✦ 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
1,216 words

Acts & Sections

Petition under Article 226 ol lhe 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 No.2 to 4 in non-considering the online application of the petitioner vide Application No.2500017369, dated 1310312025 and non-initiating to trace-out the missing extent of the land to an extent of Ac.1.0B Gts in Survey No.120/AaAa4 which is situated at Nagireddipalli Village, Maheswaram Mandal, Ranga Reddy District, and non-initiating to issue E-Pattadar Passbook to the Petitioner on her cultivating land is illegal, arbitrary, unconstitutional in violation of Principles of Natural Justice and also in violation of Articles 14,21 and 300-A of the Constitution of lndia and consequently direct the Respondent No.2 to 4 to consider the online application of I e petitioner th.oul.r ,tde Application No.25000'17369, dated 131312025 and trace-out the missirtll :'xtent of land to an extent of Ac.1.0t] Gts in Survey No.120lAaAa4 whtcl- s situated at situated at Nagireddipalli Village:, I4aheswaram Mandal, Ranga Redrl'r )tstrict and to issue E-Pattadar passbook tr the Petitioner on her cultivating larrl otherwise Petitioner will be put to irrepararle loss and hardshiP. lA NOi 't oF 2025 Petition under [;( ction 151 CPC praying that in the circumstan:;es stated in the affidavit filed in s.rc1 r rt of the petition, the High Court may be p eased to direct the Respondent No i c 4 to consider the online application o the petitioner through vide Applicatir', No.2500017369, dated 131312025 arrd t"ace-out the missing extent of land t I an extent of Ac.1.08 Gts in Survey No..2O/l\aAa4 which is situated at Nagire jJi;alli, Village, Maheswaram Mandal, Ranga Rr..ddy District and to issue E-Pattac ar passbook to the Petitioner on her cJltivating land, otherwise Petitioner,a'il le put to irreparable loss and hardship D€)ncling disposal of the Writ Petition Counsel for the Petitior er: SRI RAPOLU BHASKAR Counsel for the Respot dents: SRI H.SOMAIAH EZR S^*ai A4AGP FOR ,ASSIGNMENT The Court made the f,rl owing: ORDER i.: HON'BLE SRI JUSTICE C.V. BHASKAR REDDY V/RIT PETITION No. 13348 of 2O2s ORDER It is stated that the petitioner is the owner and possessor of the land admeasuring Ac.1.0g guntas in Sy.No.120 ls,€.4, situated at Nagireddypalli Village, Maheswaram Mandal, Ranga Reddy District, having succeeded to the same from her father. It is further stated that originally the petitioner,s father, by name Midde Govinda Reddy, was the protected tenant of the agricultural land admeasuring Acs.1O.12 guntas in Sy.No.120 and his name was reflected in all the revenue records and a certificate under Section 38-E of the Telangana Tenancy and Agricultural Lands Act, 195O was also issued in his favour. It is further stated that after the death of her father, the petitioner, her sisters and brothers have succeeded to the said property and they have got Ac.l.OS guntas each and the revenue authorities also mutated her name in the revenue records and pattadar passbook was issued under the provisions of the Telangana Rights in Land and pattaar passbooks Act, 197I. It is further stated that, after enactment of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short ,.the Act 9 of 2O2Q"l, when the Government had undertaken land record.s t I i ir. lr? 2 CVBR, J 'Mp 13348 of2025 upclali,)1 program the petitioner made orrlille application '.'..7369, dated 13.03.2025, seeking lirr ;:rtssbook data No.2,'t O co-r'cr;1i< t and consequential issuance of pattrcl'1r passbook' Thc gri,: t lncc of the petitioner is that, even EI t.r :eceipt of the sai(l iLJ)f I r:ation, the respondent authorities di<l rror consider the

2. tl! r lsidered the submissions made bv th: lezrrned counsel for t lrc netitioner and Sri H.Somaiah Ezrz Szrstri, learned Assistirr 1 Government Pleader for AssignmeLl I Lppearing for re spc r.rJ rrrt Nos. 1 to 4 and with their consent, thi: r writ petition is bcrrg

3. L,t h:rs;r.tl replaccr Lar-r d ) ,a rl isposed of at the admission stage. rlrned Assistant Government Pleade ' ib r- Assignment rartted that the Act 9 of 2O2O has bet:n repealed and by the Telangana Bhu Bharati (Re':c ld of Rights in - 1, 2025 (for short "the Act 7 of 2o2i>') ''rt Ld Rules were aISo oI€ :'e uid.e G.O.Ms.No.39, Revenue (Land ,/irll ninistration-I) Depa rtt rt,nt, dated 14 .O4.2O25 and, if the pctitioner submits or1lir e I . PortrLl re<1u ir e trplication in the prescribed format in EhrL Bharati Web : ncl, if the said application comp.ie s lvith ali the n(rnts of the Act l of 2025 and tre Rules made thr-'rt:r rr rJer, the respondent authorities will co:l:;id':r the same' I I IM 3 CVBR, J Wp 13348 of 2025

4. In view of the above submissions, this Court, deems it appropriate to dispose of this writ petition permitting the petitioner to make an appropriate online application in the prescribed format in Bhu Bharati portal. In.the event of such application being made by the petitioner and if the petitioner complies with all the requirements under the provisions of the Act 1 of 2025 and the Rules made thereunder, the respondent authorities shall examine the said application ald consider the case of the petitioner. lf the petitioner has not complied with the requirements of the Act I ot 2O2S 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 (O3) months from the date of receipt of the petitioner,s application. 5. With the above observations, this Writ petition is disposed of. There shall be no order as to costs. 6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPYII SD/- A. SREENIVASA REDDY SISTANT REGISTRAR SECTION OFFICER To, '- "' --v'vrqr 1 . Principal Secretarv. R"r-urr." Department, Secretariat Building, Secretariat, ^ Hyderabad, The Siate of Telangana. 2. The District Collector, Ranga Reddy, Ranga Reddy District. 3. The Revenue Divisionat oft""r, K;;l;[fi;Di;;t , Ransa Reddy District. 4. The Tahsildar, Maheshwaram Mandat, nung, iliov Oi"tri"t. 5. One CC to SRt RApoLU^BHASKAR;jr"ljt"'roiLcr 6. TworCCs to Gp FoR ASS,.NMENi, tiii"nt"ri"r", tn. State of Tetangana. 7. Two CD Copies ,. ,..,:. ,..-: 4_- Q/: I j l;l -&d HIGH COURT ; l DATED: 29104t202i 4 I ORDER WP.No.I3348 ,rf 2O2S e 'J c z:=a_::::-:- \ 1Ht liTr ,4 1\ o( ? P 2 C /, 22 fit' ZijZ5 * )(-' .r (:f €.sp, \=_-: :::; DISPOSING OT THE WRIT PETITION WITHOUT COS TS 4nr A\ 4 ):'

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