High Court · 2025

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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the inaction of the respondent No.3 herein in taking steps to mutate the name of the petitioner in the revenue records and to issue the pattadar pass books and title deeds in respect of the lands in Sy.No.90 admeasuring ac- 3.00 gts., situated at Yethbarally village, Moinabad Mandal, R.R.District, pursuant to the written representation dl.3-4-2024 followed by personal visits, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the 3rd respondent herein to mutate the name of the petitioner in the revenue records and to issue the pattadar pass book and title deed to the petitioner in respect of the above mentioned lands. lA NO: 1 OF 2024 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 authorities to consider and pass orders on the representation dt.3-4-2024, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI M.LAYEEQ KHAN Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR R"EDDY WRIT PETITION No. 16245 of 2024 ORDER: This writ petition is frled with the following relief:- "...to ksue an appropriate WiL Order or Direction, mare particula U otae in tle nature of Writ of Mondanrus, to dedore the irurctioa of th.e reslnn-dpnt No.3 herein itl taking steps to m tate the nanne of th.e petittoner in the reuenue reards drvi to i.ssue the pdttadar pass Zrooks and title d.eeds in lespect of tLe lands in Sg.No.go odmeosuring ac.3.Oo gts., situated at Yethborallg uilloge, Moinabad MandaL R.R.District, pursuant ta tlle uitten representdtian dt-3-4-2024 folloued bg personal ui.sits, a.s beilE iltegal, drbitrary, unjust arvl uncnnstitutional and urtsequentlg diect the 3'd respondent herein to mutate tle name of th.e petitioner in the reuenue reards and to issue the pattadar poss book and title deed to the petitioner in respect of the aboue mentioied land-s, aru7 to grant such other relief or reliefs os thi-s Hon'bte Court deem.s fit atul proper in the circunstances of the c.o.se'

2. Heard the submissions of both the learned counsel and perused the record.

3. It is stated ttrat the petitioner's grandfather was the pattadar and possessor of the agricultural land to an extent of AC.O3-OO guntas in survey No.90, situated at Yethbarpally Village, Moinabad Manda1, Ranga Reddy District, having purchased the same r.rnder registered sale deed vide document No.1773 of 1986, dated

28.08. 1986. It is further stated that the petitioner's father died due to cancer in the year 2O00 and during his life time, petitioner's grandfather has executed a Will Deed dated 07.04.2O00. It is further stated that at the time of death of his father, she was a minor and she was not aware about frling of an application under 2 CVBR, J w 16245 2024 Section 4 of lhe ROR Act for updating the record of rights or for granting of POuthi lzafa. It is further stated that the petitioner has submitted a representation dated O3.O4.2O24 dulv enclosing the family membcr certihcate and also the consensus settlement deed arrived among the family members for updating of the record of rights.

4. Learnetl counsel appearing for the petitioner vehemently contended thilt, as per Section 6 of the ROR Act, 2O2O, if the family members of the dcceased pattadar arrives a consensus through a settlement dl:<xl lor the division of shares in the respective properties, and t.here is no.dispute among the co-sharers or any of the successors in interest of the deceased pattadar, the Tahsiidar is conferrcd u ith the power to update the record ol rights and issue pattadar passbooks accordingly, as per the provisions of the ROR Act,2O2O

5. I-carned Assistant Government Pleader for Revenue appearing for the respondents has submitted that the petitioner has not subrnitted the application in the prescribed format of Dharani Portal, so as to enable the Tahsildar to examine the same either for granting of succession/pouthi lza.fa or for the consequential issuance of pattadar passbooks duly recording the name of the putitioner or other co-sharers of the property. r. -, i i I i i 3 CVBR. J w_16245 2024

6. Since, it is stated that the petitioner's father died in the year 20O0, and the petitioner relying upon the Will Deed dated 07 .O4.2OOO, has made a representation to the respondent authorities on O3.O4.2O24 for updation of record of rights, this Court is of the opinion that ends of justice would be met if the petitioner is permitted to submit an appropriate application in the prescribed format, duly enclosing all relevant documents, including the alleged Will Deed executed on 07.O4.2OOO. Upon submission of such an application, the respondent authorities are directed to examine the same, conduct an enquiry in accordance with Section 6 of the ROR Act, 2O2O tor granting mutation, and issue notices to all interested and affected parties and pass a reasoned order in accordance with law, within a period of three months from the date of frling the application 7 . With the above observations, this writ Petition is disposed of. There shall be no order as to costs As a sequel, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. To, //TRUE COPY// SD/. P.Ch. NAGABHUSH ASSISTANT REGIS TRAR ECTION OFFICER Revenue DePartment' Secretariat, HYderabad' State

1. The PrinciPal Secretary' of Telangana' The District Collector, R R'District At Kongarakalan' The Tahsildar, Moinabad Mandal' R R' District' One CC to SRI M LAYEEO KHAN' Advocate [OPUC] 2 4 e 5 Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies BSR GJP l ..,1 I t HIGH COURT DATED: 2310112025 \ \ ORDER WP.No.16245 of 2024 Y-* 't,rlE 5Ia tr 2i,r ll il 2025 o ( z o DISPOSING OF THE WRIT PETITION, WITHOUT COSTS z /z // ,/s,/<5