The High Court · 2025

Judgment

1. about 62 years, Occ. 6 years, Occ. Business Mandal, Ranga Reddy ...PETITIONERS 3 4 ro+#*****'*m{muffi;;T;,: ..,RESPONDENTS I please ctrcum Petition under Article 226 of lhe Constitution of lndia frraying that in the stances stated in the affidavit filed therew the High Court may be d to issue a Writ of Mandamus or any oth er appropriate Writ or Writs, Order or Direction declaring and setting aside the order dated 16.5.2025 in Report No.D/Gandip et/PDC.Appti. N o. 2SOOOO299 4 and other lDs on the file of the 2nd Respondent as illegal, arbitrary and with out jurisdiction and to conse quenfly direct the 2nd Respond ent to re-consider the applications made by the petiti oners online through Dharani Portal vide TM 33 Module dated 20.1-2025 and forthwith delete the agricultural la nds of the petitioners totally admeasuring Ac. 6.27 guntas in Sy No. 1421E and 1 42/RU of Kismathpur Vi[ age, Gandipet Mandal, Ranga Reddy District from the prohibited list mainta ined under Section 22 A ot Registration Act and i ssue new pattadar pass books to the petitioners by extending the benefits u nder Rythu Bharosa Schem e, Award costs lA NO: 1 OF 2025

PetitionUnde.Sectionl5lCPCprayingthatintheCircumstancesstatedin the affidavit filed in support of the petition, the High Court may be pleased to issue interim direltions to the Respondents to forthwith re-consider the the petitioners online through Dharani Portal vide TM 33 apprications ,ro" \ Module dated 20.1 .'.2025 and delete the agricultural lands of the petitioners totally admeasuring Ac. 6.27 guntas in sy No. 142lE and 142lRU of Kismathpur village, Gandipet tvlandal, Ranga Reddy District from the prohibited list maintained under section 22 A of Registration Act and issue new pattadar pass books to them by extending the benefits under Rythu Bharosa Scheme, without reference to the impugned order dated 16.5-2025 in Report No' D/GandipeVPDC.Appli.No.2500002994 and other lDs on the file of the 21 d Respondent, by taking into consideration of the order dated 18.12.2024 passed by this Hon'ble court in w.P.No. 28221 of 2017 and the counter Affidavit filed by the District Collector, Ranga Reddy District in the said writ petition, pending disposal of Writ Petition No. 16066 ol 2025 Counsel for the Petitioner: SRl. N. SREEDHAR REDDY Counsel for the Respondents: AGP FOR REVENUE The Gourt made the following: ORDER t -7 I ORDER THE IION'BLE SRI JU STIC E C.V. BHASKAR REDDY WRIT PET ITION No.1 6066 of 2o.25 This writ petition is filed seeking following relief: .*,..::::TlT f llil::i-#+::;" ".^i:"iilffi r# :#r 16 5-2025 in Reporr No'D/candipet/pDC.Appli. No. 2500002994 ard other IDs on the file of the 2nd Respondent, as i[egal, arbitrary and without jurisdiction and to consequently direct the 2"d Respondent to re_consider th petitioners online rhroush Dharani portal vide ,, ., ,:r:i:':TJ"t::J:rTr.*J; forthwith derete the agriculturar rands of the petitioners totally admeasu irrg Ac. 6.27 guntas in Sy No. 142lE arrd 142/RU of Kismathpur Village, candipet Manda.l, Ranga Reddy District from the prohibited list maintained under iection 22 A of Registration Act and issue new pattadar pass books to the petitioners by extending the benelits under Rythu Bharosa scheme; Award costs and pass such other or further orders as are deemed fit and proper in the circumstances of the case.. 2 It is stated that the lsr petitioner is the owner and possessor of agricultural land admeasuring Acs. 2. 1 3 guntas in Survey No.142 /8, situated at Kismathpur Village, Gandipet Mandal, Ranga, Feddy District, having purchased the same through registered Sare Deed bearing Document No.5025 of 2006 dated 31.O3.2006. It is further stated that 2.a petitioner is the owner and possessor of agricultural land admeasuring Acs. l.0O guntas in Survey No.142/E, sitauted at Kismathpur Village, Gandipet Mandal, Ranga Reddy District' having purchased the same through registered SaJe Deed bearing Document No.5430 0f 2007 d,ated 26.05.2007. rt is further stated that the mother of the 2.a petitioner, who clied recently, had purchased lald admeasuring 3.14 guntas in Survey No.l42/RU, Gandipet Mandal, Ranga Reddy District, situated at Kismathpur Village, Acs -- 2 CVBR' J W.P.No.16066 of 2O25 having purchased the same through registered Sale Deed bearing Document No.1213 of 2o05 dated 21' 1 1 2005' thus the family of the petitioners have purchased agricultural land admeasuring to a total extent of Acs' 6 '27 at Kismathpur Village (for short' 'the guntas in Survey No.la2, ;tuated subject landJ. It is furtheftated that the petitioners were informed that the subject land is surplus vacant land and the Urban Land Ceiling authorities have taken possession of the subject land' uid'e CC No Dl/8350176' It is further stated that the petitioners have hled a writ petition before this Court uideW.P.No.2S22lof20lTquestioningtheproceedingsinitiatedunderthe Urban Land (Ceiling and Regulation) Act' 1976 (for short' 'the ULC Act') and this Court, basing on the counter afhdavit filed by the District Collector' Ranga Reddy District, allowed the said writ petition by order dated 18.12.2024 which has become final as on date and in view of the same' the proceedings initiated under the ULC Act against the subject land are no more in force as the possession of the same was not admittedly taken from the declarants before the ULC Repeal Act came into force lt is further stated that the petitioners made applications for issuance of e-pattadar passbooks through online portal on 20 'O2 '2025 along with representation for deletion of thesubjectlandfromtheprohibitedlistmaintainedunderSection22-Aof the Registration Act, 1908, but as no action was taken by the respondent authorities, the petitioners have hled W'P'No' 13553 of 2025 before this court and this court has disposed of the said writ petition uide order dated 3o.o4.2o2Sbydirectingtherespondentstoconsidertheapplicationofthe .J CVBR, J W.P.No.16O66 of 2O25 petitioners dated 20.01.2025 submitted under TM 33 Module for deleting the subject land from the list of prohibited properties and consequently issue pattadar passbook to the petitioners in accordance with law in force within a period of three (03) months from the date of receipt of copy of the order. It is further stated that the petitioners have submitted applications bearing Nos.25O0002994, 250OOO3OS2 and 25000O3032 for passbook data correction for N(rnal Khata to patta for the subject land, but the 3d respondent has rejected the same in view of the recommendations made by respondent Nos.3 and 4 that the Survey No. 142 is notified in 22-A register and the applicant has not submitted the No objection certilicate issued by the competent authority uide proceedings in No.D/Gandipet/PDC.Appli.No.250ooo2994 and other IDs dated r6.05.2o25 Report the subject land. 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 the respondents and with their consent, this writ petition is being disposed at the admission stage. t

