High Court · 2025

Petition under Article 226 of the Constitution of India praying that in lhe circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass order or orders one in the nature of WRIT OF MANDAMUS by declaring the action of the respondent no.4 for not considering the representation made by the petitioner on 0410312024 and also on o4to3t2o25 for cancelling the entries made in favour of third parties and mutate the petitioner's name in the records in respect of land in sy no.537, 539, 540, 654, 655 and 656 of Turkayamjal Village, Abdullapurmet Mandal, Rangareddy district and to declare the said action of the respondents totally illegal, improper, arbitrary, unjust and contrary to the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resetflement Act, 2013, and 3004 of the constitution of lndia. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent no.4 for considering the representation made by the petitioner on 04-03-2024 and also on 04-03-2025 for cancelling the entries made in favour of third parties and mutate the petitioners name in the records in respect of land in sy no. 537, 539, 540, 654, 655 and 656 of Turkayamjal Village, Abdullapurmet Mandal, Ranga Reddy district, till pending disposal of the main writ petition. Counsel for the Petitioner: SRl. SURESH SHIV SAGAR Counsel for the Respondents: SRI L. RAVINDER AGi, FOR REVENUE The Court at the stage of admission made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PE-TITION No .12605 of 2o25 ORDER . It is stated that the father of the petitioner by name Kova Lingamaiah had purchased the land admeasuring Acs.68.22 guntas in Sy.Nos. 538, 539, 654, 655, 656, 54O and 537, situated at Turkayamjal Village, Abdullapurmet Mandal, Ranga Reddy District, vide sada bainama, dated lO.O4.l9ST and, enjoying the absolute rights. It is further stated that, by virtue of long possession and the entries made in the revenue records viz., Chessala Pahani, pahanies, continuously, the petitioner father perfected title by adverse possession. It is further stated that, after the death of her father, the petitioner succeeded to the said property. It is further stated that, disputing the right and entitlement of the petitioner and her. family members over the land admeasuring Acs.6.3O guntas in Sy.No.539, a suit for declaration and consequential injunction was hled uide O.S.No. 163 of 2072 on rhe file of the Junior Civil Judge, Hayathnagar and the said suit was decreed. Aggrieved by the said judgment and decree, A.S.No.29 of 2023 was hled before the VIII Additional District arrd Sessions Judge, Ranga Reddy District at L.B.Nagar and pending adjudication of the same, the I \-" l - 2 CVBR, J wp-12605 2025 petitioner along with famiry members fired o.S.No.6 i0 of 2018 before the XII Additional District and Sessions ,Judge, Ranga Reddy District at L.B.Nagar and filed W.p.No. 10747 of 2025 on the file of this Court and the same are pending. It is further stated that, some of the third parties, who are politically influential, have colluded with the revenue officials and got entered their names in respect of the subject property, which action necessitated the petitioner to hle reprt:sentation representations, dated 04.O3.2O24 and 04.03.2025 seeking cancellation of the entries made in favour of the third parties. The grievance of the petitioner is that, even after receipt of the said representations, the respondent authorities did not consider the same. Hence, this writ petition.

2. Considered the submissions made by the learned counsel for the petitioner and Sri L.Ravinder, learnecl Assistant Government Pleader for Revenue appearing for respondent Nos.f to 4 and with their consent, this writ petition is being disposed of at the admission stage.

3. Learned counsel for the petitioner relied upon Rule 10 of the Telangana Land Revenue Rules, 1951 (for short .the Rules, 1951") framed under Section lZ2 of the Telangana Land / 3 CVBR, J Wp.12605 2O25 Revenue Act, l3l7 Fasli (for short "the Act"), wherein in a summary enquiry, parties who have no documents of title, are shown to have been in possession of holding as reputed owners of land for twelve years or more, transfer of registry shall be made after notice, as provided in Rure 6. Action under this rule shall be taken by the revenue officers either on their own motion or on the application of the parties concerned. payment of revenue as evidenced by the production of cist receipts or by the testimony of the village officers may be taken as proof of possession. In the absence of such proof, oral evidence of possession may also be accepted. Learned counsel for the petitioner has vehemently contended that since long time the petitioner's family members are in possession of the subject property and they are entitled for mutation and consequential issuance of pattadar passbook as per the provisions of the Telangana Land.Revenue Act, l3l7 Fasli and the Rules made therein.

