✦ High Court of India · 09 Jun 2025

High Court · 2025

Case Details High Court of India · 09 Jun 2025
Court
High Court of India
Decided
09 Jun 2025
Bench
Not available
Length
1,644 words

Smt. Mubarakunnisa Begum, W/o. Late Meer Ahmed Ali Khan, aged about 75 years, Occ. Household, represented by her GPA holder Syed lqbal AIi Hasmi, Rl/o. H. No.9-4-771118, Yousuf Takeri Colony, Towlichouki, Hyderabad. ,..RESPONDENTS Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd and 4th respondents in not considering pending online application submitted by the petitioner vide transaction lD No. 30T392300003389, dated 0611112024 to mutate her name in the Dharani portal as pattadar in respect of the remaining Ac.4-09 guntas in Sy. No. 554/4 at Nadergul village, Balapur Mandal, Ranga Reddy District, though the petitioner is legally entitled to mutate her name in the ROR as the orders passed by the 3rd respondent dated 2911012022 has become final, as illegal, unlawful and contrary to law and consequently direct the 2nd and 4th respondents to mutate her name in the ROR of the above land as pattadar and issue Dharani passbook in her favour in respect of the said land. IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the (lircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue interim order directing the 2nd and 4th respondents to consider the pending online application dated OOl11l2024 submitted b'/ the petitioner vide transaction lD No. 30T392300003389 for seeking mutati()n of the remaining Ac.4-09 guntas in Sy. No. 55414 at Nadergul village, Baliapur Mandal, Ranga Reddy District, pending disposal of main Writ Petition. Counsel for the Petitioner: SRI M.DAMODAR REDDY Counsel for the Respondent No.1 to 4: AGP FOR REVENUE: The Court made the following: ORDER I i i I i I I x i I i I I I l .,/ i., ORDER: THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETTITION No.147O5 of 2o25 This writ petition is filed seeking following relief "For the reasons stated in the accompanying affidavit the petitioner pray the Hon'ble Court may be pleased to issue an order or direction'more particularly one in the nature of Writ of Mandamus declaring the action of the 2"d and 4ft respondents in not considering pending online application submitted by the petitioner vide transaction ID No. 3OT392300003389, dated 06-11-2024 to mutate her name in the Dharani portal as pattadar in respect of the remaining Ac.4 09 guntas in Sy. No. 55414 at Nadergul village, Balapur Mandal, Ranga Reddy District, though the petitioner is legally entitled to mutate her name in the ROR as the orders passed by the 3.,r respondent dated 29.10.2022 has become hnal, as illegal, unlawful and contrary to laiv and consequently direct the 2nd and 4th respondents to mutate her name in the ROR of the above land as pattadar and issue Dharani passbook in her favour in respect of the said land, and pass such other order or orders tvhich are necessary in the interest ofjustice."

2. It is stated that originally land admeasuring Acs.1.20 guntas in Survey No.553 and Acs. 4.O9 guntas in Survey No.554, total admeasuring Acs. 5.29 guntas, situated at Nadergul Village, Balapur Mandal, Ranga Reddy District (for short, 'the subject land') was the Inam land and one Y.Durga Reddy was granted Occupancy Rights Certihcate uide proceedings No.J1396/1975 dated 31.05.1979 and his name was also mutated in the revenue records and accordingly, the said Y.Durga Reddy sold the subject land to the petitioner uide registered Sale Deed bearing Document No.5335 of 1982 dated 22.07.1982 and after purchase of the subject land, the petitioner's name was mutated in the revenue records and pattadar passbook and title deed were also granted in her favour. It is further stated that the Sft respondent and others frled an appeal before the Joint Collector under Section 24 of the Telangana Abolition of Inams Act, 1955 in Case 2 CVBR, J W.P.No.147OS of 2025 : No.Fl I 3489 /2OO 1 in which the Occupancy Rights Cr:rtificate granted to Y.Durga Reddy was set aside and the case was remanded to the Revenue Divisional Ofhcer, Ranga Reddy East and the Revenu.e Divisional Officer passed orders in Case No.J l1716l.2O22 dated 18.06.2005 granting Occupancy Righrs Certificare to the lnamdars namel5 Meer Mohmed Ali Khan, Meer Sardar A1i Khan, Meer Ahmed Ali Khan, Sons of late Meer Ahmed Khan. It is further stated that when the patta of the petitioner in respect of the subject land is proposed to be replaced with the Sm respondent, the petitioner filed a writ petition befo:e this Court uid.e W.P.No.21631 of 2OO9 and this Court granted interim order directing the Tahsildar to continue the name of the petitioner in the re venue records. It is further stated that the petitioner filed appeal before the Joint collector against the orders passed by the Revenue Divisirtnal Officer dated

