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 pass order or orders one in the nature of WRIT OF MANDAI\/US by decraring the action on part of respondent No.3 in rejecting the apprication filed for succession and mutation online in Dharni dated 17 j22024 vide Reference No.2400807039 in respect of property in Sy No'8/A/ I t1l|' admeasuring of Ac.06.l2Guntas,situatedatchandanagarVillage,lvloinabadMandal'Ranga Reddy District, as illegal, arbitrary' contrary to the principles of natural 'iustice' contrarytoprovisionsRecordofRightAct,2020,withoutfollowingtheprinciples ofaudialterampartemandviolativeofordersofthisHonourableHighCourt inW.P.No.3516of2025dated07.O2.2o25'therebysetasidetheorderofrejecting \ i I I I I I I I I I i I I i ] : : I I i i I ! I 1 I : I I I I I i I I I t I the application ,ri ii e petitioner and direct the concernerd re spo,rdent to hear the matter a fresir b y rs's;urng notice to the petitioner and foflowing due process of raw, and as per pro',i:;irns prevaiting law or Record of Right A;t, 2o2o as the case may be, so alsc acirle by the orders of this Hon,ble court in rv.p No.35.1 6 of 2025 dated 07.02.20ir5, llnsequenfly decrare the actions on r)art rf the respondents in entertaining ar 7 r:onsidering the appiication for nruta:icr vide reference No.250000421tC ir respect of the subject property in resF,ect of land in Sy No S/A/1/ ' i'i ' tc en extent of Ac.6.12Guntas, situated at ohardanagar Vi age, lvloinabad Maro al Ranga Reddy District, filed by 3rd pr6;1i1,5, r ot known to the petitroner, wifl'o rt considering the objection cum representaticn dated 16.06.2025 as illegal, arbitrar',, riorative of principre of naturar justice, cln[rirry to provisions of law, thereby I -.r;t the respondent not to effect any ch.ng;e rn the revenue record pertainrnfi 'l he subject property in respect of rand irr Sy No.g/A/.1/1/1 , to an extent of Ar'rr.1ir(luntas, situated at chandanagar ViIage. r\.4c inabad NIandar, Ranga Reddy D s1r r;t, without notice to the petitioner rand withcut hearing the petitioner, so a srr may prease to direct the respondert t, consider the representation oi .irr: petitioner dated 16.06.2o2s and to rssu: notice to the petitioner and s'cr- 3rd parties to hear the appricati.n cf th -' petitioner for succession and "u:'r 3rd parties apprications and to pass ar)prorrriate order not without hearing tlre t,etjtioner. l.A.NO:1 OF 2025 ' Petition IJn're,r iection 15i cpc praying that in the circrrmsl ances stated in the affidavit filerj n s toport of the petition, the High Court may be 1,1s25s6 to pass order or orders o're rr the nature of interim suspension of th,: im ruged order of rejection, reject n(- Ihe apprication of the petitioner for su<;ces;ion vrde reference No 2400807039 clare c 17.12.202s in respect of rand in Sy.rJo.B 'Ar1r111, to an extent of Ac 6. r213u rtas, situated at chandanagar Vi[age, \40ir abad lzrandar, Ranga Reddy D st -icrt pending disposal of the main writ petitior . l.A.NO:2 OF 2025 I Petition Unc er section i 51 cpc praying that in the circurrstz nces stated in the affidavit fired ir support of the petition, the High court nray lre p eased to pass order or orders one in the nature of direction' directing the respondents not to effect any changes in respect of the subject property in Sy No BiA/ 11 1l I ' lo an extent of Ac,6.1 2Guntas, situated at Chandanagar Village' Moinabad lvlandal' Ranga Reddy District, in any manner whatsoever' so also not to implement any orders of any manner whatsoever, if passed' including but not limiting to orders passed in mutation application vide reference No 2500004250' thereby not to entertain any transaction and incorporate or effect any changes in revenue records in respect of land in Sy No S/Ai 1/1/ 1 ' to an extent of Ac 6 l 2Guntas' situated at Chandanagar Village, Moinabad ttlandal' Ranga Reddy District' pending disposal of the main writ petition' Counsel for the Petitioner : SRI ASHUTOSH B'JOSHI Counsel forthe Respondents : SRI L'RAVINDER' AGP FOR REVENUE The Court made the following ORDER I I , , I I I * * t * I q ! 1 TH_Ei_ttt) N'BLE SRI JUSTI CE C.V.BHAS KAR REf,IDY WRIT PETITION No. L7rO3 of2O25 ORDER: This wri l ;e t i : on is filed seeking following relief: "For the rrir.o,.i statcd in the accompanying aflidavit, 1t is l)r,r],ed that this Honourable C,i r : rrr be please to pass orcler or orders one irr thr rrrrtr re of WRIT OF MANDAMUS lrr r:r r lrring the action on part of respondent Nc il ir rejecting the application file c[ ro ; rccession and mutation online in Dharni dar.^(l 1 ,.12.2024 vide Reference *o 241rlit( "039 ir.r respect of property in Sy.No.g/A/ 1/ 1 /1 admeasuring of Ac.06.12 Gu nt as '.r r rated at Chandanagar Village, Moinabarl Manrlal Ranga Reddy District, as illeqi- , .r'l)itrarv, contrary to the principles ofnatrral usti,re, contrary to provisions Rec rrr ot Ilight Act, 2020, without lollowing the princilles cl auc)r c teram r',i :f orders of this Ilon,ble High Court irr fV.,.\o 3516 of 2025 podem and vi,)ii dated 07.O2.2(t) , '. rer-eb-v set aside the order of rejecting the appl cation of the petitioner and ir rr:t the concerned respondent to hear the mttter .l frr sh bY issuing notice to the re irio:er and following due process of law, and as l)er provisions prevailing la\v or lr:r.:rd of Right Act, 2020 as the case may tre, sr als( ahide by the orders of this Iio- ,lrlt Court in W.p.No.3516 of 2025 dated 07.O2.iA2S, consequently declare the actio.s (1, part of the respondents in entertaining arLcl cr nsidering the application for 1r rirato. vide reference No.25oooo4250 in resprcr cr the subject propertY in resp( rT r land in S1..No.B/A/1/l/1, to an extent o A.c.5.12 Guntas, situated at Charr rri,par-\/illage, Moinabad Mandal, Ranga Re(lcll. I,is1ri rt, filed by 3.d parties, not kt,,\.: to the petrtioner, without considering t1 e ol)jrxrtion cum representation rla :r 16.O6.2025 as illegal, arbitrary, violativc of ,.ir.rr:irrle of natural justice, contraF t ) r) ( \'isrons of Ia*, thereb' direct the respo^dcn not to effect any change in the rt\..1r.,) record pertaining to the subject property in resprct ofland in Sy-No.8/A/1/171 r: an extent of Ac.6. 12 Guntas, situated at Chendarragar Village, Moinabad Mandar *anga neddy District, without notice to the petitroner and without hearing the pet tii).(r. so also may please to direct the respcndert 1.o consider the representation o[ 1 L.r r r.titroncr dated 16.06.2025 and to issue ]1otic r t, ,he petitioner and such 3'd pa'ti s t) hear the application of the petitioner fo'success on ard such 3'a parties ap1; ic t tts altd to pass appropriate order not \\,lflLout hearing the petitioner and tr 1..rss r;uch other order or orders as this Hon,t,le Ci)urt ieem fit and jusl in the circr,t r:..,.rr ls ol rhe case." c CVBR, J W.P.No.171O3 of 2O25

