High Court · 2025

Petition under Article 226 ol the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue appropriate writ, order, direction, more particularly one.in the nature of Writ of Mandamus to allow the writ petition by setting-aside the orders of Respondent no.3/Joint Collector, R.R.Dist. passed in Revision case No.D5/2502 of 2018 dated 21t12118 December 2019 and consequentially the order passed by the Respondent No.4/Revenue Divisional officer, Kandukur Divis-ion, Ranga Reddy Dist in Appeal case No.A2l9209 of 2015, daled.o2-01-2o18 and orders pr.."d Oy the iespondent No.5/Tahsildar, Kandukur Mandal, R.R Dist in ROR Froc. No. B/189 of 2012 dated. 17'12-2012 in respect of subject lands IA NO:10 F 202!; th",rri::ll|]?Lji:'jf;:,:"1.1,s, cl,g prayins that in the c,rcunstances stated in trr e ne s p o n o,:; ;,, ;";,,,,X "J.!?:i,".]{ fJ,ff I,: [ :,t.,pX, ? ; ;t*"t,fu ; j regat heirs of nry ct:ceasso O.thlrieri;;;Vg;.:r_ar Rr:ddy namety B.Rama Bi'il;,"t^i#,lXl l:"oloJ "o ex"".thil,i'E,r=n'r,, venkat iam Rbddy and iiii" , ,.oJl'"lllo","!T ,iT.,:i,TIJilXi T. isst e o ,,1,,i'pli?p",, _eoors "nJ made entries n Orr i_re Ofr".""i Ii*,!,, E,,uuc_rrrenr tn respect o subject land and or c,.,"J,:,",i,i,in!,",,?l;::l:l,J::::1 ii'ilii,liJlll,,,o ffi"r:T:?ii*iJ, Counsel for the pr:titioner: Counsel for the Rr:r;pondents: SRI L. RAVINDER AGp FOR REV ENUE The Court marle tl r, following: ORDER SRl. A KESHAVA REDDY HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.11851 of2o25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief "...-to issue appropriate Wit, order direction more Particularlg one in the nature of Wit of Mandamus to allotD the wit petition by setling aside the orders of Respondent No.3/ Joint Colledor, R.R Dist passed in Reuision Case No.D5/2502 of 2018 dated. 21/12/18 December, 2O19 and consequentially the order possed bg the Respond-ent No.4/ Reuerute Dtuisional Olficer Kandulanr Diuision Ranga Reddy Dist in Appeal Case No.A2/ 92O9 of 2O15 dated 02.O1.2O78 and orders passed bg the Respondent No.S/ Tahsilda4 Kqndulstr Manda[ RR Dist in ROR Proc.No.B/ 189 oJ 2012 dated 17.12.2O12 in respect of subiect lands...."

2. Considered the submissions of Sri A. Keshava Reddy, learned counsel for the petitioner; Sri L. Ravinder, learned Assistant Government Pleader appearing for the respondents and with their consent this writ petition is disposed of at the admission stage.

