High Court · 2025

Petition under Article 226 ot the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS dectaring the endorsement dated 15-02-2024 vide Rc.No/1 1Ol2O24 issued by the Tahasildar, Chintalamanepally in refusing to correct the entries on the name of Sth respondent under pattadar passbook no.T16030060811 in regpect of the land in Sy. No.65/93/1 to an extent of Ac.S- 20 guntas and Sy. No.65/93/2 to an extent of Ac.2-20 guntas, total adm. Ac.g-00 guntas to Sy. No.65/93 adm. Ac.5-00 guntas, situated at Balajiankoda village, chintalamanepally mandal, Kumuram Bheem Asifabad District, as being illegal, arbitrary, unconstitutional, contrary to the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 and in violation of Articles 14,21 and 300Aofconstitutionoflndiaandconsequentlysetasidethesanreanddirectthe respondent nos.2 to 4 to rectify the entries in revenue records as mentioned above. IA NO :1 OF 2024 Petitionunderl)ectionlslCPCprayingthatinthecircumstancesstated intheaffidavitfiledinsupportofthepetition,theHighCourtnraybepleasedto suspend the entries r;n the name of Sth respondent under pattadar passbook no.T160300608',l 1 in revenue records in respect of the said land in sy' No.65/93/'1 to an extent of Ac 5-20 guntas and Sy' No'65/93/2 to an extent of Ac.2-2O guntas; total adm. Ac'8- 00 guntas' situated at Ba ajiankoda village' Chintalamanepallymandal,KumuramBheemAsifabadDistriclpendingdisposal of the above writ Petit on Counsel for the Petitioner: SRI ANUGANTI PRANEETH Counsel for the Respondent No'1 to 4: SRI L'RAVINDER' AGP FOR REVENUE Counsel for the Respondent No'S: SRI RAVI CHANDRA BEJJARAM The Court made the lollowing: ORDER (-'/', THE HON'BLE SRI JUSTICE K.LAXSHMAN WRIT PETITI ON No.I1282 of 20.24 ORDER: Heard Sri Anuganti praneeth, Iearned counsel for petitioner and Sri L. Ravinder, learned Assistant Government preader for Revenue appearing for respondent Nos.1 to 4 and Sri Ravi Chandra Bejjaram, learned counsel for 5ft respondent.

2. Petitioner is claiming that he is the absolute owner arrd possessor of land admeasuring Acs.5_00 in Survey No.65/34g, situated at Balajiankoda Village, Chintalamanepally Mandal, Kumuram Bheem Asifabad District. It is an assigned lald. In proof of the same, the petitioner has.hled latest pattadar pass book and title deed.

3. According to the petitioner, 5ft respondent was also assigned with land admeasuring Acs.5-00 in Survey No.65/93, situated at Balajiankoda Village, Chintalamanepally Mandal, Kumuram Bheem Asifabad District. However, he has obtained latest pattada-r pass books and title deeds for Acs.g-OO of land i.e., Acs.2-2O guntas in Survey No.6S/93/2 and Acs.S.2O guntas in Survey No.65/93/f, during the Land Records Up_gradation Program (LRUP), by way of misrepresentation. Taking advantage of the same, 5m respondent has started interfering with the possession of the petitioner over the subject property. Therefore, L "::_ irt ts:: .1i+ti-. I 2 KL, J \t ).No.11282 ol2024 petitioner a1on51 with others filed a suit in O'S'No' 12 of 2O2O against 5ft respondent and two others in the Court of 'lunior Civil Judge at Sirpur Town, seeking declaration of title and for perpetual injunction and the same is pending On the ground that the latest pattalar pass books and title deeds were obtained by 5h respondent lty way of misrepresentation, the pe titioner has submitted art application in Praj avani uide reference No.KBMCHP/tr12024 I OOO05 dated l2'O2'2O24 to 4c'respondent with a request to correct the said wrong entries' Vide endorsement <lated 15.O2.2024, 41d, respondent i:-rformed the petitioner that. on verification of the revenue records, more particularly paeanies for the year 2O2O-21, Sfi respotrdent's name was found in respect of land admeasuring Acs'5-210 guntas in Survey No.65/93/ I and Acs.2-2O guntas in Survel' No'6519312' and his name was continued tiil date, and as per l)harani Web Portal, there a re no powers delegated to 4ft respond':nt-Tahsildar for change of entries in the revenue records. Challenging the said endorsement. ctated 15.02.2024, petitioner hled the present Writ Petition.

