✦ High Court of India · 10 Jun 2025

The High Court · 2025

Case Details High Court of India · 10 Jun 2025
Court
High Court of India
Decided
10 Jun 2025
Bench
Not available
Length
1,270 words

Nenavath Srikar, S/o. Jaoan Mohan, Aged about 3i years, Occ.private Employee, R/o Ftat No. 301. Suianiraya npirtine-ni.-srri;4;;; i;I'. uioii'ffi".,r'fli"riTc Uppat, Po Uppat, Ransa Reddy Datii;ipii, cdjEEobcisg ...PETITIONER AND 1 The State of Telangana, Rep. by its principal Secretary, Revenue uepanment, Secretariat buildings, Hyderabad

2. The District Collector, Nagarkurnool, Nagarkurnool District 3. The Revenue Divisional Officer, Nagarkurnool Revenue Division, Nagarkurnool District. 4 The Tahsildar/ Mandal Revenue Officer, Tadur Mandal, Tadur, Nagarkurnool Diskict ...RESPONDENTS Petition under Article 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon'bre court may be preased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamr:s, declaring the action of the 4th respondent in not mutating the name of the petitioner in the revenue records and not issuing the E pattadar pass books in the name of the petitioner the land in Sy No. 4o1tAA to an extent of Ac. 2.31 guntas situated at lndrakal Village, Tadur Mandar, Nagarkurnoor District is iflegar, arbitrary, contrary to the provisions of the Act-1 of 2005 and as well as the violation of the principles of natural .iustice, and as well fundamentar rights guaranteed under the constitution of lndia and consequenfly direct the respondents to mutate the name of the petitioner atrd iss ue of E Pattadar Pass Book in favour of the retitioner for the above said larcj rrrcl pass such order or other orders as this Hcn'ble Court deems fit and prope, in t're circumstances of the case. lA NO: 1 OF 2025 Petition undet lle c:tion 15'1 CPC praying that in the cirr:u m:;ta n.;es stated in the affidavit filed in s u5rport of the petition, the High Court may be plet,rsed Hon'ble Court may be pleas ecl to direct the 4th respondent to mutate the rlame of the petitioner in the concr:rred revenue records and issue E Pattadirr Pr;lss books in the name of the l)etiticrer the land in Sy No. 401/AA to an e)tent of Ac. 2.31 guntas situated at lrdra k.al Village, Tadur Mandal, Nagarkurrrool Dislrict forthwith pending disposal ,rf the above writ petition and pass such order or other, orders as this Hon'ble Courl ,le r:ms fit and proper in the circumstances cf th€' case. Counsel for the Pr:titioner : SRI R.DAYAKAR Counsel for the Resporrdents: ASST.GP FOR REVENUE The Court made the fc,llowing: ORDER HON'BLE SRI JUSTIEE C.V, BHASKAR REDDY WRIT PETITIOlY No. 14929 of 2025 ORDER: This Writ petition, under Article 226 of.theConstitution of India, is filed seeking the following reliel ^utoiing' ": . y i:st:e an appropriate uit order or d.irection more particularrg one in the na.Lure of wit of lrtandantus i)"orirg t?e acti:n of the 4th r"spor"dertt in noi ,L*io^o o1 the petitioner in the reuent Pattad.arpasso**,;";n:::ff #l;|:.;:;:":1:;:,:n?, Sy.No.401/etq b an ertent of Ac.2.3i guntats sitltattea at Indrakal Vili.age, Tadur t{andat, x"g"ri;ra""i:r,^o t" illegal, arbitrary, contraru to tlrc proiision" ol ine"ict I oy 2OO5 and as Llell as thc uit justtce.and",-",,n,i.,i::;:Xilf ;::*y"y;:),1#::;:: Constitution of India and uE respondents to mutate th_e name of the petitioner and. issue of D-Pattadar pass Book ir :!o,.:_"oid^d;;;;;"":{:;:iL{":::,,ff :':':;:;::,'/;- ff:::"?::," deems Jit and proper in tne ci*cu,liloi"." oy "o*Jqu"nttg ii.';t - c Considered the submissions made by the learned counsel for the parties and with their corsent this writ petition 1S disposed ofat the admission stage. 3' It is stated that the petitioner is the absolute owner and possessor of iand aclmeasuring Acs.2.31 guntas in Sy.No.4O1/AA, situated at Indral<al Village, Tadur. Mandal, Nagalkurnool District, having purchased the same through 2 registered sal,r deed dated O2'01 2006' From th': drrte of purchase of rl-re 1and, the petitioner is in peacelul posst"ssion and enjoyme:r t of the land and eking his liveliLLood by doing agricuitur,:. It is further stated that after '' purch asirrg the subject lan<[, even though respondent No 4 issued p-or;e':dings dated, 23.O9 .'.LO 2rO for mutating the name of the pr:titioner in the revenue rr:c<tt rls, the said proceedings have not been implemented It is further stated that after the IIOR Act ' 1971 was repeal,:rl zLnd replaced with the new enactm':nt of the Telanganir Rights in Land and Pattadar Passbooks Aclt 2O2O (for shor t ' I lrr: Act 9 of 2O2O"l, the petitionc;' n ade a represent at i()r1, dated 25 04'2025 seeking for issuarlce pattaclar p.rssbook and maliing necessary entries n flharani Portal to enu.trle him to enjoy the subject propert) f''ending "rf examinationcftheclaim,theActgof2O2Owasalsor:pcaled and replacecl vrith the Telangana Bhu Bharathi (Re';ord of Rights ir Larr,ls) Act, 2025 ( for short "Act No' 1 of 2025')' The grievance ,rl the petitioner is that e;en after receiving tne said representalicrL the respondent authorities did not consrder the caseoftlxrF,etitioneraldinvie'"vofnon-issuanceofthe pattadar passb'ook, he is not in a position to receive the various 3 rncentives sanctioned by the Govemment for cultivation of thc agriculture land. Hence, the present rvtit petition. 4. Lcarned Assistalt Govcnrment pIe ader for Revenue appearing for the respoudents vehemently cohtended that the petitioner has made an application under the provisions of the Act 9 of 2020, seeking mutation of his narne in the revenue records. Learned Assistant Goverllment pleadcr further submits that the saicl Act 9 of 2O2O has been rec:ntly repcaled and replaced with Bhu Bharati (Record of Rights in Laad) Act, 2O2S (for short "the Act No.I of 2025"), and as such the petitioner is cntitled to make appropriate apprication sceking for mutation of his name, in terms of the provisions of the said Act. .5. In view of the above submissions, this Court is of the opinion that the ends of justice would be met, if the petitioner is permitted to make appropriate application seeking for muhtion of his name in terms of the Act No.l of 2O2S dulyenclosing a.ll the documents and in such event of application being submitted by the petitioner, the respondent authorities are directed to consider the same and if the petitioncr is otherwise not entitled for issuance of e-pattadar passbook, the respondent auttrorities shaJl pass a reasoned order strictly in accordance with rarv and t ! 4 communi(la'e t're same to the petitioner within a period ol three (03) months frcn the date of receipt of a copy of this order