18.06.2005 and the Joint Collector aliowed the said eppeal hled by the petitioner along with other connected Inam appeals by order dated

29.06.2019 and set aside the Occupancy Rights Cer-tificate which was subsequently granted to the Sft respondent and remanded the matter back to the 3.d respondent for conducting fresh enquiry in the: matter and the 3.d respondent, by giving notice to the 46 respondent and considering ali the documents filed by the petitioner and 5th respondernt, conhrmed the Occupancy Rights Certificate issued to y.Durga Reddy and also upheld the entries recorded in the name of the petitioner in respect of ttre subject land. It is further stated that respondent Nos.2 and 4 have issued Dharani Passbook only to the extent of Acs. 1.2O guntas and the land admeasuring . i I i I I CVBR, J W.P.No.147O5 of 2025 Acs. 4.09 guntas has not been mutated in the name of the petitioner. The grievance of the petitioner is that she submitted an online application dated

06.11.2024 uide Transaction ID No.3OT3923000O3389 to mutate her name in the revenue records in respect of the remaining extent of the land i.e., land admeasuring Acs. 4.O9 guntas in Survey No.554/4 and consequently issue new pattadar passbook in her favour, but till date the said application was not considered by the respondent authorities. Hence, the present writ petition.

3. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondent Nos.l to 4 and with their consent, this writ petition is disposed of at the admission stage. In view of the nature of relief sought for in this writ petition, issuance of notice to respondent No.S is dispensed with.

4. Learned Assistant Government Pleader for Revenue has submitted that Telangana Rights in Land and Pattadar Passbooks Act,2O2O has been repealed and replaced with Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 (for short, 'the Act I of 2025) and if the petitioner submits online application in the prescribed format in Bhu Bharati. Web \ t Portal and if the same fulhlls ail the requirements of the Act 1 of 2025 and the Rules made therelrnder, the respondent authorities will consider the same, in accordance with law. d,.-, 4 CVBR, J W.P.No.147O5 of 2025 ;

5. In vierv of the above submissions, this, Court deems it appropriate to permit the petitioner to make appropriat() online application in the prescribed format in Bhu Bharati Web Portal, seeking to mutate her name in the revenue records in respect of the land admeasuring Acs. 4.O9 guntas in Survey No.554/4, situated at Nadergul Villagt:, Balapur Mandal, Ranga Reddy District and for consequential issuance of pattadar passbook in respect of subject land. In the event of such application being made by the petitioner and if the same fulfills all the requirements under the provisions of the Act 7 of 2025 and the Rules maie thereunder, the respondent authcrities shall examine and consider the case of the petitioner. In any event, if the application of the petitioner does not fulfill the requirements of the Act 1 ol 2025 and the Rules made thereunder, the respondent authorities shall pass a reasoned order, in a(lcordance with law and communicate the same to the petitioner. The entire exercise sha1l be completed within a period of two (02) months from the date of receipt of the application.

6. With the above observations, this Writ Petrtion is disposed of. There shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed. //TRUE COPY// To, of Telangana SEcnoN oFFICER 1. The Principal S ecretary, Revenue Department, Secretariat, Hyderabad, State 2 The Joint collector, Ranga Reddy District, office at Lakdikapur, Hyderabad 3. The Revenue Divisionar officer, Kandukur Division, Rancta Reddy District. SD/.MOHD. ISMAIL EPUTY REGISTRAR AP ,lv ,J I Lutt*.*i . inl:?i';ry ;_lryr /./

4. The Tahsildar, Balapur Mandal, Ranga Reddy District. 5. One CC to SRI I\iI.DAMODAR REDDY, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies B B SR S ry,- HIGH COURT DATED:0910612025 \ \ ORDER WP.No.14705 of 2025 I ( -) o t) ) HE Sr,i/ ( | [ jt]N zP-5 4'c'.r'. -r=-_. DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 1 5

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