Nelli Rajaiah v. 1. The State of Telangana

PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith ' the High Court may be pteased to issue an appropriate Writ' order or direction more particu{ady one in the nature of Writ of MANDAMUS declaring the action of the respondents 2 to 4 in not rectifyingtheentriesintherevenuerecordsandnotincorporatingthepetitioner.s nameaSpattadarandpossessorpertainlngtotheagriculturelandinanextentof Ac.1.00 guntas situated in Sy No 485/2 of Potlapalli Village' Husnabad Mandal' Siddipet District pursuant to the assurance of the 2nd respondent through the PrajavaniReceiptdated04-0T.2022asillegal,arbitraryandviolativeofart.rclesof 14,2land300.AofConstitutionoflndiabesidesviolativeofprinciplesofnatural justice and consequently direct the respondents 2 to 4 to mutate the narne of the -+.-..- petitioner in the revenue records pertaining to the above stated agricurturar rand and also to grant new e-pattadar passbook_cum_tifle deed. lA NO: 1 oF 2025 Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents 2 to 4 to take appropriate further action pursuant to the prajavani Acknowredgment Receipt issued under pridavani by the 2nd respondent on 04_07_ 2022 ror rectification of revenue entries pertaining to the agricurture land in an extent of Ac.1.00 guntas situated in'Sv.No.4g5i2 0f poflapaili viilage, Husnabad Mandal, siddipet District. pending disposar of the writ petition in this Hon,bre Court. Counsel for the petitioner: SRt VADLAKONDA RAV| KUMAR REDDY counsel for the Respondents: sRr L.RAVTNDER, AGp FoR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.1191 6of 20.25 ORDER: Itisstatedthatthepetitioner'sfatherbynameNelli Kanakaiah was the absolute owner and possessor of the agricultural land admeasuring Ac I OO guntas in Sv'No'485/2' situated at Potlapalli Village, Husnabad Mandal' Siddipet District. It is further stated that the name of the petitioner's father was entered in the revenue records and the respondent authorities also issued Final Registry of Rights (1-B) as per the of the Telangana Rights in Land and Pattadar RORO2 L6O792OO78' dated Act, lg7l uide 13.05.2016. It is further stated that' alter the death of his father, the petitioner had succeeded to the said property and on verification of the Dharani Portal' he came to know that the narnes of the third parties havc been entered and therefore' he made representations, dated l5' ll''2021 and' 04 'O7 '2022 before respondent Nos.2 to 4 seeking for deletion of the entries and to Passbooks provlslons enterhisnameaSownerandpossessor.Thegrievanceofthe petitioner is that, even after receipt ol the said representations' the respondent authorities did not consider the same' 2 CVBR. J Wp-t 1916 2025

2. Consiclered the submissions of the learned couhsel for the petitioner and Sri L.Ravinder, learned Assislant Government Pleader lor Revenue appearing for respondent Nos. 1 to 4 and with their consent, this writ petition is being disposed o[ at the admission stage.

3. Learned counsel for the petitioner has vehemently contended that, once the name of the petitioner,s lather is recorded in Final Registry of Rights (1_B), the respondent authorities do not have any right to deny the right and entitlement of the petitioner for grant of pouthi Izafa for the lands which stand in the name of his father.

4. Learneci Assistant Government pleader for Revenue has ltot disputed the entries made in 1_B register. Learned Assistant Government pleader further submits that thc petitioner has not submitted online application rn appropriate module o[ Dharani Web portal duly enclosing all the documents and i[ such an application is submitted and the said application fulfils atl the requirements of the provisions of the Telangana Rights in Land and pattadar passbooks Act, 2O2O and the circular insrrucrions issued by CCLA uide circular No. I of 2O2l, !R!:q:!q!t J CVBR, J Wp_l 1916,2025 dated 15.01.2021 and Circular No'1 of 2024, dated2S'O2'2024' the respondent authorities would take appropriate action' It is settled law that as per Rule 14-A of the Telangana 5. Rights in Land and Pattadar Passbooks Rules, 19B9 (for short "the Rules"), after the publication of the notification in Form IV' the Mandal Revenue Oflicer shall arrange to recast the information in Form-I into Form I-B and authenticate the entries in respect of each person. If, for any reason, the confirmation of the Record of Rights in any village under sub-rute (1) of Rule 13 or the issue of notifrcation as in Form-N, in respect of any village is held up, then the Collector may, by a special order' auttrorise theMandalRevenueoflicerinwhosejurisdictionthevillageis situated to get the register in Form I-B prepared lor the village excluding the Survey numbers/sub-division numbers for rvhich claims in Form III-A are received' The register in Form 1-B so prepared, shall be test checked and shall also be read out in a register shall be Grarna Sabha, and the entries in the authenticated by the Mandal Revenue Officer that, as per sub-Rule 2 of Rule 14-A of the Rules' after preparation of the register in Form I-B, the Mandal Revenue Oflicer shall arrange to get the title deeds and Pass Books It is furthe r seen 4 CVBR. J Wp-l l9l6 2025 prepared with reference to the entries in Form I_B.and deliver the same to the persons concerned in.a Gram Sabha. 6' It is the case of the petitioner that once the entries are made in Form 1-B, a presumption has to be drawn under Section 6 of the Telangana Rights in Land and pattadar Passbooks Act, IgZt (for short "the ROR Act, 1971,) which states that every entry in the record of rights shall be presumed to be truc until the contrary is proved or until it is otherwise amended in accordance with the provisions of the ROR Act, 197 t. 7 . A read ing o[ the above provisions would manifestll, establish that once Lhe entries are made in Form_ l B, a presumption has to be drawn to the said entries for entitlement of the petitioner for issuance of pattadar passbook by granting Pouthi Izafa. Ir-r vicn, of the above statutory provisions, this Court deems it appropriate to dispose of this writ petition permitting the petitioner to make appropriate online application as per the procedure prescribed in Telangana Bhu Bharati (Record of Rights in Land) Act, 2O2S (for short .,the Act I ot 2025"1 and if such an application is submitted duly enclosing all the documents, the respondent authorities are directed to !!*ry 5 CVBR, J tVp l1916 2025 examine the claim of the petitioner for issuance of pattadar passbook by granting Pouthi Izafar In any event, if the petitioner does not satisfy any of the requirements, the respondent authorities are directed to pass a reasoned order and communicate the same to the petitioner. The entire exercise shall be completed within a period of three (O3) months from the date of receipt of the application submitted by the pctitioner.

8. With the atiove observations, this Writ petition is disposed of. There shall be no order as to costs.

9. As a sequel, the miscellaneous petitions pending, if any, shall stand closed //TRUE COPYII SD/. A. SRINIVASA REDDY AS ISTANT REGIST SECTION OFFICER To, 1- Principal Secretary, Department of Revenue, Dr. g.R.Ambedkar Telangana State Secretariat, Hyderabad, The State of Telangana. 2. The District Cottector (Revenue), Siddipet District, Siddipet. 3. The Revenue Divisionar officer, Husnabad Division, Husnabad, siddipet District.

4. The Tahsildar, Husnabad Mandal, Siddipet, Siddipet District. 5. One CC to SRt VADLAKONDA RAV| KUMAR REDDY Advocate tOpUCl 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. , I I I I l l i I Two CD Copies @f -)-..' ) 7 BGS GJP HIGH COURT DATED: 2210412025 I ORDER WP.No.11916 ot 2025 / i_. I !\ j.4 f 2 3 AIJG 206 a) a- .:-|, DISPOSING OF THE WRIT PETITION WITHOUT COSTS uL