4. Learned counsel for the petitioners contended that the District Collector, Ranga Reddy District has hled a counter affidavit in W.p.No.28221 of 2017 wherein he has categoricaliy admitted that the possession of the subject land could not be taken in spite of issuance of proceedings under Section 10(6) of the ULC Act in view of the fact that the proceedings under i / 4 CVBR' J W.P.No. 16O66 of 2O25 -I \ Section 8(4) of the ULC Act have been stayed in the appeal hled before Chief Commissioner of L'and Administration' therefore placing the subject land in the prohibited list maintained under Section 22-A of the Registration Act' 1908 on the ground that the subject iand is hit by the provisions of the ULC Actisvitiatedinr,iewofULCRepealActcomingintoforce.Therefore,the impugned order ol the 3'd respondent is bereft of any reasons' much less as to how the applica'tions of the petitioners could be rejected when the subject land is not hit by the provisions of the ULC Act'

5. 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 1 of 2025\ and if the petitioner submits online application in the prescribed format in Bhu Bharati Web Portal and if the same fulfrlls all the requirements of the Act 1 of 2025 ar.d the Rules made thereunder, the respondent authoritiep will consider the same, in accordance with law'

6. In view of the above submissions, the impugned order dated f6.O5.2O25 passed by the 3'd respondent uide Report No' D/Gandipet/ PDC.Appli'No.25OOOO2994 and other IDs dated 16'05'2025 is set aside and the petitioners are permitted to make appropriate online applicationintheprescribedformatinBhuBharatiWebPor|al,seeking data correction ol the passbook for Notional Khata to patta in respect of the 5 CVBR. J W. P.No. 16066 of 2O2S subject land and for issuance of pattadar passbook. In the event of such application being made by the petitioner and if the same fulfilrs a, the requirements under the provisions of the Act 1 0f 2025and the Rules made thereunder, the respondent authorities shall examine and consider the case of the petitioner by duly taking into consideration the statement being made by the District co,ector in the counter affidavit filed in w.p.No.2g221 "f 2077 and if the nature of the subject land has not been ceased to be an agriculturar rand' In any event, if the application of the petitioner does not fulfill the requirements of the Act 1 of 2O2S and the Rules made thereunder' the respondent authorities sha, pass a reasoned order, in accordance with law and communicate the same to the petitioner. The entire exercise sha, be completed within a period of three (o3) months from the date of receipt of the application. 4p 7 With the above observations, this Writ petition is disposed of. There shall be no order as to costs. Miscellan eous applications, if any pending, shall stand closed To, //TRUE COPY// S I SRINIVASA REDDY TANT REGISTRAR SECTION OFFICER 1 lbrahimpatnam Mandal, Ranga Reddy District. The Principal Secretary to Government, Revenue T.S.,Hyderabad partment at Secretariat, 2. The Additional Collector, Ranga Reddy Dist. at Kongara Kalan Village, 3 The Revenue Divisional Officer, Rajendranagar. Ranga Reddy District. 4. The Tahsildar, Gandipet fVlandal, Ranga Reddy District 5. One CC to SRl. N. SREEDHAR REDDY, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE,High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies BM GJP HIGH COURT DATED:1 310612025 I i ORDER WP.No.16066 of 2025 2 o siP zflfr 'i.. * - \i'.-- 1,i,-. \: -_- I DISPOSING OF THE WRIT PETITION WITHOUT COSTS YI <13 a yl-