✦ High Court of India · 29 Apr 2025

High Court · 2025

Case Details High Court of India · 29 Apr 2025
Court
High Court of India
Decided
29 Apr 2025
Bench
Not available
Length
1,106 words

Acts & Sections

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly. one in the nature of Writ of Mandamus, declaring the action of the 3rd RespondenlTahsildar in rejecting the online application bearing. No RC2300009661 and also online Application submitted for Passbook Data Correction vide Application No. 2300017360, rejected by the 2nd respondent as illegal, arbitrary, unconstitutional, against the principles of natural justice and consequently direct the respondents to issue digital Pattadar Passbook-cum-Title Deed in favour of the petitioner, in respect of the land Sy.Nos. 337, an extent of Ac. 3-13 Gts., and S.No. 338, an extent of Ac. 2-27 Gts., total extent of Ac.6-00 Gts., situated Kummariguda H/o. Shabad Village and Mandal, Ranga Reddy District, in the interest of justice. IA NO | 10F 2025 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstated intheaffidavitfiledinsupportofthepetition,theHighcourtmaybepleasedto direct the Respondents No.2 to 4 to incorporate the name of the petitioner in the Revenue records, in respect of the land Sy'Nos 337 ' an extent of Ac 3-13 Gts and S.No. 338, an extent of Ac' 2-27 Gts , total extent of Ac 6-00 Gts ' situated Kummariguda H/o. Shabad Village and Mandal' Ranga Reddy District' pending disposal of Writ Petition' in the interest of justice' ' Counsel for the Petitioner: SRI THIMMARAJU RAMCHANDRA RAO Counsel for the Respondents: SRI L'RAVINDER' AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI TIUSTICE C.V. BHASKAR REDDY WRIT PETI TION No. 13172 of2025 ORDER This writ petition is filed seeking to declare the action of the respondent authorities in rejecting the application No.RC230O009661 made by the petitioner seeking for issuance ol digital pattadar passbook and application No.230O017360 made by the petitioner seeking for passbook data correction in respect of the land admeasuring Acs,3.13 guntas in Sy.No.337; 4cs.2.27 guntas in Sy.No.338, situated a[ Kummariguda, H/o. Shabad Village and Mandal, Ranga Reddy District, as illegal and arbitrary and consequently prayed for other appropriate reliefs.

2. It is stated that the petitioner is the owner and possessor o[ the land to an extent of land admeasuring Acs.3.13 guntas in Sy.No.337; Acs.2.27 guntas in Sy.No.33g, situated at Kummariguda, H/o. Shabad Village and Mandal, Ranga Reddy District and after conducting de nouo enquiry, respondent No.4 issued proceedings No.B/4OO / 2018, d,ated 29.O9.2O 1 g stating that the petitioner is a lawful owner and possessor and has been cultivating the subject property for the past two decades. The said proceedings have attained hnality, as the same were not questioned. Therefore, the petitioncr filed online 2 - CVBR, J Wp 13172 2C2-5 applications seeking for issuance of digital pattadar passbook and passbook data correction but the same \\:erc rejccted without assigning any reasons. Hence, this u,rit petition.

3. Considered the submissions of the learned counscl for the petitioner ancl Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 and with their consent, this writ petition is being disposed of zrt the admission stage.

4. This Court has carefully examined the impugned orders rejecting the applications submitted for issuance of e pattadar passbook. Except stating that the applications were re.jected by the Revenue Divisional Ofhcer and the Collector, no valid reasons u'hatsoever have been assigned to enable the petitioner to take appropriate action. Since the impugned orders are not in consonancc with the principles of natural justice, the same are liable to bc set aside and accordingly, they are set aside.

5. At this stage, the learned Assistant Government pleader for Revenue has submitted that Telangana Rights in Land and Pattadar Passbooks AcL, 2O2O (for short ,,the Act 9 of 2020,,) has been repealed and replaced with Teiangana Bhu Bharati (Record o[ Rights in Land) Act, 2O2S (for short ..the Act 1 of 2O25") and if 3 CVBR. J wp 13172 2025 lhe petitioner submits online application in the prescribed format in Bhu Bharati Web Portal and if the same lulfills all the requirements of Act 1 of 2025 and the Rules made thereunder, the respondent authorities will consider the same, in accordance with law.

6. In view of the above submissions, this Court deems it appropriate to permit the petitioner to make appropriate online application in the prescribed format in Bhu Bharati Web Portal, sceking issuance of e-pattadar passbook in respect of subject land. ln the event of such application being made by the petitioner and if the same fulhlls a1l the requirements under the provisions of the Act I of 2025 and the Rules made thereunder, the respondent-authorities shall examine and consider the case of the petitioner. In any event, if the application of the petitioner does not fulfill the requirements of the Act I of 2025 and the Rules made thereunder, the respondent-autho ritie s 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 (O3) months from the date of receipt of the application. -- 4 CVIJR. J Wp 13 I 72 2025 Accordingly, this Writ petition is allowed. There shall be 7 no order as to costs B As a sequcl, the miscellaneous petitions pendinq, if any, shall stanC closed /\ _ //TRUE COPY// ' \ l I \ sEcrloNoFFlcER The Principal Secretary, Revenue Department, SL/retariat, Hyderabad, State of Telangana. SD/-T. TIRUMALA DEVI loEPUrY REGTSTRAR \ ". To, 1

2. The District Collector, Ranga Reddy District, at Kongara Kalan. 3. The Revenue Divisionar officer, cheveila Division, Ranga Reddy District. 4. The Tahsildar, Shabad Mandal, Ranga Reddy District 5. One CC to SRt THTTVIIVARAJU RAMCHANDRA RAO, Advocate tOpUCI 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUTI

7. Two CD Copies BSR BS ry- HIGH COURT DATED:2910412025 ORDER WP.No.13172 o12025 oB r|{E S i4 ( o (-' ?6 n*t y6 ( f'I c .6+ a .sr,,1rCH G 0 ALLOWING THE WRIT PETITION, WITHOUT COSTS u, t.{ .J )h )

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