✦ High Court of India · 29 Apr 2025

Kummarigudem Murali Ramulu v. 1. The State of Telangana

Case Details High Court of India · 29 Apr 2025
Court
High Court of India
Decided
29 Apr 2025
Bench
Not available
Length
1,602 words

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 an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent Nos.3 to 5 in non-considering the online Application of the Petitioner through vide No.2500010682, dated. 17.o2.2O25 and non-initiating to change the nature of land from ceiling land to patta land on the land of the Petitioner to an extent of land Ac.2.30 Gts, in survey No.131/E/2, which is situated at Manmarri Village, shabad Mandal, Ranga Reddy District and non-initiating to delete the from the Prohibited Properties is illegal, arbitrary, unconstitutional and violation of Articles 14, 15,21 and 300-A of constitution of lndia and also violation of Principles of Natural Justice and r the online appliczrt o 17.02.2025 and conc extent of Ac.2.30 G Village, Shabad l\lar : nsequently direct the Respondent Nos. 3 tc 5 to consider r of the Petitioner through vide No. 25C0010682, dated. - ct the detailed enquiry on the land of tht: F etitioner to an s; in Survey No.1 31/E/2, which is situateci at [\Ianmarri I al, Ranga Reddy District and change the 'tature of land from ceiling land to :ri tl.a land. lA NO: 1 OF 2025 Petition under iection 151 CPC praying that in the circumstrrnces stated in the affidavit filed r rrpport of the petition, the High Court may be pleased to direct the Responde r'. Nos. 3 to 5 to consider the online application of the Petitioner through vi l,:r No. 2500010682, dated. 17.02.2025 an,l conduct the detailed enquiry c,r l'e land of the Petitioner to an extent 01 Ac.2.30 Gts, in ' ich is situated at Manmarri Village, Shabad l,4andal, Ranga Survey No.1 31 iF-|2' . 't, Reddy District an J r ' irnge the nature of land from ceiling land to patta land pending disposal cf tl r: Writ Petition. Counsel for the Pr-.lit oner : SRI RAPOLU BHASKAR Counsel for the Re:;tr ondents: ASST. GP FOR REVENUE The Court made thr: ' cllowing: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.133O9 of,2025 ORDER: This writ petition is hled seeking following relief: "For the reasons stated in the accomparying affidavit, the petitioner herein prays that this Hon'ble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos.3 to 5 in non-considering the Online Application of the Petitioner through vide No.25OO010682, datedt 17.02.2025 and non-initiating to change the nature of land from celling land to patta land on the land of the Petitioner to an extent of land Ac.2.30 Gts, in Survey No.l31/812,.which is situated at Manmarri Village, Shabad Mandal, Ranga Reddy District ar-rd non-initiating to delete the from the Prohibited Properties is illegal, arbitrary, unconstitutional and violation of Articles 14, 15, 21 and 300-4 of Constitution of India and also violation of Principtes of Natural Justice and consequently direct the Respondent Nos.3 to 5 to consider the online application of the Petitioner through vide No. 2500O10682, dated: 1.7.02.2025 and conduct the detailed enquiry on the land of the Petitioner to an extent of Ac.2.30 Gts, In Survey No.13llE/2, which is situated at Manrrrarri Village, Shabad Mandal, Ranga Reddy District and change the nature of land from ceiling land to patta land and pass such other order or orders as this Honble Court may deem frt and proper in the circumstances of the case."

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.

3. It is stated that the petitioner's father purchased land admeasuring Acs. 2.30 guntas in Survey No.131/E/2, situated at Manmari Village, Shabad Mandal, Ranga Reddy District in the year 1965 under the Sada Bainama and the revenue authorities also mutated his name in the revenue records aI1d issued pattadar passbook and title deed uide Passbook No.250531 and Patta No.792. It is further stated that after his demise, the petitioner, who is his son approached the revenue authoriLies seeking to / 2 CVBR, \V.]'.No.13309 of 202 .. i.l mutate his ran r in the revenue records and accor-dini.lly, the revenue authorities m r. a , :d the name of the petitioner in the rcve nue records and issued pattac e r' :rassbook uide Passbook No.T052202 1 1 513 and Khata No.7512 undr:r I : provisions of Telangana Rights in -a rd and Pattadar Passbooks Ac t ') 7 1 (for short, 'the Act, 197 1 ') a:r<l he Rules made thereunder. It ir Iirrther stated that in Dharani Portal. th,. subject land of the petition,:r ri t : notified as "Ceiling Land" instead of "P,rtta Land". The grievance ol t-r:: :,r:titroner is that he made an applicatix No.2500O1O682 dated 77.O',2.2 ) 2l :;ceking for change of the nature of 1a.nd :n dharani Portal i.e., from "Oeilirip .zrnd" to "Patta Land", but the santc \4 as rrot considered by the responcl:ntr; i . daLe. Hence, the present writ petitic n.

