✦ High Court of India · 24 Jun 2025

Kavali Krishnaiah @ Battu Krishnaiah v. The State of_Telangana

Case Details High Court of India · 24 Jun 2025
Court
High Court of India
Decided
24 Jun 2025
Bench
Not available
Length
1,581 words

Counsel for the Petitioner: SRI GOPINADH BALASA Counsel forthe Respondents: AGP FOR REVENUE The Coud made the following: ORDER ]i o ORDER: THE HON'BLE SRJ JUSTICE C.V.BHASKAR REDDY TIIRIT PETITION No.17450 of 2o25 This writ petition is liled seeking following relief "For the reasons stated in the accompanying affidavit, the petitioner herein pray that this flon'ble Colrrt may be pleasecl ro issue a rvrit, order of direction, more particularl-y, one in the nature of Writ o[ Mandamus or any other appropriate writ, declaring the action oI the respondents in not considering the onlrne application made by the petitioner herein in Dharani/Bhu Bhalathi Portal vide application No.24OOO85l68 and Receipt No.AA 33252354 (1t. 22.Oa.2024 seeking Passbook Data Correction try issuing ne\,v pattadar pass book by making passbook data correctron as per the old pattadar passbook r.e. Ac.0.07 gts in Sy. No.292, an extent of Ac.O.24 gts in Sy.No.4l5, an extcnt of Ac-0.O7 gts in Sy.No.602 and an extent of Ac.5.04 gts in Sy. No.604, total admeasunng an ext'ent of Ac.6.02 guntas, situated at Nallavell], village, Yacharam Mandal, Ranga Rectdy District, as illegal, contrary to principles of natural justice and also clear vroLation ()1 Art.2t and 300 A of Constitution of tndia and consequently direct the respondcnts morc partrcularly the sth respondent herein to issue ncw passtrook by considering my online application No.2400085i68 and Receipt No-AA 33252354 d,t.22.O4.2O24 u.ith Passbook Data Correctron ln respect of the above lands in Bhu Bharathi and pass such other or orders may deem fit and proper in the circumstances of the case."

2. It is stated that the father of the petitioner late Sri Pedda Jangaiah u,as the pattadar of land admeasuring Acs. 0.O7 guntas in Survey No.292, Acs. O.24 guntas in Survey No.415, Acs. 0.O7 guntas in Survey No.602 and Acs. 5.04 gutnas in Survey No.6O4, totally admeasuring Acs. 6.02 guntas, situated at Nallavelly Village, Yacharam Mandal, Ranga Reddy District (for short, 'the subject property). It is further stated that the petitioner's father expired in the year 1990. It is further stated that during the lifetime of his father, he executed a registered Gift Settlement Deed uide Document No.2O25 of 1989 daLed 25.O7.1989 in favour of the petitioner out 2 CVBR, J W.P.No.1745O of 2O25 of love and affection and basing on the application of the petitioner, the 5h respondent mutated the name of the petitioner in the revenue records uide proceedings RoR No.B/795/2/RoR/9r dated 08.07.199 I and pattadar passbook and title deed was also issucd to the petitioner under the provisions of the Telangana Rights in Land and pattadar passbooks Act, 797 I (for short, 'the RoR Act, 197 r) and. the Rure s made thereunder. It is further stated that when the petitioner was issued new pattadar passbook under the provisions of the Telangana Rights in Land and pattadar Passbooks Act- 2o2o (for short, 'the RoR Act, 2o2o), the extent of subject property is mentioned as Acs. 4.o4 guntas instead of Acs. 6.02 guntas. The grievance of the petitiondr is that he submitted an online application in Dharani Portal for data correction and for issuancc of amended pattadar passbook uide Application No.240OO8516g dated 22.Og.2O24 by paying requisite fee, but till date the samc is not considered by the respondent authorilies. Hence, the present writ petition.

3. considered the submissions of the lear-ned counsel for the petitioner and learned Assistant Government pleader ror Revenue appearing for the respondents and with their consent, this writ petition is disposed of at the admission stage.

4. Learned counsel for the petitioner conLended that in view of the reduction of the extent of subject property in the new pattadar passbook issued under the provisions of the ROR Act, 2O2O, Lhe petitioner is not a- 3 CVBR, J W.P.No.17450 of 2O25 receiving the incentives sanctioned by the Government as investment subsidy for the reduced extent

5. A careful examination of the records enclosed in support of the writ petition would reveal that while issuing the new pattadar passbook to the petitioner under the provisions of the RoR AcL, 2O2O, the extent of the subjectpropertyismentionedasAcs.4.04guntasinsteadofAcs.6.o2 guntas. Thus, there is a variation of Acs. 2.18 guntas and the petitioner is entitled for issuance of new paLtadar passbook with the said correction.

6. Learned Assistant , Government Pleader for Revenue appearlng for the respondents has not disputed the issuance of old pattadar passbook and title deed to the petitioner under the provisions of the RoR Act, 197 1 wherein the extent of the subject properqy is mentioned as Acs. 6.02 guntas. Learned Assistant Government Pleader further submitted that the ROR Act, 2o2ohasbeenrepealedanclreplacedwithTelanganaBhuBharati(Recordof \-t .' Rights in Land) Act, 2025 (for short, 'the Act I of 2O25'l and if the petitloner submitsonlineapplicationintheprescribedformatinBhuBharatiWeb portal and if the same fullllls all the requirements of the Act 1 of 2025 arld the Rules made thereunder, the respondent authorities will consider the same, in accordance with law' I 7 . In view of the above submissions, this Court deems it appropriate to permit the petitioner to make appropriate online application in the prescribed format in Bhu Bharati web Portal, seeking for data 4 )(='"1 CVBR,I W.P.No. 1745O o1 ZOZS - correction with regard to the extent of the subject property and for consequential issuance of the pattadar passbook and title deed in respecl of the subject property. In the event of such application being made by the pelitioner and i[ the same fulfrlls all the requirements under the provisions of the Act I c:f 2025 and the Rules made thereunder, the respondent authorities shall cxamine and consider the case of the petitioner. In any event, if the application of the petitioner does not fulfill the requirements of the Act 7 of 2025 and the Rules made thereunder, the respondent authorities shall pass a reasoned order, in accordance with law and communicate the same to the petitioner. Thc cntire exercise shall be completed within a period of three (O3) months from the date of receipt of the application.

8. With the above observations, this Writ Petition rs disposed of There shall be no order as to costs Miscellaneous applications pending, if any, shall stand closed To, //TRUE COPY' SD/- A.SREENIVASA REDDY STANT REGISTRAR .J SECTION OFFICER

1. The Principal Secretary, Revenue Department, Secretariat, Hyderabad, State of Telangana.

2. The District Collector, Ranga Reddy District, at Kongarakalan 3. The Additional Collector, (Revenue), Ranga Reddy District, at Kongarakalan. 4. The Revenue Divisional Officer, , lbrahimpatnam Division, Ranga Reddy District.

5. The Tahsildar, Yacharam Mandal, Ranga Reddy District. 6. One CC to SRI GOPINADH BALASA, Advocate tOpUCl 7. Two CCs to GP FOR REVENUE, High Court for the State of Tetangana at Hyderabad [OUT]

8. Two CD Copies G BSR HIGH COURT DATED:2410612025 ORDER WP.No.17450 ot 2025 + 5 c t) oe 1HC. S14r e- 1l NE 2m , Dl.o,'..TCp''- (. I i DISPOSING OF THE WRIT PETITION, WITHOUT COSTS

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