✦ High Court of India · 17 Jun 2025

High Court · 2025

Case Details High Court of India · 17 Jun 2025
Court
High Court of India
Decided
17 Jun 2025
Bench
Not available
Length
1,427 words

.....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 writ, order, or direction more particularly one in the nature of writ of f\rlandamus declaring the inaction of the Respondent No.4 in processing and disposing the online application on lvtee-seva portal, vide Transaction lD No. 2400654259, E-challan No. csM240013s672, dated 25.09.2o24, for grant of succession and mutation of agricultural land in sy.No. l4516, ro an extent of Ac. 7-00 gts, in survey No. 74616, to an extent of Ac. 1-00 gts, in survey No. 739, to an extent of Ac. 1-26, and in survey No. 739, to an extent of Ac. 1_24 gts of Khalsa lbrahimpatnam Village, and Mandal, Ranga Reddy District as illegal, arbitrary, and violative of Articles 14, and 300-4 of the constitution of lndia and contrary to provisions of the Telangana Rights in Land and pattadar pass Books , Act and consequently :o direct the Respondent No 4 rnutate the petitioners name and issue new E-Pass;book in favor of the petitioner in respect of land in Sy'No' 745t6, lo an extent of Ac. 7-00 gts, in survey No' 74616' to an {lxtent of Ac' 1-00 gts, in survey No 73l), to an extent of Ac' 1-26' and in survey No 739' to an extent of Ac. 1-24 g'.s of Khalsa lbrahimpatnam Village' and Mandal' Ranga Reddy District. I.A.N O:1 OF 2025 Petition Under liection 151 CPC praying that in the circurnstances stated in theaffidavitfiledins.upportofthepetition,theHighcourtnraybepleasedto directtheResponden[No.4toconsideranddisposeoftheon|ineapplicationon Mee-Seva portal, vide Transaction lD No 2400654259 ' E-Challan No' CSM24O0135672 da\ed25.Og2024' in accordance with law' Counsel 1o. 11.tg pstitioner : SRI T'BALA MOHAN REDDY Counsel for the Respondents : AGP FOR REVENUE The Court made the following ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.L5 54O of 2O25 ORDER: This writ petition is filed seeking follorving reliei "to issue Writ, order, or direction more particularly oae in thc nature of Writ of Mandamus declaring the inaction of the Respondent No.4 in processing and disposing the online application on Mee-Seva portal, vide 'l'ransaction ID No. 2400654259, D-Challarr No. CSM2400135672, daLed 25-09.2024, for grant of succession and mutation of agricultural land in Sy.No. 745/6, to an extent ofAc. 7-O0 gts, in survey No. 246/6, to an extent of Ac. l-00 gts, in survey No. 739, to aD cxtent of Ac. l-26, and in survey No. 739, to an cxtcnt oI Ac. 1-24 gts of I(halsa lbrahimpatnam Village, and Mandal, Ranga Reddy District as illegal, arbitrary, and violative of Artictes 14, and 300-A of thc Constitution of lndia and contrary to provisions of Lhe Telangana Rights in Land and Pattadar Pass Books Act and consequently to direct the Respondent No. 4 mutate thc petitioners name and issue new E- Passbook in favor of the petitioner in respect of land in Sy.No. 745/6, to an exten[ of Ac. 7-00 gts, in survey No. 746/6, to an extent of Ac. 1-OO gts, in survey No. 739, to an extent o[,{c. 1-26, and in rurvey No. 739, to an extent of Ac. 1-24 gts oI Khalsa Ibrahirnpatnan Village, and Mandal, Ranga Recldy District and pass."

2. Considered the submissions of the learned counsel for the respective parLies and perused the record.

3. It is stated that the husband of the petitioner, late Saluvala Narsimha, was the absolute owner and possessor of agriculture lands admeasuring total extent of Ac. 11-10 guntas, comprising of Ac.7-00 guntas in Sy.Nos.745l6, Ac.1-OO guntas in Sy.No.746 /6, Ac.l-26 guntas in Sy.No.739 and Ac.l-24 guntas in Sy.No.739, situated at Khalsa Ibrahimpatnam Village. and Mandal, Ranga Reddy District (for short, ,the subject lald] and the said lands were duly recorded iu his name and issued Patta Number 437 and Passbook Number 147488. ...a'. i I ] I l 2 CVBR, J Vr.P.No.16540 of 2O25

