✦ High Court of India · 20 Mar 2025

Bhimapangu Jyothi @ Mallepangu Jyothi v. 1. The State of Telangana

Case Details High Court of India · 20 Mar 2025
Court
High Court of India
Decided
20 Mar 2025
Bench
Not available
Length
1,209 words

Petition under Artisle 226 of the Constitution of lndia praying that in the circumgtances stated ir1 the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particulaily one in the nature of Writ of Mandalnug dqclaring the action of the flespondent Nos. 2 to 4 in non-considering the Online applications through vide Nos.TTMU021600968121, dated 13.08.2016 and 2500131791, dated 00.03.2025 and non=initiAting to mutate thq name of the Petitionqr in all revenue records and non-initiating to issue the E- Pattadar Passbook to the Petitioner o1 her cultivating land to an extent of Ac 3 00 Gts in Survey No.40, land to an extent of Ac.0.'10 Qts in Survey N0.333 and land to extent of Ac.0.23 Gts in Survey No.219, totaling to an extent of land Ac.3.33 Gts which is situated at Erjerla Village. Maripeda tVlandal, It/ahabubabad District is illegal, qrbitrary, uneonstitutionql and violatron of Articles 14, 15,21 and 300-A of Constitution of lndia and also violation of Principles of Natural Justice and consequently direct the Respondent Nos.2 to 4 to consider the Online applications of the Petitioner through vide Nos.TTMU021600968121, dated 13.08.2016 and 2500131791, dated 06.03.2025 and mutate the name of the Petitioner in all revenue records and issue the E-Pattadar Passbook on her cultivating land to an extent of Ac 3.33 Gts in Survey Nos. 40, 333 and 219 which is situated at Erjerla Villa$e, Maripeda Mandal, Mahabubabad District. lA NO: 1 OF 2025 Petition under Section 151 CPQ praying that in thg circumstances stated in the affidavit filed in support of the petitlon, the High Court may be plegsed to direct lhe Respondent Nos.2 to 4 tq consider the Online applications ol the Petitioner fhrough yidq Ngs JlMUQ2160Q968:l?J dated 13.08.20't6 and 2500131791, daled 06.03.2025 af d mutate the name qf the Petitioner in all revenue regords and isgue the E-Pattadar Papsboo[ on her cultivating land to an extenl of Ac.3.33 Gts in Survey Nos. 40, 333 and 21 I which is situated at Erjerla Village, Maripeda Mandal, Mahabubabad District pending disposal of the Writ Petition. Counsel for the Pqtitionqr: SR! RAP9LU BHASKAR Qounsel for the Respondents; AGP FOR REVENUE The Cqurt gede t[e following; OBDER a) i I HON'BLE SRI JUSTICE C.V. BHASXAR REDDY 1VRIT PETITION No.8423 of 2o23 ORDER: It is stated that the petitioner's mother by..name Mallepangu Laxmi was the pattadar and possessor of the land admeasuring Acs.3.OO guntas in Sy.No.4O; Ac.O.l0 guntas in Sy.No.333 and Ac.0.23 guntas in Sy.No.219, situated at Erjerla Village, Maripeda Mandal, Mahabubabad District and her name was mutated in all the revenue records and she was also issued pattadar passbook and title deed No. 1668666 uide patta No.396 was issued under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 . It is further stated that the petitioner's mother had executed a Will Deed, dated 13.O8.2O 13 in her favour. After the death of her mother, basing on the said Will Deed, the petitioner made Dharani application No.TTMUO2 160096812 1, dated

13.08.2016 and No.25OO13179 1, dated 06.O3.2025 seeking for sanction of Pouthi lzafa and consequential mutation and issuance of pattadar pass book under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short "the Act 9 of 2O2O"l. The grievance of the petitioner is that even after receipt of the said applications the respondent authorities did not consider the same. I l CVBR, J Wp_8423 2025

2. Considered the submissions of the learned counsel for the respective parties and with their consent this writ petition is disposed of at the admission stage.

3. Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents has not disputed the fact of issuance of pattadar passbook and titie deed in favour of the petitioner's mother uide ard also submission of the application No.TTMUO21600968121, dated 13.O8.2016 and No. 2500131791, dated 06.O3.2025 seeking for sanction of Pouthi lzafa and consequential mutation and issuance of pattadar pass book under the provisions of the Act 9 of 2O2O.

4. As per Section 6 of the Act 9 of 2O2O, any person or persons who acquire rights over land through succession, survivorship, inheritance and seeking to effect change in Record of Rights, after arrivihg at consensus among all the legal heirs on the manner of division of the land among themselves, shall make an application, . enclosing the joint agreement specifying individual shares, to the Tahsildar through the website prescribed for this purpose, for allotting available date and time as per the convenience of the persons to appear before the Tahsildar.

5. In view of the above submissions, tJlis Court, without expresling any opinion with regard to the right and entitlement of -) CVBR, J Wp_8423 2025 the petitioner for mutation of the subject property basing on the Will Deed, dated 13.O8.2013, executed by her mbther and consequential grant of Pouthi 1zafa and issuance of pattadar passbook, deems it appropriate to dispose of. this writ petition directing the respondent authorities to examine the application No.TTMUO21600968121, dated 13.O8.2016 and 2500131791, dated O6.03.2O25 submitted by the petitioner and if the said application complies with all the requirements ol the provisions of the Act 9 of 2O2O and the circular instructions issued by' CCIR uide circriay No. 1 of 2021, dated 15.01.2O21 and Circular No.1 of 2024, dated 2a.O2.2O24, shall consider the same subject to payment of mutation charges and other charges in terms of the provisions of the Act 9 of 2O2O and if the petitioner is otherwise not entitled for the same, pass a reasoned order in accordance with law, within a period of eight (O8) weeks from the date of receipt of a copy of this order.

6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/.K. SREE RAMA URTHY ISTRAR DEPUTY SECTION OFFICER

1. The Principal Secretary, Revenue Department, Secretariat Building, - Secretariat, Hyderabad, State of Telahgana. 2. The District Collector, Mahabubabad, ltiahabubabad District 3. The Revenue Divisional Officer, Mahabubabad Division, Mahabubabad 4. The Tahsildar, Maripeda Mandal, 5. One Ce to SRI RAPOLU BsnSfen, Advocate IOPUCI District, To \ . I, ;*ff-..r. I 6 7 PSK. BS \ Two CCs to GP FQR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUTJ Two CD Copies +g HIGH COURT DATED:2010312025 I 0 ORDER WP.No.8423 ot 2025 ( ( .;{-*rt r' 'JTA I e 03 t\ln 206 Pz o .b P * DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ x{

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