2. It is stated that petitioner's father late Sri A'Muralidhar Rao was the absolute owner and possessor of land admeasuring Acs' 6'12 guntas in Survey No.8/A/ 1/ 1/ 1, situated at Chandanagar Village' Moinabad Mandal' Ranga Reddy District (for short, 'the subject land)' having succeeded the same I hrough his father late Sri A' Ramchander Rao and the name of Lhe petitioner's father was also mutated in the revenue records' It is further stated that the father and mother of the petitioner died on 15'O3'2O12 and 13.12.2014 respectively, leaving behind the petitioner as their legal heir and the petitioner is in continuous possession of the subject land' It is further statedthatsincethenameofthepetitioner'sfatherwasupdatedinDharani Portal, the petitioner submitted an 17 .12.2024 in Dharani Portal seeking application No.2400807O39 dated for mutation of his name in the revenuerecordsandforissuanceofthepattadarpassbookandtitledeedrn hisfavour,buttheSamewasnotconsideredbytherespondentauthorities. It is further stated that the petitioner along with his siblings filed a writ petition before this Coutt uide W'P'No'3S16 of 2025 wherein this Court has disposed of the said writ pctition uide order dated 07 'O2'2O25 The operative portion of the said order reads as follows: "4. tn view of the submissions made by the learned counsel for the respective parties and since it is the case of the petitioners that the name of their father by name A.Muralidhar Rao was recorded in the revenue records' this Court' without expressing arly opinion on the merits of the matter, deems it appropriate to dispose of this writ petition, directing the respondent authorities to conduct an enquiry after issuing notice to all the persons, u'ho are effected by granting of succession/ issuance of patt?iii pass book in favour of the petitioners and if the petitioners are otherwise eligible and submit a joint consensus setttement of all the tamily members in terms of ,,1 I ; I I I i 3 CVBR, J r"{.P.lt o.17103 of 2025 Section 6 of tl e i-)a r gana Rights in Land and pattadar passbroks Act, 2020, consider the petitioner s 1;n i,:ation No.24O0807O39, dated 17.\2.2O24. lt the petitioners are otherwise not e grl--[r:, the respondent authorities are direc:ed 1o:)ass appropriate reasoned order i n:t :)mmunicate the decision thereon to the pcti ioltc s, Respondent authorities sh^1I :.n Lrlete the entire exercise rvithin a period ol thr,:e l0i ,) months lrom the date ofrec:i1,: :i r. copl ofthis order.

