✦ High Court of India · 10 Jun 2025

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
1,134 words

Petition under Article 226 of the Constitution of India 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 respondent in passing the Rejection the Order dated 10.12.2024 through Online Application vide No.2400129404 dated 08.12.2Oiq ana non-initiating to mutate the name of the petitioner in Dharani Portal and non-initiating to issue e- pattadar passbooks in respect of the petitioner's land to an extent of Ac.5.00 gts in Sy.No-732 situated at Anumula Revenue Village and tt/andal, Nalgonda District, and rejected the online application of the petitioner, without assigning any valid reasons, is highly illegal, arbitrary and violation of Principles of Natural Justice and also in violation of Articles, 14,21 and 300-4 of the Constitution of lndia, to set aside the Rejection the Order issued by the 2nd respondent and consequently direct respondent No.2 to 4 to mutate the name of the petitioner in Dharant Portal and to issue e- pattadar passbooks in respect of the petitioner's land to an extent of Ac.5.00 gts I in Sy.No.732 situated at Anumula Revenue Village and Mandal, Nalgonda District, by suspend the operation of the proceedings pursuarrt to Rejection order issued by the 2nd respondent dated 10.12.2024. lA 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 suspend the operation of proceedings pursuant to the Reject on order issued by the 2nd respondent dared 10.i2.2024, by directing the respondent No.2 to 4 to mutate the name of the petitioner in Dharani portal and j.o issue e-pattadar passbooks in respect of the petitioner's land to an extenl of Ac 5.00 gts in Sy.No.732 situated at Anumula Revenue village and lVlandal, Nalgonda District pending disposal of the writ petition. Counsel for the Petitioner: SRt RAPOLU BHASKAR Counsel for the Respondents: SRI L.RAVINDER, AGp FOR REVENUE The Court made the following: ORDER // HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.1 4870 of 2O2s ORDER . This writ petition is fiied seeking to declare the rejection order, dated 10.12.2024 passed by respondent No.2 as illegal and arbitrary and consequently prayed for other appropriate reliefs. 2 . It is stated tha t the wife of the petitioner by name podili Rangamma was assigned the land to an extent of Acs.S.OO guntas in Sy.No.732, situated at Anumula Revenue Village and Mandal, Nalgonda District through patta Certificate No.Bi2a56/96. It is further stated that the name of the petitioner's wife was incorporated in all the revenue records and pattadar passbook bearing No.128529 uide patta No.1022 was also issued in her favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 and the Rules made thereunder. It is further stated that after the death of his ',vile, the petitioner made an application seeking for passbock data correction and consequential mutation of his name in the revenue records and issuance of pattadar passbook under the provisions of the Telangana Rights in Land and pattadar Passbooks Act, 2O2O (for short "the Act 9 of 2O2O"l. The \\ iL 2 wp r48;ov?tij grievance of the petitioner is that his applicatior. was rejected, without assigning any reasons. Hence, this Writ F,etition. 3. Considered the submissions of the learned c:ounsel for the petitioner and Sri L. Ravinder, learned Assistan I Government Pleader for Revenue appearing for respondent N,ts.l to 4 and with their consent, this writ petition is being disposed of at the admission stage. 4. This Court has carefully examined the im pugned order rejecting the application submitted for passbook dilta correction and consequential issuance of e_pattadar pass book. Except saying that .,applicat ion for passbook DataL Correction 24OO1294O4 is cancelled", no valid reasons whatsoever has been assigned to enable the petitioner to take appropriate action. Since the impugned order is not in consonzrnce with the principies of natural justice, the same is liable to be set aside and accordingly, the same is set aside. Accordingdy, this Writ Petition is allowed. 5. Further, since the Act 9 of 2O2O has been r.epealed and qeplaced by the Telangana Bhu Bharati (Record rf 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 Bharatr (Record of k -7 ., CVBR, J Wp 14870 2025 Rights in Land) Rules, 2025 (for short "the Bhu Bharati Rules,,) uide G.O.Ms.No.39, Revenue (Land Adminisrration-I) Department, dated 14.O4.2O25, this Court is of the opinion that the ends of justice would be met if the petitioner is permitted to make a fresh application under the provisions of the Bhu Bharati Act and the Rules made thereunder and in the event of such application being submitted by the petitioner, the respondent authorities shall consider the case of the petitioner for mutation and consequential issuance of the pattadar passbook. In 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 reasoned order and communicate the reasons thereon to the petitioner. The entire exercise shall be completed within a period of three (O3) months from the date of receipt of a copy of this order. 6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. //TRUE COPY// SO/.MOHD. ISMAIL EPUTY REGISTRAR SECTION OFFICER The Principal Secretary, Revenue Department, Secretariat Building, Secretariat, Hyderabad, State of Telangana. The District Collector. Nalgonda, Nalgonda District. The Revenue Divisional Officer, lriliry-laguda Division, Nalgonda District The Tahsildar, Anumula lt/andal, Nalgonda District. One CC to SRI RAPOLU BHASKAR, Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana' at Hyderabad. [OUT] Two CD Copies \ To 1 2 3 4 E o 7 I'SK- BS I HIGH COURT DATED:1 010612025 ( ORDER WP.No.14870 of 2025 J o o - Srr. c- \{( 21 ,tutl 295 t ! sp,.,Tc1-l --- \:o ALLOWING THE WRIT PETITION WITHOUT COSTS Jqlulpo-

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