4. Le err , d Assistant Government Pleader for Fevr:nue appearing for the respon,l< r -s has submitted that the petition<:r s .lncestors have oLrtained thr: r; r :rject land in terms of the pohc.r laid down in G.O.Ms.No.I4r) ) r tted 25.O7.1958. Therefore, the petitione: is not entitled for classifica tir rr r r' t-he land as Patta Land. Learned Assr:te,nt Government Pleader for lle v :r r .c further submitted that Telangana Righ ts in Land and Pattadar Pa ss 1-,o r < s Act, 2O20 has been repealed ,trrd replaced with Telangana Ilhu Il ' rrrati (Record of Rights in Land) Act, llt 25, (for short, 'the Act 1 of 202ri't r ud if the petitioner submits oniine a pp,lication in the prescribed lirnn:L n Bhu Bharati Web Portal and if the same fulfills a_ll the requirements I - i Le Act I of 2025 and the Rules madt: t hereunder, the respondent au:1rc ^rties will consider the same, in accordl..rLce with law. l L I .t I I -i CVBR, J W.P.No.133O9 of 2025

5. In view of the above submissions, this Court deems it " rappropriate to dispose of this writ petition permitting the petitioner to make appropriate online application in the prescribed format i4 Bhu Bharati Web Portal, seeking correction of entries in the revenue records and for issuance of pattadar passbooks in respect of subject lands. In the event of such application being made by the petitioner and if the same fulfills all the requirements under the provisions of the Act I of 2025 and the Rules made thereunder, the respondents are directed to verify the revenue records and nature of the land, its classification and if the land admeasuring Acs. 2.30 guntas claimed by the petitioner is forming part of Survey No. 131/E/2 is a Patta land, the respondents shall issue pattadar passbook classifying the land as patta land and if the said land is Ceiling land as per Sections of 13 and 14 of the Andhra Pradesh Laad Reforms (Ceiling On Agricultural Holdings) Act, 7973, the respondents shall classify the subject land as Ceiling Land. In aly event, if the application of the petitioner does not fullrll tl-re requirements of the Act 1 ol 2025 and the Rules made thereunder, the respondenl--a uthorities shall pass a reasoned order, in accordance with law 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 the application.

6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. I l I i I I 4 CVBR, W.I:.No.13309 of ZOZO As a s;e,l t( I the miscellaneous petitions pending, rf any, shall stand closed //TRUE COPY// SD/. A. SR A SSIS EI]NI\/ASA REDDY T,ANT REGISTRAR ,i SE:CTION OFFTCER The Princ,p;rt S r':retary, Revenue Department. S secretarrat, lit. llr sf fslanqana, Hyd6rabad. tariat E uilding, To, 1 Hyderabad.

2. The Chief Crn r..issioner of Land Adminiskation (CCLA), Te an,lana, 3. The District ,l:l .,ctor, Ranga Reddy, Ranga Reddy District. 4' The Revenue D'isionar officer, chevela Division, Ranga Rerdcry District 5. The Tahsildzir I t.abad Mandal, Ranga Reddy District. 6. One cc to sFlt iApolU BHASKAR, Advocate. [opuc] 7. Two CCs to ,3p : OR REVENUE, High Court for the State of Te angana. 8. Two CD Copie,s BSK A@ry- t HIGH COURT DATED:291041.,'-025 ,/\ l;J ':- ,,---: -- -r= 1 r r 't- S :\ C 2 2 rrnr 2W5 * lFs" ,.,- \= =_- _ ti t- i)- =t' (s( ? a ORDER WP.No.13309 of 2025 DISPOSING CIF THE WRIT PETITION WITHOUT C,O STS {-o

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