✦ High Court of India · 01 May 2025

High Court · 2025

Case Details High Court of India · 01 May 2025
Court
High Court of India
Decided
01 May 2025
Length
1,260 words

PetitionunderArticle226o!lheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavlt filed therewith' the High Court may be pleased to issue qn appropriate ryrit' order or direction more paqticularly one in the nature of Writ of Mal{amup declaring the action of the Respondent Nos 2 to 4 innon.consideringtheonlineapplicationofthePetitionerthroughvide 24OO117437,dated 30.1Q.?024 and non-initiating to do passpook data correction on the land of the Petitioner to extent of Ac'0'36 Gts in Survey No'688' which is situatedatMadugulaVillagqandtrlandEt,RangaReddyDi-qtrictisillegal, arbitrary, unconstitutional and violation of Articles 14' 21 ?nd 300-4 of Constitution of lndia and algo violation of Principles of Natural Justice and congequenily direci tne Respondent Nos. 2 to 4 to consider the online Applicatlon ofthePptitionerthroughvideNo2400llT43T,dated30'10'2024anddothepaqs bookdatacsrrectiontoanextentoflandAc.036GtsinSurveyNg'688/A'which is situated at Madugula Villagerand Mandal, Ranga Reddy Di$trict I ::lr!. ''!i f // lA NO: 1 OF 2025 Petition under Segtion 151 CPO prayinq thal in the cireumsrances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Regpondr:rt Nos. 2 to 4 to .consider the Online Ap:llicatiorl of fhe Petitioner thrqugh viJe No.24Q01 17437, dated 30.10.2024 a6d dc the pass bAok data correction to a r extent qf land Ac 0.36 Gts in Suryey l,lo ri88/A, lvhich is situated at Madugul:r Village qpd [{qndat, ffqnga fledQy District pr,:nding (ispqsql of the Writ Petition Counsel for tfe Pelitionefi SF!. RAFQLU BHASKAR Coqnsel fo1 the Resoondentq; AGP FOR REVENUE The Court made the follo.wing; OROER HON'BLE SRI JUSTICE C.1,. BHASKAR REDDY WRIT PETITION No.13815 of 2o25 ORDER It is stated that the petitioner is the pattadar and possessor of ttre land admeasuring Acs.5.02 guntas in Sy.Nos.578, 686, 688, 687, 689 and 694, situated at Madugula Village and Mandal, Ranga Reddy District. It is further stated that the name of the petitioner was mutated in all the revenue records ald pattadar passbook and title deed uide Patta No.1683 have been issued in his favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,797l and the Rules made thereunder. It is further stated that while issuing e-pattadar passbook No.T05150061040 uide Khata No. 1672 under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O (f.or short "the Act 9 of 2O2O"), an extent of Ac.0.36 guntas in Sy.No.688/A was reduced to the extent of Ac.O.OS guntas and therefore, he made an application, dated 3O.7O.2O24 seeking for passbook data correction and consequential issuance of amended e-pattadar passbook. The grievance of the petitioner is that, even after receipt of the said application, the respondent authorities did not consider ttre same. Hence, tlre writ petition. I 2 C\tsR, J Wp 13815 2025

2. Considered the submissions made by the learned <ounsel for the parties and with their consent, this writ petitior is being disposed of at the admission stage.

3. Learned (rounsel for the petitioner has vehemently :ontended that the entries made in the pattadar passbook are only compilation of lhe survey numbers and the accounts for the extent being mentioned in a particular village and therefore, ir does not take away thr: right of the petitioner in any manner r.nless the entries in thc revenue records are corrected by follcwing due procedure.

4. Sri L.Re vinder, learned Assistant Government Preader for Revenue, has rrot disputed the issuance of pattadar passbook in favour of the 1x:titioner and also the submission of the a pplication made by the petitioner. Learned Assistant Governmer t Pleader further submitted that, pending examination of the p:titioner's application, the Act 9 of 2O2O has been repealed and re placed by the Telangana Bhu Bharati (Record of Rights in Land) .\ct, 2025 (for short "the Ilhu Bharati Act") and in terms of the prc visions of the Bhu BharzLli Act, Rules have been framed commonly called as Telangana BhrL Bharati (Record of Rights in Land) Rules, 2025 (for short !-he Bhu Bharati Rules") z,rde G.O.Ms.No.39, Rever rue (Land t Administration-l) Department, dated 74.O4.2025. Learned 3 CVBR, J Wp 13815_2025 Assistant Government Pieader further submits that since the petitioner has made an application under the provisions of the Act 9 of 2O2O and in view of the replacement of the Act 9 of 2O2O wttla the Bhu Bharati Act, the petitioner is entitled to make an appropriate application as per Rule 4 of the Bhu Bharati Rules in Bhu Bharati Portal and if the petitioner makes such an application duly paying the prescribed fee, the respondent authorities would consider the same in accordance with law. 5. As per Rule 4 of the Bhu Bharati Rules,. any person aggrieved by an entry made in the Record of Rights prepared and maintained under Section a (1) to a $l ol the Bhu Bharati Act or any person, who is in lawful possession of the land and claims right over the same but an entry was not made in the Record of Rights in respect of the said land, may apply through online in Bhu Bharati Porta-l for rectification of entries or for making a new entry in such Record of Rights within a period of one year from the date of commencement of the Bhu Bharati Act or from the date on which such wrong entry was prepared and updated and placed in the Bhu Bharati Portal and pay the prescribed fees' 6. . In view of the above submissions, this Court is of the opinion thattheendsofjusticewouldbemetifthepetitionerispermitted to male a fresh application under the provisions of the Bhu I I I l 4 CVBR, J V'p 13815 2025 Bharati .{ct and the Rules made thereunder and in tte event of such applicat:on being submitted by the petitioner, the r espondent authorities shall consider the case of the petitioner for cc rrection of the revenue rntries and consequential issuance o1. the amended pattadar passbcok. In any event, if the petitioner has noI complies with the requi -,:ments of the provisions of the Bhu Bharz ti Act and the Rules nrade thereunder, pass a reasoned o-der and communicate the reasons thereon to the petitioner. -.he entire exercise shall tre completed within a period of three (OI:) months from the clate ol receipt of a copy of this order. 7. With the above observations, this Writ petition is dir;posed of. There shall be to order as to costs. 8. As a sery:rel, the miscellaneous petitions pendinl;, if any, shal1 stand clol;r:d. sD/-A. sRrN rv194.EEPPI ASSISTANT REGISTRAR. //TRUE COPY// SEC'II OFFICER To, Secretariat, T.li., HYderabad ' 1 . The Principal Secretary,. Revenue Department' Secre ariat Building 2 i;;'Dl;il*:ic;il;itbi, Rinsa Reddv, Ransa Reddv Diskict' 3. The Revenue Divisionl'l 'otri;"i''rL.nirpatnam Division, Ranga Reddy g,liiH:ll'B'iyal'J5,-ut,lfl 6 rwo 6Qs {q tiP ron ri'eV'ei'iil;:iiis6-c;'t16i t'e State >f relansana at 7 Two CD CoPies '[il:i[iig,3i31ti", Hyderabad IOIJT] District. ' BM w -tr I C:C TODAY HIGH COURT DATED:01 10512025 a) () r 4LE, s s* (a \ '.) r'i < * I ORDER WP.No.13815 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS b #

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