High Court · 2025

...RESPONDENTS Petrtion under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ order or direction more particurarry, one in the nature of writ of Mandamus, decraring the action of the respondent nos. 2 to 4 innot issuing e-pass book to the petitioner in respect of rand to an extent of Ac.o-25 gts, in Sy.no.354/Paiki situated at Banswada (VandM) Kamareddy District by updating the revenue records and by cancefling the pass book issued in favour of respondent no.5 for the subject land, despite representations dt.1 4_g_2O23, 22_2_ 2025' 24-2-2025, and 4-3-2025 submitted by the petitioner is iregar, arbitrarv, violative of principres of naturar justice and consequenry direct the respondent nos 2 to 4 to issue e-pass book to the petitioner in respect of subject rand by records and delete the nzrrle r f respondent recording his narn i i'T the revenue nO.5 in the reven t6 Tr,,])rdS. IA NO: 10F 2025 petition u.d 3r si,)ction 151 cpc praying that in the cL'curnsta rces stated in the affidavit filed ir s'rcport of the petition' the High Court m:y be plt ased to direct the respondent "r( s 2 'o 4 to consider and dispose of the latest rt rpresentations dts.22-2-2025, 24 '2" 2'15 and 4-3-20205 submitted by the petitioner for issue of e- pass book in r.s:rec[ of land to an extent of Ac.o-25 ,ts, in S y.no 354/Paiki situated at Banl;rn,ac:r (VandNn) Kamareddy District, by ca,.cel ing he pass book issued in favour cr te,s;pondent no 5 for the subject land' 1r:nrJing 'lisposal of the above writ petiti')r ir :tre interest of justice' Counsel for the Fletitioner :SRl' M V HANUMANTHA RAO Counsel for the' Fie:;condent NOs 1 TO 4 : GP FOR REVENUE Counsel for ther fter;ponderlt NO 5 :---- The Court made th'r following: ORDER _r =-.€-"@;e.; n} *ttl*k .E -- _----:7 HON'BLE SRI JUSTICE C.V. BIIASKAR REDDY WRIT PETITION No.13763 of 20.25 ORDER This writ petition is filed seeking to declare the action of respondent Nos.2 to 4 in not lssulng e-passbook to the petitioner rn respect of land Lo an extent of Ac.0.25 gts., in Sy.No.3S4/paiki, situated at Banswada Village and Mandal, Kamareddy District, by updating the revenue records and by cancelling the passbook issued in favour of respondent No.S for the subject land, despite represenrations dared 14.Oa.2O23, 22.02.2025, 24.02.2025 and 04.03.2025 submirted by the petitioner, as illegal, arbitrary and for other appropriate reliefs 2 Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition IS being disposed of at the admission stage

3. It is stated that the petitioner is the pattadar and possessor of the land admeasuring Ac.O.25 gts., in Sy.No.354/paiki, situated at Banswada Village and Mandal, Kamareddy District, having acquired the same through succession from his father and his name was also mutated in all the revenue records. The case of the petitioner is that without issuing any notice, the respondent authorities have recorded the name of respondent No.S in the .|:l: 2 CV BR. J \1, t .l -r?6i 2025 dharani p,)rla and issued e-pattadar passbook to rirlL in -espect of the subje r: tr,r'operty. Therefore, the petition,:r has made a representzlt or- in Prajavani on 14.08.2023 to ca-cel the pattadar passbook issr-r'r1 it-r favour of respondent No.5, h,tu't:'rer, no action has been -a,rr:r. The grievance of the petitioner is ;.hzr- evt n though he made rie ,'e -,r I representations to the responde - t authr ,rities, no action has l,er'rr taken till date. Hence, the presenr Writ P( tition.

4. Learn r:d :ounsel for the petitioner has vehe len tl1' < ontended that the ( Inr.r ies made in the pattadar pas;;brtok are only compilatir ,n ol t 1e survey numbers and the accou ltts for he. extent being merrt o:rl),1 in a particular village and there lor:, it does not take awar' :h: right of the petitioner in any mrnnci- unless the entrics in 11 e r:vcnue records have been correcte<l b1.' folir,wing due procedure.

