Kavali Krishnaiah v. Secretariat, Hyderabad

Petition rrrder Section 151 cPC praying that in ther circurr,stances stated in the affidavit 'il.rc ir support of the petition, the High c.urt ma! be pleased to issue lnterim cirtc irn to respondent no 2 and 3 to process re applications made by the pe tilio rers for issuance of patiadar passboof ir rest,ect of the land admeasuring tc t1e F'etitioner no 1 land, to an extent o{ Ac 0.3(t gts in Sy no. 406C/1 and Ac 0 0i 1/2 gts in Sy no. 40lC2l1 , to the petitioner n: 2 land, to an extent of Ac 0.36 gts .n Sy no. 4OGC|2 and Ac 0.03 gts in jy io AO7C2|2 and to the Petitioner no I ! rrd, to an extent of Ac 0.36 gts in sy nc. 406c /3 and Ac 0.02 112 gts in Sy nc. 107c2/3 of velgonda village chinnambavi mand;rl, wanaparthy dist pending discr s:rl of the writ petition Counsel for the Pet tioner: SRl. RAJAGOPALLAVAN TAyl Counsel for the Respondents: SRI L. RAVINDER, AGp FOR REVE NUE The Court made the following: ORDER .-l HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.11812 of 2o25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is hled seeking the following reiief: '....to issue any tuit, order or direction more particularlg one in the nature of Wit of Mandamus bg decLaing the inaction of respondent Nos.2 and 3 in issuing Pattadar passbook in the name of petitioners pursuant to the apptication dated 07/03/2022 and respondent No3 proceeding dated 01/ 05/ 2023 to the Petitioner No 1 land to an extent of Ac.O.36 gts in Sg.No.4O6C/ 1 and Ac.O.02 1/2 gts in SA.No 407C2/ 1 to the Petiioner No.2 tand to an exlent of Ac.O.36 gts in Sg.No.406C/ 2 and Ac.0.O3 gts in Sg.No.4O7C2/2 and to tlle Petitioner No.3 land to an extent of Ac.O.36 gts tn SA.NI.4O6C/ 3 and Ac.O.O2 /. gts in Sg.No.407C2/ 3 of Velgondct uiLlage, Chinnambaui mandal, Warlaparthy dist is iltegat, arbttrary qnd unconstituttonal and consequentlA dtrect tlle respond.eit No.2 to issue pottaddr passbook in respect of the land admeasuing to the Petitioner No.1 land to an extent of Ac 0 36 gts in Sg.No.406C/ 1 ond Ac.O.02 1/2 gts in SA.NI.407C2/ 1 to the Petitioner Ui.Z Una b an ertent of Ac.O.36 gts in SA.No.4O6C/ 2 and Ac.O 03 gts in Sg.No.407C2/ 2 and to the Petitioner No.3 land to dn ertent of Ac 0'36 gis in Sg.No.406C/ 3 and Ac.0.O2 % gts in Sg.No.407C2/ 3 of Velgonda -uitlage, Chinnambaui mqndol, Wanaporthg dist pursudnt to the respondent No.3 proceeding dqted 01/ 05/2023...."

2. Considered the submissions of the learned counsel for the petitioners; Sri L. Ravinder, learned Assistant Government Pleader appearing for the respondents and with their consent this writ petition is disposed ol at the admission stage. It is stated that the father of the petitioners purchased land to

3. an extent of Ac.2.28 guntas in Sy.No.4O6C and Ac.0.O8 guntas in Sy.No.4O7C2 in to[a1 admeasuring Ac.2.36 guntas situated at 2 Velgonda \u ll rg:, Weepanagandla Mandal, Wanal:artrv )isrrict, through regist r;r':: sale deed bearing No.764 of 198O, aritl h s name was recordeC ir t he revenue records and the revcllu,l zrr-L horities have also iss ucrl pattadar passbooks in his far,ou: utr:ler the provisions o- r h( 1'eizlngana Rights in Land and Pattrtd:ri Pit ssbooks Act, 1.971 (fc r- :;1 o;'t 'Act, 1971'). It is the case of the :ct tiorr:rs that after death ol t leir father in the year 2OO5, they hzr',r,: sr- bmitted several reprlser tations and also made online applr:at.icns seeking to grant pcrL i. it,tfo (succession cerLificate) and l:rr issu irncc of pattadar par;s:rcc l:s in their favour to the said extelrts. btll till date no action ha s be err taken by the respondents.

