✦ High Court of India · 30 Apr 2025

The High Court · 2025

Case Details High Court of India · 30 Apr 2025
Court
High Court of India
Decided
30 Apr 2025
Bench
Not available
Length
1,693 words

HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.13553 of 2o25 ORDER: lt is stated that petitioner No.1 is the owner and possessor of the agricultural land admeasuring Acs.2.13 guntas in Sy.No.142/E, situated at Kishmathpur Viliage, Gandipet Mandal, Ranga Rcddy District, having purchased the same through registered sale deed bearing document No.5O25 of 2006, dated 31.03.2006. Petitioncr No.2 is the owner and possessor o[ the agricultural land admeasuring Ac. 1.00 guntas in Sy.No.142/tr, situated at Kishmathpur Village, Gandipet Mandal, Ranga Rcddy District, having purchased the same through registered sale deed bearing document No.543O of 2OO7, dated 26.05.2006. It is further stated that Smt.Annapureddy Buchamma, wife of petitioner No.1 and mother of petitioner No.2 had purchased the land to an extent ol Acs.3.14 guntas in Sy.No.I42/RU, situated in Kismathpur village, through registered sale deed document No. I213 of 2005, dated 21. 1 1.2OO5. lt is statcd that thus, the family of the petitioners is holding total extent of Acs.6.27 guntas in Sy.No.142. It is further stated that, basing on the said sale deeds, the pctitioners names were mutated in all the revenue 2 CVBR..I \\'p 135s3_2025 records uide proceedings Nos.D/318l2006, datcd 15. 1O.2006, No.B/28212LtO7, dared 23.11.2OO7 and No.D/ 137 2006, clated

28.O2.2006, rcspectively and issued pattadar passbooks in their favour under the provisions of the Telangana Rights in Land and Pattadal Passbooks Act, 1971 (for short ,,the ROR Act, 1 97 1") and thc Rulcs made thcrcundcr. It is lurthcr stated that, when respondent Nos.3 and 4 have tried to interfcr.e with their possession over the subject property, they have hlcd W.P.No.11O0 I of 20lO on the file of Lhis Cor-rrt anrl uitle order, dertcd O5.O5.2O10, this Court granted interim orclcr,lirccting thc rcspondents therein not to interfere with the posscssion and cnjoyment of the petitioners over the subjcct propcrties. It rs further stated that, while the mattcr stood thus, Urban Land Cciling authorities interfered with the peaceful possession and made efforts to dispossess the petitioners stating tirat the lands purchased bv the pelitioncrs are subject matter ol dc<:l:rratior-r filed under Llrban Land Ceiling AcL, 1976 (for shr rt ,,the ULC Act") vide proceedings C.C.No. DtlS3SO/76. It is stared rhat questioning t he action of respondents in intcr.ferlng u,ith possession ancl claiming the properties, thc petirioncrs werc constrained ro file W.p.No.2g22I of 2Ol7 on rhr. fi1e of this Court initiated under Secrions 10 (1), tO (3), lO (S) and 10 (6) of I I t I I i I I I i I I J CVBR, J Wp_I3553 2025 the ULC Act. It is stated that this Court after contest, allowed the writ petition vide order, dated 18.12.2024 and set aside the proceedings issued under scction 8(a) of the ULC Act dated

15.1 1.1994 by the respondent No.3 and subsequent procecdings issued under Sections 10(3), 10(5) and 10(6) of the ULC Act in C.C.No.D 1/ 8350 I 1,976 to the extent of subject Iands of pefitioners are concerned. The orders dated 18.12.2024 h.ave attaincd finality as the State has not hlcd any appeal.

