Smt. Sabera Begum v. 1. The State of Telangana

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 a Writ, order or direction more particularly one in the nature of Writ of [Mandamus aggrieved by the action of Respondent No. 3 in failing to act upon the representations of Prajavani Grievance No. VKBDC/E/20251OOO12, daled 06-03-2025, and subsequent representation dated Ol -O3-2O25, despite lhe approval of TtM33 Dharani Application No. 2200139209 by respondent No.3 and passed Proceedings No. D1/1983/2024, dated 23.12.2024, respondents failed to delete the duplicate RSR extent in Survey No. 344, Pargi Villagt.', Pargi Mandal, Vikarabad District in order to complete the succession proceedings as per Section 6of Act No. 9 of 2020 (ROR Act),and not issuing the digital E-Pattadar passbook is arbitrary, illegal, and rlontrary to the provisions of ROR Act and the contrary to CCLA Circular No 212024, Da1ed26.11 2024 and subsequently direct the Respondents to delete the duplicate RSR extent in Sy.No. 344,Pargi Village, Pargi Mandal, Vikarabad District while issuing the digital e-Pattadar passbook so that the Petitioner may apply for RythuBima benefits. Counsel for the Petitioner : Ms. SAMAN A,AFREEN Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER ,7 THE HON'BLE SRI JUSTICE C.V.BHASKIIR REDDY WRIT PETITION No.12527 of 2o25 ORDER: This writ petition is filed seeking following relief: 'For the reason stated in the accompanying affidavit For the reasons stated above it is prayed that this Honble Court may be pleased to issue a Writ, order or direction more particularl_v one in the nature of Writ of Mandamus aggrieved by the action of Respondent No. 3 in failing to act upon the representations of Prajavani Grievance No.VKBDC/ E/2025/ OO012, dated 06-03-2025, and subsequent representation dated 07'03 2025, despite the approval of TM33 Dharani Application No. 220Oi39209 by respondent No.3 and passed Proceedings No. DL1198312024, dated 23.12.2024, respondents failed to delete the duplicate RSR extent in Survey No. 344, Pargi Village, Pargi Mandal, Vikarabad District in order to complete the succession proceedings as per Section 6 of Act No. 9 of 2O2O (ROR Act), and not issuing the digital E- Pattadar passbook is arbitrary, illegal, and contrary to the provisions of ROR Act and the contrary to CCLA Circular No.212O24, Dated:26. I 1.2024 and subsequently direct the Respondents to delete the duplicate RSR extent in Sy.No. 344, Pargi Vitlage, Pargi Mandal, Vikarabad District while issuing the digital e-Pattadar passbook so thAt the Petitioner may apply for RythuBima benefits, and pass such other orders as this Hon'ble Court may deem fit and proper in the interests of justice."

2. It is stated that the petitioner's husband late MD. Ayyrb was the rightful pattadar of land admeasuring Acs. l.1O guntas in Survey No.344, Pargi Village, Pargi Mandal, Vikarabad District and pattadar passbook and title deeds were issued in favour of the petitioner's husband under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short, 'the ROR Act, 1971) and the Rules made thereunder. It is I 2 w.p.No. r 2s2 cvBR, -, 7 of 2o2S\., further stated rhat after the demise of petitioner,s husband on 31.1O.2019, petitioner applied for mutation and succession proceedings, but the petitioner's husband name was missing in the Dharani portal. It is further stated that the petirioner fired an application dated 16. t 1.2022in Dharani Portal under TMll3 Dharani Module urde Application No.22o013g209, which was approved by the 3.d respondent_District Collector uide proceedings No'DI/igg3/2024 dated 23'12.2024,bur no further acdon was hken by rhe respondents for mutation and succession proceedings and issuance of digital e-pattadar passbook- The grievance of the petitioner is that he .submitted application dated 06 03'2025 under prajavani Grievance System which was registered as Prajavani Grievance No.VKBDC/E /2o2s/ooor2for issuance of e-pattadar passbook. It is further stated that the petitioner submitted another represent'rtion dated 07 'o3 '2025 to 3'd respondent requesting to delete the duplicate RSR extents and for completion of succession proceedings and mutation of the petitioner,s nan '" Dharani portar, but no action has been taken by ,h. .."r:;;" ;,;:::' considt:red the submissions made by the learned counsel for the parties arrd with their consent, this writ petition is disposed of at the 3' admission stage.