4. Learnr)c : runsel for the petitioners subnritt,:C t tat the respondents l a't: not considered the applications slrbrrLilte I bv the petitioners Io, lssuance of pattadar passbooks ancl in vie',,' of not issuing patt r(.ar- 1;assbooks, the petitioners are not tn ir po ,;ition to receive vari,t s ir.centives as investment subsidies; sancti rncd by the Governrn ,'n t under various schemes for cultit'at on ,tf thcir lands. Learn rd :runsel further submitted that the pertitior rers will submit an cn ine application by duly enclosing the joirrt co Iscnsus family sett r: rr n deed for grant of pouti izofa lsu rcession certificate) in :h:il favour in respect of the lands purchasecl by their father throuql r reelstered sale deed. " \.= I J

5. Learned Assistant Government Pleader for Revenue appearing for the respondents, on written instructions, would submit that the respondent No.3-Tahsildar has passed proceedings No.Al L2O / 2023 dated 01.05.2023 stating that as per the Record of Rights, it was found that the extent in Sy.Nos.406 /L (Ac.2..28 guntas), 4O6/8 (Ac.2.2a guntas), 406lC (Ac.2.26 guntas), 406/D (Ac.s.16 guntas), aO6lE {Ac.2.28 guntas), aO6lF (Ac.2.31 guntas) total admeasuring Ac.18.37 guntas, and as per RSR, the area on ground is Ac. 18.39 guntas, but in the Dharani Portal, it is recorded as Ac.21.23 guntas which is not correlating to the extent in RSR and it is over and above the extent of Ac.2.24 guntas recorded in RSR. It is further stated that when the Old ROR of Sy.Nos.4O6 and 4O7 was examined, the extent is correlating with RSR area and while preparing the revision survey in terms of the provisions of the ROR Act, the area of Sy.No.4O6/D was recorded as Ac.O.18 guntas, and the area of Sy.No.406/E was recorded as Ac.0.20 guntas more. But during the Land Records Updation Programme (LRUP), it is found that the area of Ac.2.24 guntas in Sy.No.4O6 and the area of Ac.1-.12 guntas land is recorded excessively. It is further stated that the area in Sy.No.406 is Ac.2.24 guntas and the area in Sy.No.4O7 is Ac. 1.12 guntas of land is recorded more, and in view of excess land recorded in Sy.Nos.406 and 4O7, which is not co- relating in the Dharani Portal, the names of the petitioners were not 4 mutated i:r t1: r revenue records. It is further stated that the Tahsildar is :, rrr'erred with power to amend the t-:r,.e tuc, records/ grant of pol ltri zafa and if the petitioners enclol;:s ,tll r ecessary documents , : nr 1 -, drng consensus settlement deed, t l-rct r cas es u,ould be conside 'e 1 ; t -ictly in accordance with the extc.ltr rnen ioned in the RSR

6. In vre.,. oI the above submissions, this Cor:rt c eems it appropriate t r rl is;pose of this writ petition permittirLg the J etitioner to make app opl.rate online application in the pres<:rilted f rrmat in Bhu Bharat i t,tt,:: portal, by duly enclosing the rele vanr clo :uments for mutatiotr ,l tt-eir names in the revenue records in r:,tspe cL of Lhe actual extetr t a..,ailable and for issuance of pattad,: r passl rooks in their favout. ln the event of such application being r-radt bv the pelitioners ;rr :1 if thc same fulhlls all the requrrentents ut rcler the provisions of .h,: "elangana Bhu Bharati (Record of Rigrts n Land) Act, 2025 (il. r; tort "the Bhu Bharati Act,) and ir t.:rrn r of the provisions o l h c llhu Bharati Act and the Rules m.l dc thel (lunder, the respond:r t rL.thorities shal1 examine and consi,ler rhr: case of the petitioncr- r. Ir any event, if the application of the pel rtioners does not fulfi I lr _- requirements of the Bhu Bharatr 1rr:t , rnd the Rules made t:rr:reunder, the respondent_authoritie l; shall pass a reasoned orce-, n accordance with law and communiczr.c l.t e same : i , I ! 5 to the petitioner. The entire exercise shall be completed within a period of three (03) months from the date of recelpt of the application.

7. With the above observations, this writ pgtition is disposed of. No order as to costs As a sequel, the miscellaneous petitions pending, if any, shall stand closed IITRUE COPYII s D/-A.SRINIVAS REDDY A SISTANT REGISTRAR SECTION OFFICER The Princi pal Secreta ry, Revenue Department, S The Distri ct Collector,WAnaparth y District The Tahs ildar, Chinnambavi Ma ndal , Wanaparth y District One CC to SRt. RAJAGOPAL LAVA N TAYI ,Ad vocate toPUcl Two CCsto GP FOR REVENUE,Hi gh Court fo r the State of Telangana at riat, T.S.,Hyderabad. To,

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4. q Hyderabad 6. Two CD Co B M /BSK HIGH COURT DATED:21 ,t0412025 ORDER WP.No.1181:2 of 2025 -rFi: S ,1-A re I// i -) J t. \ 2flJtr{ M '.:.\ t:?! sn, t gED c z o DISPOSING OF THE WRIT PETITION WITHOUT COSTS /a 1z I i i : i t l I I t i I I I I I I i ! i i i I