Banothu Balu v. 1. The State of Telangana

Petition Under Article 226 of the constitution of lndia praylng that in the circumgtances stated in the affidavit filed therewith, the High court may ps pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of mandamus declaring the against inaction of the Respondent f.,lo2 to 4 in considering the online application No. 2500013887, Dt. 021031202x ryith regard 19 P-assbooh Data Correction in respect of the agriculture land to al extent of Ap 1-04gts in sy No. 9/AA, situated at channaya Palem Villagg Matampally [vandal, sur:yapet District, is illegal arbitrary and violation of articleg 14. 15.21 and 300(4) of constitution of lndia and also violation of principles of natural justiee, consequently direct the Respondent No.2 to 4 t9 consider my application Dl. oaa3no25 and correct the extent as per the existing possessign as well as revenue record, in respect agriculture land to an extent of Ac.1-04gts in Sy.No.9/AA, silui'rte(l at Channaya Palem Village Matampally Vlarrdal' Suryapet District l.A.NO:1 OF 20Zs Petitign Jnde lleption 151 CPC praying that in lhe circ -rmslances stated in the affidavit frleC n so rport of the petition, the High Court may be plerased fo dirqc! the Respondent tJo. 2 to 4 to correct the entries in the paltadl-ar p 3r;s book of the petition in respect of the agriqulture land af the Petitioner to an extent of ,Ae.1r 04gts in Sy Ncr )/AA situated at thannayq Palem Village l,4atarrrpally l)/"nCat, Suryapet Diqtritl ,n flrr.'our of the Petitioner' Counsel for thr: Petitiongr : SSI RAPOLU qHASi(AR Counsel fo[ fhe ReFpcndents : AGP FOR BEYENUE The Cosrt a! (he sta Jr: gf pdmigsip4 Oade th9 following OBDER HON,BLE SRI JUSTICE C.V. BHASI(AR REDDY trIRIT PETITION No.125LO of 2025 ORDER: This writ petition is filed seeking to declare the inaction of respondent Nos.2 to 4 in considering the online application No.2500013887, dated 02.03.2025 with regard to passbook data correction in respect of the agricultural land to an extent of Ac.1.04 gts., in Sy.No.9/AA, situated at Channaya Palem Viliage, Matampally Mandal, Suryapet District, as illegal, arb|uary and for other appropriate relefs'

2. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is being disposed of at the admission stage' It is stated that the petitioner's father was the pattadar 3. and possessor of the land admeasuring Ac.1.04 gts., in Sy.No.9/AA, situated at Channaya Palem Village, Matampally Mandal, Suryapet District. It is further stated that the name of the petitioner's father was mutated in all the revenue records and pattadar passbook has been issued in his favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1977 and the Rules made thereunder. It is further stated that after the death of the petitioner's father, the I 2 C\,'BR, J \Vp_ 2 510 2025 petltion( r ha; acquired the said property. It irs furthe r stated that wh:1e jsii;1ring e-pattadar passbook to ttre lretiliont r under the provis .o r s of the Telangana Rights in Lan d a rd )eLttadar Passboo <s i:.,:' . 2020 (for short "the Act 9 of 2t)2 )") ' o nly an extent ol .,\c.') 20 gts , out of Ac. 1.04 gts., is re:corrle<f and the remainirrg cr t :nt of Ac.0.14 gts., was not recor ded in the passboo <, ttl()r.efore, he made an application ' d:rted O)- ):\.2025 seeking f,): passbook data correction ztnd cc nserlrential issuancr of ;l:'ended e-pattadar passbook. The grie'.'a:r< e of the petitioner .s Lat even after receipt of the said appLicatic'n, the respondr:n - a r :horrties did not consider the sarne. H.e ir:e, the writ peti -ron.

4. Le lnr:<i counsel for the petitioner has veh':tnently contendt:d r h 1i the entries made in the pattadar passb o lk are only conrp la.tion of the survey numbers an'l tlre accot ttrts for the exterrt br::ng mentioned in a particular viJlage and tL erefore, it does r ot t a k : away the right of the petitioner in :rn v' :'lr anner unless tlre en .r ies in the revenue records havr: been t:orrt'cted by following d -re procedure.

5. Sri L..R.rLrinder, learned Assistant Government Ple i<[er for Revenue has; not disputed the issuance of pa.tta<lar passb:ok in 3 CVBR, J wp 12510_202s favour of the petitioner and also the submission of the application made by the petitioner. Learned Assistant Government Pleader further submitted that pending examination of the petitioner's application, the Act 9 of 2020 has been repealed and replaced by the Telangala Bhu Bharati (Record of Rights in Land) Act,2025 (for short "Act I of 2025") and if the petitioner submits online application in the prescribed format in Bhu Bharati Web Portal and if the same fulfrlls all the requirements of the Act 1 of 2025 and the Rules made thereunder, the respondent-authorities wilt consider the same in accordance with iaw.

6. In view of the above submissions, this Court deems it appropriate to dispose of this writ petition permitting the petitioner 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 amended pattadar passbook in respect of subject land. In the event of such application being made by the petitioner and if the same fulfiiis all the requirements under the provisions of the Act I of 2025 and the Rules made thereunder, the respondent-authorities sha1l examine and consider the case of I I 4 C\BR, J Wp l Zl 10 2025 the petit:oner In aly event, if the application oi the petitioner does not fr rlii I the requirements of the Act L of 2O2 5 anrl the Rules made t rr:reunder, the respondent-authorities shall pass a reasoI,- e( r ,l :(ler, in accordance with law and cornr]r 'r icate the sarr.e t.c the petitioner' The entire exercise sL all be complete d rvrl hin a period of three (03) months from the 'lrte of receipt ol r n" a PPlicalion' 7 . Wit h r : : above observations, this Writ l)etit ic n is disposed o[. ']:rere shall tle no order as to costs As a se: rcl, the miscellaneous petitions p'ending' i1 any' shall stan<[ clo;ed 'KXH5B+fi //TRUE coPY/' , \t DULLAH KHAN {T REGISTRAR :- sE( :;1'ION OFFICER The prircil:ar secretary, Revenue oepartmenl$cretariat, s Telanqana at llyderab-ao ' rate of ,:l District. 'lelangana at ilimg*;;+*i$gt'+il*lu+"'''';'":9.::l:: B'.'"u81f ?]J ?'JIto.' BHASKAR' Advocate toPUCl 0 7. Two C[) C oP es To

1. Z, J. 4( SA BS HIGH COUR-T DATED:2410t112025 ORDER WP.No.1251tl o12025 YLq o nc Sf4 ( 0 4 JUN u5 t ,\ .r1 DTSPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT CI]STS. G-.1