✦ High Court of India · 02 May 2025

ll_C^^LiIIeq v. The State of Telangana

Case Details High Court of India · 02 May 2025
Court
High Court of India
Decided
02 May 2025
Length
1,397 words

Petition under Article 226 of the constitution of India 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 inaction of the respondent authorities more particularly the Respondent Nos.2 g6 3 in considering and disposing of the online Dharani Application Nos.24000378'ls and 24ooog7\27, dated.l 0.06.2024, which were submitted by the petitioner herein for data correction from Notional Khata to Patta in respect of the lands admeasuring Acs. 1 75-03 Gts., in various Survey Nos. as mentioned in the said Applications of Bommaraspet Village, Shamirpet [/andal, Medchal-Malkajgiri District, as being illegal, arbitrary and in gross violation of principles of natural justice apart from being contrary to the provisions of the Telangana Rights in Land and Pattadar Passbooks Acl, 2020 and Rules made thereunder besides violating Petitioner's rights guaranteed under Articles 14, 19 (1Xg) and ?00-A of Constitution of lndia and consequently direct the Respondents (a) to forthwith allow the Dharani Application Nos.24000378'1 5 and 2400037827, both d1.10.06.2024, for rectification or transfer of the Petitioner's lands totally admeasuring Acs. 75-03 Gts., in various Survey Nos. as mentioned in the said Applications of Bomarasipet Village, Shamirpet Mandal, Medchal-Malkajgiri District, from Notional khata to Patta (b) to carryout necessary corrections on Dharani Portal or any other relevant records of the Govt., by deleting subject lands of the Petitioner as 'Govt. Iands'thereby removing the same from prohibited list (c) to mutate the name of the Petitioner Company in the Dharani Portal and all other revenue iecords and further issue E-Pattedar Passbooks in respect of the subject lands in favour of the Petitioner Company. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to consider the Dharani Application Nos.2400037815 and 24OOO37827 both dated. 10.06.2024, for rectification or transfer of the Petitioner's lands totally admeasuring Acs. 75-03 Gts., in various Survey Nos. as mentioned in the said Applications in Bomarasipet Village, Shamirpet Mandal, Medchal- Malkajgiri District, from "Notional khata" to "Patta", immediately, in the interest of justice. counserrorthePetitio""''?IJ.:rl#tH^tfi.^T.??SJiraneoov Counsel for the Respondents No.1to5: SRI L.RAVINDER, AGP FOR REVENUE The Court made the following: ORDER HON,BLE SRI JUSTICE C.V. BHASKAR REDDY ORDER: IIIRIT PETITION No.14O26 of 2025 It is stated that the petitioner is a company incorporated under the provisions of the Companies Act, 2Ol3 and established several manufacturing units in various States of India. [t is further stated that, with an object to develop the company and its group of entities, the petitioner company had purchased the land to an extent ofAcs. 100.00 guntas in various survey numbers through different registered sale deeds. ti i" further stated that the property purchased by the petitioner company was mutated in the revenue records and pattadar passbook and title deeds have been issued. It is further stated that the petitioner company also obtained permission for conversion of the said land from agricultural to non-agricultural purpose. It is further stated that out'of the total extent of Acs. 100.00 gu{rtas purchased by the petitioner, the land to an extent o[ Acs.23.05 guntas was acquired by the Government for the purpose of Outer Ring Road and compensation also paid as per the provisions of the Right to Fair Compensation and Transparency and Land Acquisition, Rehabilitation and Resettlement Act, 20 13. It is further stated that even after change of the nature of land and allowing the petitioner for I I t_ { ? CVBR, J Wp_14O26_2O25 conversion of the same, the entries have been made in Dharani Portal as Notional Khata instead of patta lands' Hence' the petitioner had made online applications, dated L0'06'2024 seeking for data correction. The grievance of the petitioner is that, even after receipt of the said online applications' the respondent authorities did not consider the same'

2. Considered the submissions of the learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos'l to 5 and withtheirconsent,thiswritpetitionisbeingdisposedofatthe admission stage.

3. Sri D.Prakash Reddy, learned Senior Counsel representing Sri V.Ramakrishna Reddy' learned counsel for the petitioner, has submitted that in view of the wrong entries being made in Dharani Portal, the petitioner is not in a position to enjoy the subject proper[y as absolute owner' therefore' seeking correction of the entries in Dharani Portal and consequential entries.intherevenuerecordsshowingtheclassificationofthe land as patta land, the petitioner had made online applications and the same were approved by the District Collector as per the information furnished to the petitioner in Dharani Portal' \ / J CVBR, J Wp_14026_2025 However, it is stated that even after approval of the applications, the respondent authorities have not been_ acted on the said applications. Learned Senior Counsel further submitted that since the Telangana Rights in Land and Pattadar passbooks Act, 2O2O {for short "the Act 9 of 2020") was repealed and replaced by the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 (for short "the Bhu Bharati Act") and Rules have been framed commonly called as Telangana Bhu Bharati (Record of Rights in Land) Rules, 2025 (for short "the Bhu Bharati Rriles,,) uide G.O.Ms.No.39, Revenue (Land Administration-I) Department, dated 14.O4.2025, tl'Le petitioner had made a representation, dated 77.O1.2025 seeking for necessary corrections in Dharani Portal and consequential entries in Bhu Bharati Portal depicting the nature oflands as patta lands.

4. Learned Assistant Government Pleader for Revenue has not disputed the submission of application by the petitioner in Dharani Portal under the provisions of the Act 9 of 2O2O and I also the information furnished to the petitioner in Dharani Portal that the application submitted by the petitioner was I approved by the District Collector. \ C\'BR..I W1t 14026 2025

5. In vierv of the above submissions, this Court is of the opinion that the ends of justice would be met if respondent No.2 is directed to examine and consider the representation, dated 17 .O7.2025 submitted by the petitioner, duly taking into consideration of the approval being sanitioned by respondent No.3 in Dharani Online application Nos.24OOO378 15 and 24OOO37827, dated 1O.06.2024 and pass necessary orders in accordance with law, within a period of two (02) months from the date of receipt of a copy of this order.

6. With the aLrove observations, this Writ Petition is disposed of. There shall be no order as to costs. 7 . As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPYII SD/- P, PONNA KRISHNA ASSISTANT REGISTRAR SI=CTION OFFICER To,

1. The Princioal Secretary, Revenue Department, Telangana Secretariat, State of Telangdna, HYderabad. \

2. The Chief Commissioner of Land Administration (CCLA), Government of Telangana, At Nampally Station Road, Hyderabad.

3. The District Collector, Medchal-Malkajgiri District, At Anthaipally, Shamirpet Mandal.

4. The Revenue Divisional Officer, Shamirpet Revenue Division, At Anthaipally, Shamirpet Mandal, Medchal-Malkajgiri District.

5. The Tahsildar, Shamirpet Mandal, Medchal-Malkajgiri District 6. One CC to SRI V.RAMAKRISHNA REDDY, Advocate. IOPUC] 7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. [OUTI

8. Two CD Copies. BSK GJP HIGH COURT DATED:0210512025 v 4 o F ic( .9 r/ .\\s ,l o {., aS U I .'a t; ,1 /-'^ i€rlr,, * -ol -*-=r? ORDER WP.No.14026 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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