Saleem Rasool Shaik v. 1. The State of Telangana

.....RESPONDENTS 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 nature of Writ of Mandamus declaring the action of the Respondent No.2 herein in deleting extent of Ac. 0-20 guntas of land belonging to petitioner in Sy. No. 134lO of GadimunkanPally Vitlage, Damargidda Mandal, Narayanpet District, Telangana from latest Dharani record, without any reason or basis or notice to the petitioner and not acting on the petitione/s application for rectification of record vide application dated 20.04.2024 as being illegal, arbitrary and violative of rights guaranteed under Article 300-4 of the Constitution of lndia i,lnd consequently to direct the respondent authorities to consider my representatic,n dated 20.04.2025 and restore the said extents of land to the petitioners. |.A.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 Respondent No.2 and respondent No.4 not to entertain any sale transaction pertaining to subject land to an extent of Ac 0-20 6:ts of land belonging to Petitioner which is recorded in the name of Respondent No.5 with subdivision of Sy. No.'134l 6? /2, situated at Gadimunkanpally village, Damargidda Mandal, Narayanpet, pending final disposal of the above writ petition. |.A.NO:2 OF 2025 Petition Under Section 151 CPC praying that in the circ:mstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 to consider the representatior of the Petitioners application for rectification of entries by recording of deleterj extent, dt. 20-04- 2024 in respect of land of the Petitioner in Sy.No. Sy. No. 1?i4l P, belonging in Gadimunkanpally village, Damargidda Mandal, Narayanpr;t District pending disposal of the above writ petition. Counsel for the Petitioner : SRI G.RAMAKRISHNA REDDY Counsel for the Respondent Nos.1 to 4 : SRI L.RAVINDER, AGP FOR REVENUE Counsel forthe Respondent No.S : - The Court made the following ORDER HON'BLE SRI WSTICE C.V. BHASKAR REDDY WRIT PETITION No.13857 of2o.25 ORDER: It is stated that the petitioner is the own"er and possessor of the agricultural land admeasuring Ac. 1.06 guntas in Sy.No.134/0, Ac.O.O8 guntas in Sy.No. 135/LU; Ac.O.O 1 gunta in Sy.No. 13/6a?)D; Ac.O.09 guntas in Sy.No.141/2" and Ac.0.O1 guntas in Sy.No.22/6, situated at Gadimukanpally Village, Damargidda Mandal, Narayanapet District, having succeeded the same from his father. It is further stated that the name of the petitioner was recorded in the revenue records and he was a-lso issued pattadar passbook No.TO105619O8O9 uide Khata No.60253 under the provisions of the Telarlgala Rights in Land and Pattadar Passbooks Act, 2O2O (for short "the Act 9 of 2O2O"l. lt is further stated that without issuing any notice the respondent authorities got recorded the land to an extent of Ac.0.2O guntas with sub-division number 134 / a /2 in the name of one Gafoor Sab and therefore, he made a representation, dated 2O.O4.2O24. It is further stated that taking advantage of the same when neighbouring owners made efforts to interfere with the peaceful possession of the petitioner 2 CVBR, J wp 138s7 2025 over the subject land, the petitioner a]so instituter I a suit ude O.S.No.42 of 2024 on the file of the Junior Civil -udge, Kosgi, Narayarrpet District and the said Court also graltr:d od interim injunction in l.A.No. lOO of 2024. therefore, tlre petitioner made a representation, dated 20.04.2024 seeking frr correction of ttre entries. The grievarrce of the petitioner is that even after receipt of the said representation, the responden - authorities did not consider the same.

2. Considered the submissions made by the ieaned counsel for the petitioner; Sri L.Ravinder, learned Assistalt Government Pleader for Revenue appearing for respondent Nor,.l to 4 and with their consent, this writ petition is being dispor;ed of at the admission stage. In view of the nature of relief s ought for in this writ petition, issuance of notice to the unofficia I respondent is dispensed witl..