5. With the ,rlr r t order as to costs ' cbservations, this Writ Petition is disposccl ol. Ttrtre shall be no

3. It s .rteer-stated that on an enquiry macle b. thr petitioner, he came to kno'i' rh rr the application No.24o0807039 larel 17. r2.2o24 submitted by hi''r r'rrs rejected without assigning an], rei sons and without taking into consi:ir:ration the order dated o2.o2.202s passr:cr b., this court in w.P.No.3516 cf .r(--ri;. It is further stated that since. Tc.angana Rights in Land and Patt.drrr Passbooks Act, 2o2o (for short, 'tLLc A:t 9 of 2020J has been repealed iLnrl r: claced with Terangana Bhu Bharati (F eco: d of Rights in Land) Act, 2O2!> ,i,r r;hort, 'the Act 1 of 2025,), some ttrird parry has filed an application No.2 iiui.) i o4250 in Bhu Bharati web portal for m rtation of the subject land. 1't- t grievance of the petitioner is that he ;ubmitted an i.rntation dated 16.06.2025 to resporrcicr t Nos.2 to 4 requesting thern nri to consider the apprication No.25o )oo.:250 filed by third party, but trc ; rme was not considered by the respondr_.r t authorities. Hence, the pres.'r' I '\ rit pel ition. objection-cum 'er.)r.