5. Sn L R:L r .n der, learned Assistant Governntcn t P1e ader for Revenue, h rs sr-rbmitted that since the petitiont::' is sct king for cancellatior of nattadar passbook issued in favortr o'rt:spondent No.5, an .lncrtiry has to be initiated. Hcu'ei,:r- pending examinatirr r ,,1 :he petitioner's represen tations, Ihe r\ct 9 of 2020 has been : ,:; r rrled and replaced wilh Telangana Ilhu Bharati (Record ol ltie h s in Land) Act, 2025 (for short "..-re 3hu Bharati ,l 1 \ (r rulvt,l RarrlafeOOY UlstflOt 3 CVBR. J tllp 13763 2025 Act") and if the petitioner submits online application in the prescribed format in Bhu Bharati Web portal and if the same fulfills all the requirements of the Act 1 of 2O2S and the Rules made thereunder, the respondent authorities wili conduct enquiry and if the respondent No.S is not eligible for issuance of the pattadar passbook, they will pass appropriate orders in accordance with law.

6. It is seen from the Rules framed under Bhu Bharathi Act, vide G.O.Ms.No.39 dated 14.O4.2025, any person aggrieved by an entry made in the record of Rights is entitled to make an application under Rule 4 of the Rules for the rectihcation of the entries prepared and maintained under Section a(1) and 4(4) of the 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 record of Rights in respect of the said land, may apply through online in Bhu Bharati Portal for rectification of entries or for making new entry in such record of Rights within a period of one year from the date of commencement of the Act by paying necessary fee prescribed for carrying out necessary corrections.

7. In view of the above submissions, this Court deems it appropriate to dispose of the writ petition permitting the T I { CVt]R, J )O2i l.-hl .\r petrtioner 1( r-lake a fresh application under the Provisi.r rs of the Bhu Bhar: ti ,\ct and the Rules made ther..unler seeking cancellatior rl t.he pattadar passbook issuerl rrL Lvour of responder l No li, duly enclosing all the documents. [n I re event of such arp i:al,ion being submitted by the pctltior er, the respondent Lr;tt orities shall consider the case of the pcti,. oncr for correction cl"irr revenuc entries and consequential issr. ance of amended Di Lti,,td ar passbook, after issuing notic(t t() rt_,s tondent No.5 and rll oLler interested/ affected persons arrC rtr eLrt rr event, if the petiti ;n:r has not satisfied with the requi:crrLr:nr, ; of the provisions rl ,he Bhu Bharati Act ancl th: [i.u]c: made thereunde ', f i si:i a reasoned order and communic zrte thr: .casons thereon to tr1(. retitioner. The entire exercise sha ll b,t r:. npleted within a p,:r orl r>f three (03) months from the dat_. ot'rer:r ipt of a copy of thi; rrrl,-- -.

8. Witl'r trr,;rtove observations, this Writ petitior is disrosed of. There shal I e r:c, order as to costs. As a .cr1,el, the miscellaneous petitions .,en(jlng if any, shall stand c lor;,; 1. \ To, 1 sD -A. PRATHIMA ,/ '\[)EPUTY REGISTRAR / \ //TRUE COPYi/ \ \ \ tu sEc rloN oFFlcER \ The Stat,: ,:f -[: Secretariai, F 5rlerabad, The State of Telangana angana, Principal Secretary, RevUru': Depafir lent The Distric. Cc I ector, Kamareddy District. 2 3. The Sub C :ll,::.ori Revenue Divisional Officer, Kamare ,dc)'. Ka mareddy District.

4. The Tahirs lc.r - Banswada (lt4) Kamareddy District. 5. Achakunllz So':rthi, D/o late t\,4aruthi Aged 35 years o(r3' -ous':wife r/o Banswac a '\tardM) Kamareddy District 'l ------ \ DD GJP 7 6 One CC to SRl. lrzl V HAN[ ,&,",i"''" ;; il H:ffi :':; J::flJ::fl ".:"'" Two cD copies p- o rut ttr€ stote of Telangana. \ I I I I L \ HIGH COIJR'T DATED:30 t0412025 I I I I ) I I -*-, ,:: ' 1;:i:'_ 1 ,',E' :' i ' q i o c) $ 1 i'llt ffi l t ''f 91r 1.'' _*;,--.-: ORDER WP.No.13,'763 of 2025 (A- s6]\