3. Learned counsel for the petitioner has vehemently contended that the entries made in the pattadar lassbook are only compilation of the survey numbers ald the rccounts for the extent being mentioned in a particular village ard therefore, it does not take away the right of the petitioner in any manner l I I I I I I J I l ,,/l 3 cvB& J wp 13E57 2025 unless the entries in tire revenue records have been corrected by following due procedure.

4. Sri L.Ravinder, learned Assistarrt Governrnent Pleader for Revenue, has not disputed t1.e issuance of pattadar passbook in favour of the petitioner and a-lso the submission of the application made by the petitioner. Learned Assistant Government Pleader . further submitted that, pending examination of the petitioner's application, t.l.e Act 9 of 2O2O has been repealed and replaced by the Telangala Bhu Bharali (Record of Rights in Land) Act,2025 (for short "the Bhu Bharati Act") and in terms of the provisions of the Bhu Bharati Act, Rules have been framed commonly called as Telangana Bhu Bharati (Record of Rights in Land) Rules, 2O25 (for short "the Bhu Bharati Rules") urZe G.O.Ms.No.39, Revenue (Land Administration-I) Department, dated 14.04.2025. Learned Assistant Government Pleader further submits that silce the petitioner has not made any application in the prescribed proforma and if the petitioner makes such an application duly paying the prescribed fee, the respondent authorities would consider the same in accordance wit]. law. 4 c\ts& J wp 13857_2025

5. As per Rule 4 of the Bhu Bharati Rules, any person aggrieved by al entry made in the Record of Rigirts prepared and maintained under Section 4 (1) to a $l of the Bhu Bharati Act or a-rry person, who is in lawful possession of he iand and claims right over the same but an entry was not made in the Record of Rights in respect of the said iald, may a1tply through online in Bhu Bharati Portal for rectihcation of entries or for making a new entry in such Record of Rights withi:r a period of one yea,r from the date of commencement of the Bhr. Bharati Act or from the date on which such wrong entry was ;rrepared and updated altd placed in the Bhu Bharati Portal r r-nd pay the prescribed fees.

6. In view of the above submissions, this Cortrt is of the opinion that tl.e ends of justice would be met if the petitioner is permitted to make a fresh application under the I rrovisions of the Bhu Bharati Act and the Rules made thereun,ler within a period of two (O2) weeks from the date of receipt of z copy of this order and in the event of such application being s.ubmitted by the petitioner, the respondent authorities shall r :onsider the case of the petitioner for correction of the revenue entries and consequential issuance of the amended pattadar prrssbook. In 5 c\ts& J Wp_13857 2025 any event, if the petitioner has not complies with the requirements of the provisions of the Bhu Bharati Act and the Rules made thereunder, pass a reasoqed order and communicate tJ:e reasons thereon to the pelitioner. The entire exercise shall be completed within a period of three (03) months from the date of receipt of a copy of this order.

7. With the above observations, this Writ petition is disposed of. There sha-Il be no order as to costs.

8. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/.S.MALLIKARJUNA RAO A SISTANT REGISTRAR SECTION OFFICER

1. The Principal Secretary, Revenue Department, Dr R.Ambedkar. Telangana State Secretariat, Khairtabad, State of Telangana at Hyderabad - 5OO 022.

2. The District Collector, Narayanpet District, Narayanpet, Telangana. 3. The Revenue Divisional Officer, Narayanpet Division, Narayanpet, Narayanpet District, Telangana.

4. The Tahsildar, Damaragidda Mandal, Narayanpet District, Telangana. 5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

6. One CC to SRI G.RAMAKRISHNA REDDY, Advocate IOPUC] 7. Two CD Copies SA/BSK { \ To I I ,: gl 1H €r {: ) f 11 JUN ?{ffi t l)[ ,i1l c rr€! ) HIGH COURT DATED:01 10512025 ORDER WP.No.13857 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. \\ 6\ar