3. It is the case of the petitioner that his father namely late Sri Bathula Harikishan Reddy was the owner and possessor of lands admeasuring Ac.43.27 guntas in various survey numbers situated at Gummadavelli Village, Kandukur Mandal, Ranga Reddy District, having acquired the same by way of succession, and his name was recorded in all the revenue records and the revenue authorities have also issued pattadar passbooks and title deeds in his favour' It is further stated that after the death of the petitioner's father, the '/ ,l 2 entlre ex:e1t ('i land was mutated in the name of peLtior:r,s mot-her namely l:rtr: Ii Laxmamma, vide proceedings No.l3/ I i)9 /,. Ol2, dated. -12-2012, rnc there was no partition among thr. co_sha .ers during her lifetirnr: ir respect of the subject lands. It is the ,ase of the petitioner t-rat rris late mother, B. Laxmamma, e>:ecuted lift deed in favour of the or.her legal heirs, excluding the per_itioner rnd taking advantagt: of :,lrr: same, the names of the other co-sharers have been entered ir the r:venue records and they have started cla; zring right over the errtir: propert5r, therefore, he hled an al)pe€ I in Case No.A2 /92t)9, of 11015 before the respondent No.4-Flevenue Divisional Oflicer (RDr)) r hallenging rhe ROR proceedingr; No.B/ 189 /2012 dated 17. t.2 2,C)2 issued by respondent No.S, and the ;ame was disposed cf virl; e.6.. dated O2.Ol.2Olg directin6l tht: pe itioner to approach r_he F I)O after the disposal of the suit in ().S. ,io.g39 of 2015 whicl-r rvzLri hled by one of the brothers of the petitior er on the file of the I)rin,; Jral District Judge, Ranga Reddy. Aggriev,rd by the said order, thr, ,etitioner hled a Revision under Seciion 9 of the provisions rf tl.t, Tslzng2na Rights in Land and pattadar p rssbooks Act, 197 I fcr st.ort ,Act, 79Zl) before the respo;rderrr N r.3_Joint Collector, anrl tL t: same was dismissed vide order clate<l 21 12.2O1g in Case No D5r ,);O2l2olg. The grievance of the petitione . is that he submittr:d an applications seeking mutation and c,tnsr quential issuance of lrar tadar passbooks to the extent wtrich falj ; to his 3 share, to enable him to enjoy his possession over the said property' /i but till date no action has been taken by the respondents' l,earned counsel for the petitiorrer submitted that as per the 4. Hindu Succession Act, 1956, the petitioner along with other co- sharersaretheClass-IlegalheirsofLateBathulaHarikishanReddy and only to facilitate the revenue authorities for payment of revenue cist/tax, the name of the petitioner's mother was recorded in the revenue record, and after the death of mother, the petitioner along with other co-sharers are entitled for equal share of the subject prope'rty. karned counsel further submitted that as per the provisions of the Telangana Land Revenue Act, 1317 Fasli (Act No' VIII of 13 17 Fasli), the name of the Karta w-ill be recorded as pattadar and the remaining co-sharers as hissadars' and accordingly, the name of the petitioner has been recorded in the pahanis as hissadar to the said extent oflands' In view of the above, since it is stated that the petitioner has 5. submitted an application for grant of succession certifrcate' this Court is of the opinion that ends of justice would be met' if respondent No.5 is directed to examine the application submitted by the petitioner duly taking into consideration of the entries made earlier in the pahanis in respect of the subject lands ln the event if the application submitted by the petitioner fulhlls all the I ) 1 \ 4 . requirerrent:; llnder the Telangana Bhu Bharati (Recorcl :f Rights in Land) Act, 2)25 (for short "the Bhu Bharati Act,,) zLnd .n terms of the provr.srorLr; of the Bhu Bharati Act, Rules have b, .en framed commonly ce llr:d as Telangana Bhu Bharati (Record o Rights in Land) Rrrl,rs. 2O2S (for short "the Bhu Bh.rrati R rles,,), the respondent.arrt eorities shall consider the case oi thr: pe itioner. In any event, if the application of the petitioner does not fulfill the requiremenrs cf the Act I of 2O2S and the Rules ma<le tl ereunder, the responde nr.-aqthorities shall pass a rea soned trder, in accordanc,: with law and communicate the same to rhe Detitioner. The entire excrcise shall be completed within a perird r f four (4) months frorr th: date of receipt of the application. 6. With the ircove observations, this writ petition is; dir posed of. No order as tl r:o,sts. As a sr: 1lrsl, shall stanrl c I tsed. the miscellaneous petitions pendinl . it any, SDr .s$tsrAi .A. JAYASRFF IT REGISTRhR_ t.l SEC''1ON OFFICER To, 1 The principal //TRUE COPYII I z 3 4 5 S er:retary, Revenue Depart rr-'':tor, Ransa Reddy Dish #E,g*f '.L1 I3Ei3l"t,tsi!:r:tc r, Ransa Reddy Disrrict, ilHf,::R::,,",,, I I [,j.]%Bf i:i,il,:?i:T,T I5#3ill?;ii f 3;flU1"%13ff r Kanduku ment, s ict, Kongarakalan, etariat, Hyc erabad R F District, I Kongarakalan, R R I istrict, 3,;8.r, Kancukrrr Vir age and r Village and [4anr:Ja/ langa

6. One CC to SRI- A KESHAVA REDDY Advocate [OPUC] 7. Two CCs to GP FOR REVENUE 'High Court for the State of Telangana

8. Two CD CoPies KKS BS\{fl \ HIGH COUI?T DATED:21 t04tZO2S ( t ORDER WP.No.I1B5,t of 2O2S /.../ -)' ) O1JUL M t Sr , l(-. \i:l .,i \ -a* f / .DISPOSING THE WRIT PETITION WTHOUT CO$TS ,0 b