4. It is fu.rther stated that during the iifetime of petitioner's late husband one I\4r. Saluvala Satyanarayana hlecl a parl.ition suit bearing O.S.No.162l of 20(t9, on tl-re file of the l-iCitiorral Senior Civil .ludge, Ranga- Reddy District at- Ibrahimpatnam and the same was dismissed vide judgrnent and decree dated 2,1.O3.2023, upholciing the exclusive title: and possession of the petitioner's latr: husband. It is further stated that the said Judgment and decree passecl :n O.S.No. 1621 ct 2OO9 has attained fir-rality. it is further stated that the petitioner has made an application [or- mutation and succession o[ ] hr, an(l u,hicir stands ir: the name ol her late husband in revenlle records, but even ait:r receiving the said application, the respondent authori[ies are not considering the same, to erLable he.r to receive various incenti..,es as investment subsielies. sanctioned bv the Government und.er various sche.-nes for culti,zation of the lands. ,".r.", this v,rit petition.

5. Learnetl Assistant Gorrcrnment Pleader lor Revenue has not disputed the issuance of pattadar passbook in favour- of the petitioner's husbancl. He furrther submittecl tfiat pending examination of the petitioner's application for grant of pouthi izafa/ succession certihcate and mutation of the errtries in her fllvour, the Act 9 of 2O2O has been rep,:alcd and replaced by the Telangana Bhu Bharati IRec rrd of Rights in Land) Act, 2025 (fcr short "the Bhu Bharati A':t") and in terrns of thc provisions of the Birr.r Bharati Act, Rules have becrL frerrnecl commorrly callert ns Telangana Bhu Bharati (Record of Rights in Land) Ruies, 2025 (for shcrt *thc Bhu BtLarati Rules") uide G.O.Ms.I,io.39, ll€\,snLle (Lan<l ACrninistration-I) Department, dated l l { i I I CVBR, J W.P.No.1654O of 2025

14.04.2025. Learned Assistant Government Pleader further submits thal since the petitionct has made an application under the provisions of the Act 9 of 2O2O and in view of the repiacement of the Act 9 of 2020 with Bhu Bharati Act, the petitioner is entitlcd to rnake an appropriate application as per Rule 4 of Bhu Bharati Rules in Bhu Bharati Portal and if the petitioner makes such application duly paying the prescribed fee, the .espo.rd".rt i, authorities would consider the sarne in accordance with law.

6. In view of the above submissions, this Court deems it appropriate to dispose of this writ petition permitting the petitioner to make appropriate online application in the prescribed format in Bhu Bharati Web Portal, seeking issuance of new pattadar passbooks in respect of subject iands in the prescribed format in Bhu Bharati Web Portal by duly enclosing necessary documents. In the event of such application being made by the petitioner and if the same fulfils all the requirements under the provisions of the Act I of 2025 and the Rules made thereunder, the respondent- authorities shall examine and consider the case of the petitioner. In any event, if the application of the petitioner does not fulf1l the requirements of the Act 7 of 2025 ald the Rules made thereunder, the respondent- authorities shall pass a reasoned order, in accordance with law and communicate the same to the petitioner. The entire exercise shall be completed within a period of three (O3) months from the date of receipt of the application 4 CVBR, J W.I'.No.16540 of 2025

7. With the above observations, this Writ Petition is disposed of There sha1l be no order as to costs. As a seqnel, the misccllaneous petitions pending, if any, shall stand closed. //TRUE COPYi/ AS q{ i SD/. M. NAGAMANI SIANT REGISTRAR S ECTION OFFICER to ,t. ,n" Principal Secretary, Revenue Department' Secretariat' State of Telangana at HYderabad- z. i[" oi.tri"t Co iector, Ranga Reddy.District 3. The Revenue tlivisionaibftier' lbrahimpatnam' Ranga Reddy District i. i'ri; i;;;lro;; rorar'imiatnam Mandal' Ransa Reddv District' 5. Two ccs to Gt'] Fod'i;vENiiii' iiJr' c"'i for the state of relangana at 6 iri,;,"cc i; 6'n 1.'enln MoHAN REDDY' Advocate toPU cl 7. Two CD CoPies Hvderabad [OJTI - -- SA GJP HIGH COURT DATED:171062025 I ,,: SLl €I 3 1E J,tL 2$6 Z,r) ).. t Op ,SPI.l. * ORDER WP.No.16540 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. \

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