2. It is further staled that Lhe petitioners have submitted application, dated 2O.01.2025 seeking issuance of pattadar passbooks under the provisions of the Telangana Rights in Land and Pattadar Passbooks AcL,2O2O (for short "the Act 9 of 2O2O") and also dcletion of the subject lands from the list o[ prohibited propertics in terms of the order passed by this Court in W,P.No.28221 o[ 2017 . It is the casc of the pelitioner that issuance of pattadar passbooks under ROR Act, 2O2O are only consequential one, unlcss the revenuc records are amended following the procedure, a presumption has to be drawn to the correct of said entries under scction 6 of ROR Act, 1971. It is stated that as the respondents have not issued the pattadar !--\\t'+HreF 4 C]VI}R. J \'./p_ I 3553_2025 passbooks, the pctitioners are not receiving thc various incentives sanctioned by thc Government from time to timc. 3 Consiclcrcd thc submissions of the learned ccunscl fbr the pctitioners and Sri H.Somtriah Ezra Sastri, lcarned Assistant Government Pleader for Assignment appeanng fo- rcspondent Nos.1 to 4 and with their consent, this writ petirion 1S being disposed o[ al lhe admission slage.

4. Learnecl Assistant Governmcnt Pleadcr for Assignmcnt has not disputed the orders passcd by this Court rn W.P.No.2822 1 of 2017 setting aside thc proceerlings issued under the provisions of the ULC Act against thc petitioners, land in Sy.No.142. Learned Assistant Government plt:adcr further submits lhat the Act 9 of 2020 has been repealed rr-rcl replaced by the Telangana Bhu Bharati (Recorcl of Rights in l.:rnd) Act, 2025 (for short "the Bhu Bharati Act,,) and in rerms of. thc provisions of the Bhu Bharati Act, Rules have teen framed commonly called as Telangana Bhu Bharati (Recorct of Rights in Land) Rules. 2O25 (for short "thc Bhu Bharati Rules") uide G.O.Ms.No.39, Revenue (Land Administration-l) Departmcllt, daLed 14.04.2025 further submits Learned Assistant Goverr-rntent Plcader that, since the peti[ioners h:rr c made an 3'*Jri..-i, - '- ' 4..5 r, ,t/ r,r,- . !*'i'-' . .,,;. :' '.t,:' '-' ' 5 l ) CVBR. J wp 13553 202s application under the provisions of the Act 9 of 2O2O and in view of the replacement of the Act 9 of 2O2O wrtln Bhu Bharati Act, the petitioners are entitled to make a fresh appropriate applicalion in Bhu Bharati Portal and if the petitioners make such application duly paying the prescribed fee, the respondent authorities would consider the same in accordance with law.

5. In view of the above submissions and since it is stated i I that the orders dated 18.12-2024 passed by this Court in W.P.No.28221 of 2017 have attained finality and as the petitioners were earlier issued pattadar passbooks under the provisions of the ROR Act, 1971, issuance of the pattadar passbooks under ROR AcL, 2O2O is only a consequential act, this Court is of the opinion that ends of justice would be rnet if the respondents are directed to consider the application dated 2O.O1.2025 submitted by the petitioner under TM33 Module for dcleting the agricultural lands to the extent of Ac.6.21 gts in Sy.No.142/E and 142/RU of Kismathpur Village from the list of prohibited properties and consequently issue pattadar passbooks to the petitioner in accordancc with the law in force within a period of threc (O3) months from the date of receipt of a copy of this order. \ l i I i I 6 CVBR, J Wp_13553 2025

6. With thc above observations, this Writ Petition is disposed of. There shall be no order as to costs.

7. As a sequel, the raiscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// KAR DEPUTY REGISTRAR SECTION OFFICER The Principal Secretary to Government, Reve Hyderabad. The State of Telangana. u Department at Secretariat,

2. The District Collector, Ranga Reddy Dist at Kongara Ki:lan Village' lbrahimpatnam ttilandal. Ranga Reddy District I I

3. The Revenue Divisional Officer, Raiendranagar, Ranga Reddy District 4, The Tahsildar, Gandipet lvtanda!, Ranga Reddy District 5. One CC to SRI N SREEDHAR REDDY Advocate [OPIJC] 6. Two CCs to GP FOR REVENUE 'High Court for the State of Telangana tOUrl

7. Two CD CoPies To, DD BS HIGH COURT DATED:3010412025 r HE S

14. oe( q o OE JUti ilE .1)t. ({\(' > .1' ORDER WP.No.13553 of 2025 I I I t I I i I I DISPOSING THE WRIT PETITION WITHOUT COSTS ILo) b laK

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