Thalam Kanthamma v. 1. The State of Telangana

Petition under Article 226 of the 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 2nd respondent in not issuing the Pattedar PassbOOOk and Title Deed to the petitioner in respect of the Agricultural Land in Sy.No. 264144, admeasuring Ac.1-18 Gts., situated at Vanthadupula Village, Narsimhulapet Mandal, Mahabubabad District, inspite of Dharani Portal reflecting the name of the petitioner's husband as Pattedar and inspite of petitioner making specific representation dated 20.03.2025 as highly illegal, arbitrary and violative of principles of natural justice, apart from violative of Article 300-A of the Constitution of lndia, consequently direct the respondents 2 to 4 to take necessary action by forthwith removing the Land Status in Dharani Portal as Not Signed -Sold Out and to mutate and issuance of the Pattedar Passbook and Title Deed in the name of the petitioner. IA NO| 1 0F 2025 Petition under Section 151 CPC praying that in the c rcumstances stated intheaffidavitfiledinsupportofthepetition,theHighcourmaybepleasedto direct the respondents 2Io 4lo take necessary action by forthwith removing the LandStatusinDharaniPortalaS..NotSigned-Soldout,'ardtoissuePattedar PassbookandTitleDeedtothepetitionerinrespectoftheAgriculturalLandin Sy.No. 264/4A, admeasuring Ac 1-18 Narsimhulapet Mandal, tvlahabubabad Vi, nthaduPula Village, c isposal of the writ Gts., situated at District, Pending petition. Counsel for the Petitioner: SRI P'CHAITHANYA a;;;;;i ior the Respondent Nos'1 To 4: AGP FoR REVENI'.lE Counsel for the ResPondent No'S: - The Court made the following: ORDER I ll,I i THE HON'BLE SRI JUSTIC E C.V.BHASKAR REDDY UrRIT PETITION No.14107 oI 2o25 ORDER: This writ petition is filed seeking following reliei "For the reosons stated in the accompanAing affidauit, It is therefore praged that thts Hon'ble Court mag be pleased to issue q uit, order or dtrection more particalarlg one in the nature of uit of Mandamus declaing the oction of the 2"d respondent in not issuing the Pattedar P@ssbook and Title Deed to the petitioner tn respect of the Agricultural Land in Sy.No. 264/44, admeosuring Ac.1 18 Gts., situated at Vanthndupula Vtllage, Narsimhulapet MandaL Mahabubabod District, tnspite of Dharani Porta[ reflecting the name of the petitioner's husbqnd qs Pottedor qftd inspite of petitioner making specific represenlation dated 2O.O3.2025 as highlg illegal, arbitrary and uiolatiue of pinciples of nahlral justice, apart from uiotatiue of Arlicte 300-A of the Constitution of India, consequently direct the respondents 2 to 4 to take necessary action bg forthuith remouing the Land Status tn Dhorani Portal as "Not Signed Sold Out" and to mutate and issuance oJ the Pattedor Passbook and Tttle Deed in the name of the petitioner and pass such other order or orders as thts Hon'b[e Court may deem fit and proper in the circumstances oJ the case."

2. It is stated that petitioner's husband was the absolute owner and possessor of agricultural land admeasuring Acs. 2.16 guntas in Survey No.264l AA, situated at Vanthadupula Village, Narsimhulapet Mandal, Mahabubabad District and out of the said extent of land, some land is covered under irrigation Well etc., and the remaining land left with is Acs. 1 . 18 guntas (for short, 'the subject land') and the name of husband of the petitioner was mutated in the revenue records and in Adangal Pahanies for the years 1989-90, 2Ol3-14,2OI4-15 ard 2017 and in Dharani Portal. It is further stated that the petitioner's husband died on 24.OL.2OOI leaving behind the petitioner and five daughters. It is further stated that since 5e respondent is trying to grab the subject land of the petitioner, she made a representation dated 2O.03.2O25 to the 2"d respondent seeking to record her name in the revenue entries and to issue pattadar passbook and title deeds in her favour. The grievance of the petitioner is that the respondent 2 CVBR, J W. P. No. 14 107 of 2025 authorities are not entertaining the said application mar re by the petitioner Hence, the present writ petition

3. Considered the submissions of the learnt d counsel for the petrtioner and learnecl Assistant Government plca, ler appearing for respondent Nos' I to 4 and with their consent, this u,r Lt petition is being disposed of at the admission stag(.. In view of lhe natur, of r.eliei sought for in this writ petition, issuance of notice to respondent No.5 is dispensed with.

4. Learned Assistant Government pleader for R:venue appearing for respondent Nos.1 to 4 has submitted that the 5u respondcnt has hled a suit ,ide O.S.No.6g ot 2O lg on the hle of the Scr ior Civil Judge, Mahabubabad seeking recovery of possession and the sajl suit is pending adjudication' Learned Assistant Government pleader lurt her submits that the Telangana Righls in Land and pattadar passbooks Ar' ,2020has beerr repealed and replaccd B,ith Telangana Bhu Bharati (Re c ord of Rights in Land) Act' 2025 (for shorr, 'the Act 1 0f 2025) andif the p .ritioner submits online application in the prescribed format in Bhu Bharat web portal and if the same fulfrlls all the re quircments of the Act I of 2Oz 5 and the Rules made thereunder, the respondent authorities will consi<l:r the same, in accordance with law.

5. In view of the abovc submission, this C ourt deems it appropriate to dispose of this writ petition permitting thc pc -itioner to mal<e appropriate online application in the prescribed format in B ru Bharati web I /,, '{ 3 CVBR, J W.P.No.14107 of 2025 Portal seeking mutation o[ her name in the revenue records and for issuance of pattadar passbook in respect of subject land, duly enclosing the joint family consensus settlement deed among her family members. In the event of such application being made by the petitioner and if the same fullrlls all the requirements under the provisions of the Act 1 0f 2025 and the Rules made Lhereunder, the respondent authorities shall examine and consider the case of the petitioner if there is no restraining order by the competent court for mutation of subject property. In any event, if the application of the petitioner does not fulfilr the requirements of the Act 1 0f 2025 and the Rules made thereunder, the respondent authorities shall pass a reasoned order, in accordance with law and communicate the same to the petitioner' The entire exercise sha, be completed within a period of three (03) months from the date of receipt of the application. _

6. With the above observations, this Writ petition is disposed of. There shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed. //TRUE COPY// SD/- P.PADMANABHA REDDY DEPUW REGIST SECTION OFFICER The Principal Secretary, Revenue Department, S Hyderabad, State of Telanoana. The District Collector, Mah;bubabad District. The Revenue Divisional Officer, Thorrur, Mahabubabad District. The Tahsild-ar, Narsimhulapet Mandal, Mahabubabad District. One CC to SRI P.CHA|THANYA, Advocate tOpUCl L*g C9. tp 9i iln REVENUE, High Court for the State of Tetangana, at Hyderabad. [OUTJ Two CD Copies riat Buildings, To 1 2 3 4 5 6 7 PSK. KVq HIGH COURT DATED:0210512025 ORDER WP.No.14107 ot 2025 I { Y oe iiiil Sf4 ,e (_ o o 't 12 JUN zffi * /) -- ar/ j, DISPOSING OF THE WRIT PETITION WITHOUT COSTS l i i l . I I I I ,{ \0