by following due procedure. It is further submitted that the respondent authorities are not having any right to deny the request of the petitio.gj"j_. \, 3 issuing pattadar yrassbooks in her favour basing on the gift deed execult d by her hrrsband.

5. Learne<l Assisrant Government Pleader for Revenlter appearing for the respondcnrs submitted that in view oi the objr:ctions raised by the third part i,:s and as the petitioner has not be,:n lound in possession ol' th< subject property, respondent No.2 l-ras rightiy rejected the requ<'st of the petitioner for issuance of p,assbooks in her favour.

6. A carefirl exarnination of the proceedings datecl i8.lo 2024 passed by responrlent No.2 would reveal that respondent No.3 thc RDO and resDond (-'n t No.4-the Tahsildar, have conductr:d enquiry and as it was r, ported that there are disputes overr the said property, the reqLr,'st of the petitioner for issuing mu[zLtion in her favour has bet:n relec ted.

7. It is settled lrru, that the revenue authorities are nol conferred with any rights to rlecide the inter se disputes more par-tir:ularly the land disputes. Thc revenue authorities are entitled to ntutate the i I names of tht: pet'sons, lvho fulfills all the requir,:rnents and consequently issue prttadar passbooks in their favour, ard they are not supposed to concluct enquiry to decide the validity or otherwise of either of I he part cl;. 4 In view of the above, the proceedin gs uide No'Dl I 5352 12024 ' 8. dated 18.10.2024 issued by respondent No'2 is set aside and respondent No.2 is directed to re-examine the application submitted by the petitioner by duly taking into consideration of the earlier passbooks issued in favour of her husband' If the petitioner fulfllls all the requirements mentioned in CCLA's circular No'1 of 2021' dated 15.01.2O21 and Circular No'1 of 2024' dated 28'O2'2024' tlre respondent authorities shall consider the same and pass a reasoned order in accordance with law within a period of three (03) months from the date of receipt of a copy of this order and communicate the same to the Petitioner. 9 With the above observations, this Writ Petition is disposed of' No order as to costs As a sequel, the miscellaneous petitions pending' if any' shall stand closed. //TRUE COPY// Sd/. P. PADMANABH DEPUTY RE REDDY y' STRAR( SECTION OFFICER The Principal Secretary,, Revenue Department Government of Telangana, at Secretariat, at Hyderabad. The Collector,, Nirmal District, at Nirmal. The Revenue Divisional Officer,, Bhainsa, Nirmal District, at Nirmal. The Tahsildar,, Basara Mandal, at Basara, Nirmal District. One CC to Sri R A Achuthanand Advocate [OPUC] Two CCs to GP For Revenue, High Court for the State of Telangana. [OUT] Two CD Copies To, J, 4. 5. o. 7. MBC g l I I i i a HIGH COURT CVBR,J DATED: 27102120251 1Y\e STt,I t: t ,ZI]25 O 4 APf, o n L -tt t rjFt r,/ 1r:Y\ r:(-' ORDER WF.No.5949 of 2025 : I i I I I I I I I i i i i l DISPOSING OF WRIT PETITION WITHOUT COSTS @u41d { k