6. With thr: above observations, this Writ Petition is 6li1:poscd of. There sLall t,e no order as to costs. As :L r;eryre1, the miscellaneous petitions pr:nditrg. f any, shall stanil ,:1: s c,d. //TRUE COPY// To,

1. The Principerl lecretary, Revenue Department, S of Telangan 3. l-lyderabad SD/-A.V.S. PRASAD EPTJTY IIEGISTRAR q I sEcflON oFFICER retariat bu ldings, State

2. The District O()llector, Nagarkurnool, Nagarkurnool District 3. The Reverrue: t)ivisional Officer, Nagarkurnool Revenue Division, Niag;ia -fiurnool District.

4. The Tahsild;ar, \tlandal Revenue Officer, Tadur Mandal, Tadut, Nagarkurno,rl [)istrict

5. One CC tc 5iF I R.DAYAKAR, Advocate. [OPUC] 6. Two CCs to (iF' FOR REVENUE, High Court for the lltate: of -'elangana

7. Two CD Ccpttts;. BSK BS W { HIGH COURT DATED: 1 0 10612'.A25 I 1 i i I I -=----- I --='==:a: ),qI o( + o o ilE tuu 2P5 \* \. .rt_. - ., 0 ;-/ (n( > C) n+ ORDER WP.No.14929 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT CO,liTS f^1 ,4(' t! €

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