4. Sri Ravi Chandra Bejjaram, learned counsel for Sft respondent, while referring to the counter filed b1' him, would contend that 5;th respondent is the owner of the lancl to art extent of Acs.5-20 guntas in Survey No.65/93/ 1 and Acs.2-20 guntas in \ w 2 KL, J W.P.No- 1I282 of2O24 Survey No.6S/93/2 Village. According of the very same village i.e., Ba-lajiankoda to him, Sth respondent acquired Acs.S-20 guntas in Survey No.6S/93/ 1 by way of inheritance and Acs.2_20 guntas in Survey No.65/93/2 by way of family partition. However, he has not fiIed copies of the same along with thb counter afhdavit.

5. As per the impugned endorsement dated 15.02.2024, tlre petitioner cannot file an application before the 4e respondent_ Tahsildar under prajavani, seeking rectihcation of entries in revenue records, under the Telangana Rights in [,and and pattadar Pass Books Act,2O2O. It is the District Collector who is competent under the said Act to correct the wrong entries. The same was informed by 4m respondent to the petitioner. Therefore, the petitioner has to submit an application before the District Collector in terms of Circular No. 1 of 2O2l dated lS.O1 .2C/21 issued by the Chief Commissioner of Land Administration, and it is for 2"d respondent to decide the same.

6. It is relevant to note that during pendency of the present Writ Petition, a new statute i.e., Telangana Bhu Bharati (Record of Rights in Land) Act, 2025, came into force with effect from 14.04.2025. Telangana Bhu Bharati (Record of Rights in Land) Rules, 2O25 (for short the Rules, 2025,), have been framed uid.e G.O.Ms.No.39, Revenue (Land AdministrationJ) Department, dated 14.04.2025. As per Rule 4 of the Rules, 2O25, the petitioner I I l I I I 4 KL, J !I P-No 112a2 of 2024 has to submit cnline application along with supporting documents through Bhu Bharati Porta-l seeking rectification of wrong entries' 7 . In the lipiht of the above, this Writ Petition is disposed of granting libertl' to the petitioner to submit online application along with supportinl3 documents seeking rectihcation of entries in the revenue recotdrs, through Bhu Bharati Portal under Rule 4 of the Rules, 2025, before the competent authority. On r':ceipt of the said application, the competent authority shall consider and decide the sanre strictly in accordance with law, by putting the petitioner, Sth respondent and all other interested parties on notice and affording them an opportunity, without reference to the observation made by 4ft respondent in the impugned endorsement dated 15.02.2C24 that in the pahanies for the year 2O2O-27, 5h respondent's r ame was found in respect of land admeasuring Acs.5-20 grtntits in Survey No.65/93/ 1 and Acs.2-ilO guntas in Survey No.65i9312, and his name was continued till date' However, the ctmpetent authority shall complete the said exercise within a period of four (4) weeks thereafter. No costs' As a seouel, miscellaneous petitions pending, if any, shall stand closed ./ //TRUE COPY// SD/.B. REKHA RANI ASSISTANT REGISTRAR SE OFFICER To,

1. The Principal Secretary, Revenue Department, Secretariat, Hyderabad, State Of Telangana.

2. The Collector, l'(umuram Bheem, Asifabad District. 3 4 The Revenue Divisional Officer, Kagaznagar Division, Kumuram Bheem Asifabad District. The Tahasildar, Chintatamanepally Mandal, Kumuram Bheem Asifabad District.

5. One CC to SRt ANUGANTT PRANEETH, Advocate [OPUC] 6. One CC to SRt RAV| CHANDRA BEJJARAM, Advocate tOpUCl 7. Two CCs to Gp FOR REVENUE, High Court for the State of Telangana at 8. Two CD Copies Hyderabad [OUT] i l I BS LS HIGH COURT DATED:1410712025 \ ORDER WP.No.11282 of 2024 CC TODAY HE SL{re 1 o C) 1 ? lUt. tPj -k SPA.I'(: * DISPOSING OF THE WRIT PETITION, WITHOUT COSTS