4. Learned counsel for the petitioner has vehemently contended that as per Section 6 of the Telang2na Rights in Lancl and pattadar Passbooks Act' 7g77' 2 presumption has been drawn that the entries made 3 CVBR, J W.P.No.12527 of 2025 in the record of rights are to be true until and unless those entries have been cancelled by cogent evidence.

5. In view of the said submission, since the entries made in the revenue records which are in lavour of the petitioner's late husband would reveal that he is the pattadar and possessor of the subject land and pattadar passbook and title deeds u,ere also issued to the petitioner's husband uide Khata No.1804.

6. From perusal of the impugned order dated 23.12.2O24 issued by the 3d respondent-District Collector uide No.Dlllg83l2024, it is seen that the 5n respondent-Tahsildar has submitted a report dated 14.12.2024 uide Lr.No.B/ l91l12024 stating that on verihcation of the revenue records i.e., Paharri for the year 2Ol3-14, the land admeasuring Acs. 1 . 10 guntas in Survey No.344 is recorded in the name of petitioner's husband and the same is continued up to 2016-17 and thereafter, the said entry is missing from the year 2018 and it is further reported that the petitioner is cultivating the subject land by raising various crops and at present there is a paddy and red gram crops and as per Encumbrance Certificate, no purchase is noticed in the subject land neither by the predecessors/ successors of the petitioner nor by the petitioner. Therefore, the said report clinchingly supports the case of the petitioner that he is in possession of the subject land and entitled for issuance of pattadar passbooks for the lands standing in the name of her husband. I CYBR, \ W.P.No.12527 of 2025" Z _ For the aforesaid reasons, the impugned order clated 23.12.2024 issued by the 3'd respondent-District collect or uid-e No.DI/ l9g3/2024 is set aside. In view of repeal of Telangana Rights in Land and pattadar passbooks Act, 2o2o and enactment of Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 (for short "the Act 1 0f 2025\, the petitioner is permitted to make appropriate online application in the prescribed format in Bhu Bharati web Portal, seeking correction of entries in the revenue records and for issuance of pattad,r passbooks in respect of subject lands. In the event of such application being made by the petitioner and if the same fulfills all the requirements under the provisions of the Act I of 2o2s and the Ruies made thereunder, the respondent-authorities shall examine and consider the case of the petitioner for issuance of passbooks in accordance witl-r [aw. The entire exercise shall be completed within a period of three (03) months from the date of receipt of the application. 8 Accordingly, this Writ petition is disposed of. There shall be no order as Lo costs Miscellaneous applications pending, if any, shall stand closed. //TRUE COPYII Sd/.L.VIJAYA LAKSHMI , ASSISTANT REGISTRAR / . SECTION OFFICER To, 1 The Principal Secretary, Revenue Department, Secretariat, Hyderabad, Tetangana 500022,The State of Telangana. 2 3 The Chief Commissioner of Land Administration (CCLA), Telangana, Opposite Annapurna Hotel, Nampally Station Road, Abids, Hyderabad - 500001. The.District Collector, Vikarabad District, lnlegrated District Offices Complex, Parigi Road. V karabad, Vikarabad District, Telangana - 501 101 .

4. The Revenue Divisional officer (RDO), , Vikarabad Division, vikarabad Town, Vikarabad tVlandal, Vikarabad District, Telangana - 501 '101

5. The Tahsildar-Cum-Mandal Revenue Officer, Pargi Mandal, Pargi Mandal RevenueOffice,PargiVillageandlvlandal,VikarabadDistrict,Telangana- 501501

6. One CC to Ms. SAI\,IAN AAFREEN Advocate [OPUC] 7. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana' louTl B. Two GD Copies DD BSR\+ I l HIGH COURT DATED:24104t2025 I \ ORDER WP.No.12527 of 2025 ,)B 1HE s 14 ,'6 |J e 3, 2oruru 2025 { DISPOSING OF THE WRIT PETITION WITHOUT COSTS I ..gt't> 1\ &^-