High Court · 2025

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ more particularly a Writ in the nature of a Writ of lVlandamus or any other appropriate writ or order or orders declaring the action of Respondent No.2 to 4 in rejecting the application of the Petitioner for issuance of New Pattadar passbooks with single word Rejected for his lands in Sy. No. 1 14lAA2 total extent of Ac. 2.2600 gts in Nagaram Village, Devarkadara Mandal, IMahabubnagar District inspite of the Petitioners name being reflected in online Dharani portal, without calling for records and without affording any opportunity of hearing to the Petitioner as being illegal, arbitrary, violation of principles of natural .justice, consequently direct Respondent Nos. 2lo 4 to issue new pattadar passbook cum title deerds with respect to his lands in Sy. No. 114-lA,\2 total extent of Ac. 2.2600 gts in Nagaram Village, Devarkadara Mandal, t'/ahabubnagar District, after due encrriry and duly affording an opportunity cf hearing to the Petitione r. |.A.NO:1 OF 2025 Petition Under Se,ction 151 CPC praying that in the circumstzrnces stated in the affidavit filed in srrpport of the petition, the High Court may be pleased to direct the responrlents 1o initiate enquiry for issuance of New Pattadar passbook cum title deeds tc th,: l)etitioner with respect to his lands in Sy. I'lo. 114lAA2 tolal extent of Ac. 21l-600 gts in Nagaram Village, Devar[<at:ara Mandal, Mahabubnagar Dist'ict by duly issuing notice and providinll opportunity of hearing. Counsel for the Petitioner : SRI S.GOUTHAM Counsel for the Rescondents : AGP FOR REVENUE The Court at the star;e of admission made the following ORDEFI ,/r HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.125O8 of 2O25 ORDER: This writ petition is filed seeking to declare the action of respondent Nos.2 to 4 in rejecting the application of the petitioner for issuance of new pattadar passbooks with single word "rejected" for his lands admeasuring Ac.2.2600 gts., in Sy.No.1 14l AA2, situated at Nagaram Village, Devarkadara Mandal, Mahabubnagar District, inspite of the petitioner's name being reflected in online Dharani portal, without calling for records and without affording any opportunity of hearing to the petitioner as illegal, arbitrary and for other appropriate reliefs.

2. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent this writ petition was disposed at the admission stage.

3. It is stated that the petitioner is the owner and possessor of land admeasuring Ac.2.26OO gts., in Sy.No' 114lAA2, situated at Nagaram Village, Devarkadara Mandal, Mahabubnagar District, having acquired through succession from his father and the respondent authorities have mutated his name in the 2 CVBR, J Wp 12508_2025 revenue rer;orrls and also issued pattadar passbook urrder the provision s of Lhe Telangana Rights in Land anc . )attadar Passbooks I'c:'., 197 I (for short 'the Act, .197 l') and lh e Rules made therelLn fer uide Patta No.1459. It is further r;tated that after introdr- cLi)n of the Telangana Rights in Larrd anC l)attadar Passbooks \<J,, 2O2O (for short 'the Act, 2O2O), appli< at.ons are invited for isslurnce of new pattadar passbooks and p -rn;uant to the same the Fretitioner has filed an online applicaticr-r -hrough Dharani portzrl in TM 33 module, uide No.240008.1( t5zr , dated

22.O8.2024 tbl issuance of new pattadar passbook in respect of the subject propcrty. Howevcr, the said application h,rs been rejected u'itnorrr assigning any reasons.

4. Learned counsel for thc petitioner has r,:h,:mently contendecl thir- issuance of e-pattadar passbookr; Ls only consequelltr€r1 rLcL of carrying the entries whicir h,ave already been macte -rrrrler the provisions of the Act, 1971, therefore, unless and Llltil earlier passbooks have been czrrLce lled by following lhe du e procedure, the respondent authoritr:s are not having an1 l:)ower or authority to reject the a pp lication submitted b1 t he petitioner that too without assigning any valid reasons. Learncd counsel further submitted tl-rat tlre entries { 3 CVBR, J Wp 12508 2025 made in the pattadar passbook are only compilation of the survey numbers and the accounts for the extent being mentioned in a particular village, therefore, it does not take away the right of the petitioner in any manner unless the entries in the revenue records have been corrected by following due procedure.

5. Sri L. Ravinder, learned Assistant Government Pleader for Revenue, has not disputed the issuance of pattadar passbook in favour of the petitioner under the provisions of the Act, 1971. He further submitted that the petitioner has not enclosed all the relevant documents and also not submitted the online application in the prescribed format through Dharani Portal and therefore, the application ol the petitioner was rejected. He further submitted that the Act, 2O2O has been repealed and replaced by the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 (for short "the Bhu Bharati Act") and in view of the replacement of the Act, 2O2O with Bhu Bharati Act, if the petitioner makes a fresh application in the prescribed format in Bhu Bharati web portal duly paying the prescribed fee and if the said application satisfies all the requirements of the Bhu 4 CVBR, J Wp_ l2'i08 2025 Bharati Acl. a ed the Rules made thereunder, [he l es )ondent authorities g'o rld consider the same

6. This Corrrt has carefully examined the text me;szrge sent by the rt:r;pcndent authorities rejecting thc a p;:lication submittecl b]. t he petitioner for issuance of e-pattadzrr pr rssbook in respect ol the subject property. Except saying t rat the application sr-rtrmitted by the petitioner is rejr:ctcd rro valid reasons u,hatsoever has been assigned to enable lhe pr titioner to take appr op;-iate action. Since the said message is not in consonan.e lvith the principles of natural justice, t h e ;ame is 1iab1e to be s:t zLside and accordingly, the same is set : sirle. 7 . Accorriillsly, the Writ Petition is disposed of ,rer mitting the petitione r r.o make a fresh application under the :r<,visions of the Bhu Bl-urrati Act and the Rules made thereund,tr ;eeking to issue n1-- 1. pattadar passbook in respect of the subject property. in tlLr: event of such application being male by the petitioner a n<1 if the petitioner complies with z.il the requirements r-urder the provisions cf the Bhu Bharati 1\.ct and the Rules macle thereunder, the respondent authc r tie s shall consider the case of the petitioner. In any event, if the pe:itioner has not szrtisfi< <1 with the requirements of the provisionr of the 5 CVBR, J Wp_12508_2O25 Bhu Bharati Act and the Rules made thereunder, the respondent authorities shall pass a reasoned order and communicate the same to the petitioner. The entire exercise shall be completed within a period of three (03) months from the date of receipt of a copy of this order

8. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE GOPY// To

1. The Principal Secretary, Revenue Department, Sd/. P. PONNA KRISHNA SISTANT REGISTRAR SECTION OFFICER cretariat Buildings, State ot Telangana at HYderabad.

2. The District Collector, Mahabubnagar District' i. ffr" Revenue Divisional Officer' Mahabubnagar Division' Mahabubnagar 4. The Tahsildar, Devarkadra trilandal, Mahabubnagar District' S. fwo CCs to GP for Revenue, High Court for the State of Telangana at District. Hyderabad. [OUTI

6. One CC to SRI S.GOUTHAM, Advocate [OPUC] 7. Two CD CoPies SA MP ) ltrt sra Ie ( e d ti 1 'rAi zoz5 ,, -. t \ ) i. -: s ,at r1'l 6-O s C { HIGH COURT DATED:2 410412025 ORDER WP.No.12508 of 2025 ALLOWING THE W.P AT THE STAGiE OF ADMISSION WITHOUT COSTS. &l