Budde Bhanu Prasad v. The State of Telangana

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, declaring the inaction of the respondents authority in not mutating name of the Petitioner in revenue record and not issuing patta passbook in his favour in respect of in agriculture land in survey No. 612i E1 (Survey No.671 Old) in an extent o Ac.0.26 Guntas situated at Etikyala Village Shivar, Luxettipet Mandal and District lvlancherial, and consequently direct the respondents to consider my application dated.- 25.04.2025. .E*7' lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circtrmstances stated in the affidavit filed in support of the petition, the High Court 'ray be pleased to direct the Respondents authorities to consider my application dated.25.04.2025 pending disposal of the main writ petition. Counsel for the Petitioner : SRI SOURABH AGARWAL Counsel forthe Respondents: ASST. GP FOR REVENUE The Court made the following: ORDER ,,,." 4i "rr&.'*, :}::t :.. PYyy ,, "/ ORDER: THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.17940 of 2o25 This writ petition is filed seeking following relief "lt is therefore praycd that this Hon'ble court may be pleased to issue an appropriate Wrrt, Order or Direction, morc particularly one in thc nature of Writ of Mandamus, declaring the inaction of the respondents authority in not rnutating name of the Petitioner in revenue record and not issuing patta passbook in his favour in respect o[ agriculture land in survey No. 612/El (Survey No. 671 Old) in an cxtent o[ Ac. 0.26 Guntas situated at Etikyala Village Shivar,, Luxettipet Mandal and Dtstrict Mancherial, and consequently direct the respondents [o consicler m1' apphcation dated: 25.04.2025 and to grant such other order or orders as this Hon'ble Court deems flt and proper in the circumstances of the case."

2. It is stated that the pe titioner's grandlather was the absolule owner and possessor of agricultural land admeasuring Acs. 0.26 guntas in Survey No.612/E1 (old Survey No.671), situated at Etikyala Village Shivar, Luxettipct Mandal, Mancherial District (for short, 'the subjcct land') and his name \vas mutated in the revenue records till today. It is further stated that during the lifetime of petitioner's grandfather, he executed a Will Deed dated

27.O1.2015 in favour of the petitioner in respect of the subject land and the petitioner is in peaceful possession and enjoyment of the subject property. The grievance of the petitioner rs that when the petitioner's grandfather expired on 12.02.2025, the petitioner submitted a representation dated

25.04.2025 to the 2od respondent for mutation of his name in the revenue records and consequentiai issuance of pattadar passbook and title deed in lavour of the petitioner, but tiil date the same has not been considered by the 2"d respondent. Hence, the present wrlt petition. 2 CVBR, J W.P-No.17940 of )025

3. Considered the submissions of thc le:rrned cortnsel for the petitioncr and learned Assistant Government Pleader appcaring for the respondents and with their consent, this writ petition is being disposed of at the admissior-r stage.

4. Lcarned Assistant Government Pleader fot Revenue appcaring lor lhe responclcnts submitted that the Telangana IRights in Land and Pattadar Passbooks AcL, 2O2O has been repealed and replaced with Telangana Bhu Bharati (Record of Rights in Land) N:t,2025 (for short, 'the Act 1 of 2O25') u.herein lhc Govcrnment has framcd the Telangana Bhu Bharati (Record oI Rights in Land) Rules, 2025 (for short,'the Rulcs') urde G.O.Ms.No-39, Revenue (Land Administration-I, Department dated

14.04.2025 u,hercin as per Rulc 7, a procedure h:rs been prescribed for mutation in czrscs of Will and Succession and under Rule 7(1) of the Rules, any person sccking mutation basing on the will, inh er; tance or succession (intestate or tcstamentary) shall make an applicat o. ir-r the form made availablc rn t he Bhu Bl-rarati portal to the Tahsildar, along with the requisite fee as prescribed in Schedule - B. Learned Assistant Government Pleader further submitted that if the petitioner subrnils online application in the prescribed format in Bhu Bharati Web Portal and if the same fulfills all the requirements of the Act I of 2025 and the Rrrles made thereunder the respondent authoritics will consider the same, in ac,:ordance with law. 3 CVBR, J W.P.No.17940 of 2025

5. In view of the above submission, since Rule 7 of the Rules prescribes the procedure for mutation in cases of Will and Succession, this Court deems it appropriate to dispose of this writ petition permitting the petitioner to make appropriate online application in the prescribed lormat in Bhu Bharati Web PorLal, seeking for mutation of his name in the revenue records basing on the Will Deed dated 27.O1.2025 executed by petitioner's grandfather in his favour and consequential issuance of pattadar passbook and title deed in favour of the petitioner in respect of subjcct property. In the event of such application being made by the petitioner and if the samc tulfills all the requirements under the provisions of the Act I of 2025 ar.d the Rules made thereunder, the respondent authorities shall examine and consider the casc of the petitioner, after issuing notice to the petitioner as well as a1l the intcrested parties. In any event, if the application of the petitioner does not fulfill the requirements of the Act 1 of 2025 and the Rules made thereunder or if there are any objections from the interested and affected parties disputing the Wilt Deed dated 27 .Ol .2025, th-e 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 [he application.

6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. 4 CVBR, J W.P.No.1794O of 2O25 Miscellaneous appiications pending, if any, shall stand closed //TRUE COPY// SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR hr; FFICER SEC To,

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

2. The District Collector Mancherial, Collector office, Irfancherial. 3. The Revenue Divisional Officer, Mancherial District. 4. The IVandal Surveyor Office of Tahsildar, Luxetipet Mandal, fvlancherial District.

5. One CC to SRI SOURABH AGARWAL, Advocate. IOPLJC 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana [ouT]

7. Two CD Copies. BSK BS ( fl- HIGH COURT DATED:2610612025 ORDER WP.No.I7940 ot 2025 n 1nI s ,.ir{ o( u^ 0 3 sEP 205 o \\(u_\? \t^ \.1 ''' " r,.O DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0l 1 ++- @ ttrFr