4. Cor:si,le red the submissions of the learned cou nsel for the petitioner and Sr L L . Ravir-rder, learned Assistant Governrnerl pleader for I 4 CVBR, J W.P.No.171O3 of 2025 Revenue appearing for the respondents and with their consent' this writ petition is being disposed at the admission stage'

5. Lrarned counsel for the petitioner submits that if the application No.25O000425O hled by third party in respect of the subject land is considered by the respondent authorities without issuing any notice to the petitioner, who is interested and affected by the mutation' then the petitioner would be put to great hardship and will lost his property rights'

6. The learned Assistant Government Pleader for Revenue appearing for the respondents has not disputed filing of the application by the petitioner uide No.24OO8O7O39 dated 17 12 '2024 in Dharani Web Portal and the same was rejected by the respondent authorities without assigning any valid reasons and without taking into consideration the order dated 07 .O2.2O25 passed by this Court in W'P'No 3516 of 2025 '

7. This court has carefully examined the impugned order rejecting the application submitted for succession' Except saying that the "succession Application No.2400807O39 is rejected by RDO"' no valid reasons whatsoever has been assigned to enable the petitioner to take appropriate action. This Court while disposing of W'P'No'3516 of 2025 uide order dated 07.O2-2O25 directed the respondent authorities to conduct an enquiry after issuing notice to all the persons, who are effected by granting of succession/ issuance of pattadar passbook in favour of the peLitioners and if the petitioners are otherwise eligible and submit a joint consensus '",/- /,' ,/ I 5 CVBR, J ,,Y P..'{o.17103 of 2O2S settlement of a Lr t r e family members in terms of Sectio n ri of the Act 9 of 2o2o and crrsrle r the petitioner's application I{o.24cro 307039, dated 17.12.2024. lrn r.rLry to the said order, now the resltontle.t authorities are entertaining -h:: :,plication No.25o00042so of th,: tlLirri party in Bhu Bharati Web F'or.tal tbr mutation of the subject land.

8. In lir:r,' of the above submissions and r;inc: there is a claim between the -te,iti,r eer and third party \,\,ith regard to mu [ation of their names in the Lr,r.t:,ue records in respect of the subject lan 1, the ends of justice would l;e rru t if the impugned order, which is ..t in r:onsonance with the principles rf n, rrrar justice, is set aside and accordinlllv. rhe same is set aside and th: rt:r;lrondent authorities are directe,l t r rr -examine the application N,r. t'r r.24oogo7o39, dated 12.12.2024 subn irted by the petitioner and ;' l.r: is otherwise eligible and entitle ard fulfil all the requirements rrc-rtirned in cclA's circular No.1 of 2D21 dtrLt:d rs.o1.2o2t and circular N'r. r , 2024 dated.2g.o2.2o24 and also the 1>rov sions of Act 1 of 2025 and irls,c .:rking into consideration the orcer late i o7.o2.2o2s passed by this ( crr., in W.p.No.3516 of 2O2S and cc,nsirler he same and pass a reasone<l r'rrr':- in accordance with law and commurricale the same to the petitioner, vuir eir a period of eight (0g) weeks from the c ate cf receipt of a copy of this ord,:r

9. With :h ( above observations, this Writ pe.titic n disposed of. There shall be no :rrCer as to costs. 6 CVBR, J " W.P.No.171O3 of 2025 Miscellaneous applications pending, if any' shall stand closed' //TRUE COPY// SD/-P. PONNA KRISHNA AS STANT REGISTRAR / SECTION OFFICER ariat, State of To

1. The Principal Secretary, Revenue Department, Sec Telangana at Hyderabad.

2. The D'istrict Collector, Ranga Reddy District, At Kongarkurd, Ranga Reddy' 3. The Revenue Divisional Officer, Chevella Division, Chevella' 4. The Mandal Revenue Officer, t\/oinabad lVlandal, At tr/loinabad, Ranga Reddy District.

5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

6. O'ne CC to sRl ASHUTOSH B.JOSHI, Advocate [oPUC] 7. Two CD CoPies SA BS $ I I i I I I j i ' I i ! l I : HIGH COURI.|. DATED:20 t06t2025 C.C. TODAY (LIF .a.-,-: i:n o(J ? { lrtil ?fi6 Z 1r ,()s t ,. .-.: . :|? *:) -t.j--, ORDER WP.No.1710i3 ot 2025 DISPOSINGi (:)F THE W.P WITHOUT COSTS. I @ F