✦ High Court of India · 30 Apr 2025

High Court · 2025

Case Details High Court of India · 30 Apr 2025
Court
High Court of India
Decided
30 Apr 2025
Bench
Not available
Length
1,059 words

Ambati Viiava Kumari. Wo. Late. A. Yadaqiri Rao Age 66 years Occ House hold, R/o. Plot'N'o.93 and 94, Flat No.'105, Bhavana Srini plaza, Road No.4, Balaji llagar, Nizampate, Hyderabad, T.S. .,,PETITIONER AND

1. The State of Telangana, Rep by its Principle Secretary Revenue Department, Secretariat Hyderabad. The District collector, Ranga Reddy District, The Revenue Division Officer and Competent Authority, Ranga Reddy Districl. The Tahsrldar, Kandukur Mandal, Ranga Reddy Diskict. I p A ...RESPONDENTS Petition under Article 226 ot lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue Writ order or direction more particularly one in the nature of writ of to issue writ order or directiqn more particularly one in the nature of writ of Mandamus and declaring the action of the respondents no.2 to 4 in not correcting the Reyenue entries Survey No.551/e to include remaining 31 Guntas Vide Application No.2400096621 admeasuring Ac.o-35 gts., is agricultural land, situated at Kandukur village Kandukur Mandal,Ranga Reddy District.T.S., ag being illegal,arbitrary and violative of fundamental right guaranteed under Articles 14,21 and constitutional right to property under Article 300-4 of the constiution of lndia.And consequently direct the respondents 2 to 4 to include remaining 31 Guntas in srrlve! \o 551le by issuance of pattedar passbook p lrsuant to Online Application l,io 21,a 10096621 dated 21-09-202 in Dharani Morlul'-' No TM 33 with respect to sutrjer':t and' IA NO: 10F ?92:i petitiorr unc er Section 151 CPC praying that in the r;ircumr;tances stated i4 the affidavit f,iled I I support of the writ petition, the High Court m ay be pleased tQ direct the resporr(tent 2 to 4 to correct Entries in survey No 5li'l/e pursuant lQ ontine Apptir;atirt r No. 2400096621 daled 21-09-202a in i)harani Modulq No.TM.33. Counsel for the F',)titioners:smt'THAKUR ROOPA SINGH Coqnsel for the Fll?Spondents: SRI L.RAVINDER ASSISANT GP FoR REVENUE The Court made the following; ORDER HON'BLE SRI JUSTICE C'V' BTIASKAR REDDY WRIT PETITION No.13563 of 2025 ORDER It is stated that the petitioner is the owner and possessor of thelandadmeasuringAc.0.05guntasinSy.No.549/eandAc.0.35 guntasinSy.No.55l/2,situatedatKandukurVillageandMandal, Ranga Reddy District' having purchased the same through registered sale deed bearing document No'2485 of 2OO4' dated lg.OZ.2OO4. It is further stated that, basing on the said sale deed' the name of the petitioner was mutated in all the revenue records and pattadar passbook and title deed No 445769 uide patta No.l635 was issuecl in his favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act' 1971 and the Rules made thereunder. It is further stated that, while updating the land records in Dharani Portal' the extent of land in Sy.No.551/e was reduced from Ac'O'35 guntas to Ac'O'O4 guntas and therefore, she made online application No.2400096621' dated 27.Og.2024 seeking for data correction and consequential issuance ofnewpattadarpassbookundertheprovisionsoftheTelangana RightsinLandandPattadarPassbooksAcL,2o2o(forshort"the Act9of2O2O").Thegrievanceofthepetitioneristhat'evenafter receipt of the said application, the respondent authorities did not consider the same. Hence, the writ petition' 2 CVBR. J Wr 13563 2025

2. (lon:;t ered the submissions made by the learr,ec counsel for the partie,s and with their consent, this writ petiti,rn is being disposr:C or lr the admission stage.

3. S ri ,. Ravinder, learned Assistant Gove'n:netrt pleader for Revenur:, l,; s; not disputed the issuance of pattaca. J,assbook in favour :,f t h r petitioner and also submission oi tht. ap olication by the pelition:r. Learned Assistant Government Plea:ler further submitt(rd that, pending examination of the petitioner,s applicalion, -he Act 9 of 2O2O has been repealecl anJ I eplaced by the TeleL:eq;rr zr Bhu Bharati (Record of Rights ;n Land] Act, 2O2S (for sho.-t "r I c Bhu Bharati Act") and in terms of tl^ e pr ovisions of the Bhu RtLr; raLi Act, Rules have been framed conrrnonJy called as Telangana l:ilru Bharati (Record of Rights in Land) Rules,, 2025 (for short "ttLe I'il rr Bharati Rules") uide G.O.Ms.No.39, R:vcnue (Land Assistant (ic vernment pleader lurther submii:s t[-rirt since the petitioner h,:: rn466 an application under the pro\rrs ons of the Act 9 of 2O2O nlrr in view of the replacement of the Act ) of 2O2O with Bhu Bharatr \ct, the petitioner is entitled to make rLr a:propriate application irr Bhu Bharati portal and if the petilior-rt,r m,tkes such applicatic'.1 c ulY par;rr* the prescribed fee, th: r rspondent authoriti€.r; \r-c Lrld consider the same in accordance .,.l,t th lirw. - l CVBR, J Wp 13563_2025 In view of the above submissions, this Court is of the opinion

4. that the ends of justice would be met if the petitioner is permitted to make a fresh application under the provisions of the Bhu Bharati Act and the Rules made thereunder and in the event of such application being submitted by the petitioner, the respondent authorities shail consider the case of the petitioner for data correction and consequential issuance of pattadar passbook ln any event, if the petitioner does not comply with the requirements of the provisions o[ the Bhu Bharati Act and the Rules made thereunder, pass a reasoned order and communicate the reasons thereon to the petitioner. The entire exercise shall be completed within a period of three (O3) months from the date of receipt of a copy of this order. 5. With the above observations, this Writ Petition is disposed of' There shall be no order as to costs. 6. As a sequcl, the miscellaneous petitions pending' if any' shall stand closed. ,/TRUE COPY// SD/-L. VIJAYA LAXMI AS ISTANT REG rsT SECTION OFFICER To, The Principal Secretary Revenue Department Sec retariat Hyderabad, The State of Telangana The District collector, Ranga Reddy District' The Revenue Division Off'cer and Competent Authority' Ranga Reddy District The Tahsildar, Kandukur Mandal' Ranga Reddy District' One CC to smt THAKUR ROOPA SINGH Advocate IOPUCI Two CCs to GP FOR REVENUE 'High totlrl Court for the State of Telangana 2 J 4 5 6

7. Two QD CoPies HIGH COUFIT DATED:130rc'412025 l r i I ORDER WP.No.1356.rl of 2025 DISPOSING OF THE WRIT PETITION WITHOUT CCISTS @oTto w- - a:9 .4'-w F. S 14Ic j a ,{ r 3 .l'Jii zfla Z C) I \ ) t,, ", , .,^(

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