4. Learned Assistant Government pleader for Revenue appearing for the respondents, contended that as per Rule 3 of the Rules, 195 1 , the provisions of these rules relating to transfer of registry of holdings shall apply to those areas where 4 CVBR, J wp i2605 202s the record of rights have not been prepared as per Record of Rights in Land Regulatrons, 1358 Fasli- In areas where the record of rights have been prepared/ introducr:d under the Regulation 1358 Fasli, transfer of registry of holcling shall be governed by provisions of the Regulation l3S8 Fasli and the Rules made thereunder. The learned Assistant Government Pleader further submitted that in view of framing of the regulations of Record of Rights in Land Regulations, I35g Fasli and thereafter enacting the Telangana Rights in Land and Pattadar passbooks Act, lg|T and the Telangana Rights in Land and Pattadar passbooks Act,2O2O, replaced by Teiangana Bhu Bharathi (Record of Rights) Act, 2o2s (for short ,.Bhr-r Bharati Act, 2025"), the petitioner is not entitled for consideration of mutation and consequential issuance of pattadar passbook under ROR Land Regulations I35g Fasli. 5. Be thdt as it may, the Record of Rights in Land Regulations, 135g Fasli, the Rules framed under the said Regulations applies to the persons, who are founcl to be in possession since long time for recording their names in the Registry of Holdings. It is the case of the petitioner that her father had purchased the propergr in the year 1957 and the 5 CVBR, J wp 12605 _2025 family members of the petitioner have been in continuous possession and their possession has been depicted in all the revenue records and therefore, prays this Court to direct the respondents for mutation of her name and consequential issuance of pattadar passbook as per the provisions of the Act or under the provisions of the Bhu Bharati Act,2025.

6. This Court, without expressing any opinion on the right and entitlement of the petitioner and since it is stated that. the f petitioner and her family members have been in possession of the subject property since more than 70 years, deems it appropriate to dispose of this writ petition allowing the petitioner to make appropriate application before the authorities concerned under the provisions of the Bhu Bharati Act, 2025 and in the event of such application being frled by the petitioner, the respondgnts shall consider the same and pass orders in accordance with law. In any event, if the respondents come to a conclusion that the petitioner is not entitled for mutation and issuance of pattadar passbook, pass a reasoned order and communicate the same to the petitioner. The entire exercise shall be completed as expeditiously as possible, preferably, ! 6 CVBR, J wp-12605 2025 within a period of six (06) petitioner's application. months from the date of receipt of the With the above observations, this Writ petition is disposed of. There shall be no order as to costs 8 As a sequel, the miscellaneous petitions pending, if any, shall stand closed To, //TRUE COPY// SD/- K. BHAVANI SWAMY ASSISTANT REGISTRAR SECTION;OFFtCER 1 The Principal Secretarv. Revenue.Department, Slate of Telangana, , J 4 5 6 Telangana Secretariat, i{yderabad. lhe District Collector. At.hangaredd.y District, Ranga Reddy District, T.S The Reven ue D ivi sio na I orricei,. nil i6ra rr;;;;i;;;"ri." lE l?il'ahi3UrHg,ltiffSishErsn# ;i;l ii;""'' " to GP FoR neveNtje, iirgh'cl,l,iiJliEJ"state br reransana. a redd y. T. S. "s I#,jr?". Two CD Copies

7. MBC ( i.)t ):.. .9 ,, ,\ : ll +tl !; +:1- s. \" HIGH COURT DATED:2510412025 t; -?'' :. iF ORDER W.P.No.12605 ot 2025 DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS