High Court · 2025

Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ order or direction more particularly one in the nature of Writ of Mandamus declaring the in -action of the respondents in not effecting the mutation/ Succession in respect of land bearing Survey No. 443lel2 extent of Ac. 1.0200 Gts situated in [vladdikunta Vill4ge, Sadasivpet Mandal, Sangareddy District vide Katha No.4-25, Passbook No.T09220270242 in lhe name of petitioner pursuant to Application No.24006'15373 and E-Challan No. CSM2400126415 dated- 09.09.2024 is illegal, arbitrary and unconstitutional and consequently direct the respondent No.3 to mutation/ Succession in respect of land bearing Survey No. 4431es.12 extent of Ac. 1.0200 Gts situated in Maddikunta Village, Sadasivpct Mandal, Sangareddy District vide Katha No.425, Passbook No.T09220270242 in the name of petitioner pursuant to Application No.2400615373 and E-Challan No. CSM2400126415 dated- 09.09.2024. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to lssue lnterim direction to the respondent No 3 to mutation/ Succession in respect of land bearing Survey No. 4431€9/2 extent of Ac. 1.0200 Gts situated in Maddikunta Village, Sadasivpet Mandal, Sangareddy District vide Katha No.425, Passbook No.T09220270242 in the name of petitioner pursuant to Application No.2400615373 and E-Challan No. CSM2400126415 dated- 09.09.2024 pending disposal of the writ petition. Counsel for the Petitioner: SRI KASIREDDY MOHAN CHANDRA HAS Counsel for the Respondents: SRI L.RAVINDER, AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY UIRIT PETITION No.17912 of2o25 ORDER: It is stated that the petitioner's father by name Sabavath Lakya was the absolute owner and possessor of the agricultural land admeasuring Ac.1.02 guntas in Sy.No.443/€9/2, situated at Maddikunta Village, Sadasivpet Mandal, Sanga Reddy District. It is further stated that the name of the petitioner's father was incorporated in all the revenue records and he was also issued pattadar passbook bearing No.TO922O27O242 uide Khata No.425. It is further stated that, during his lifetime the father of the petitioner had received various incentives sanctioned Lry the Government as investment subsidy for cultivation of the subject land. It is further stated that, after the death ol his father, the petitioner made an application, dated 09 .O9 .2024 lor sanction of Pouthi Izafa/ Succession and consequential issuance of pattadar passbook as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O (for short "the Act 9 of 2O2O"l. The grievance of the petitioner is that, even after receipt of the said application the respondent authorities did not consider the same and thereby, the petitioner is not in a position to receive ) CVBR, J Wp-17912 2025 various incentives sanctioned by the Government as investment subsidies.

2. Considered lhe submissions of the learned counsel for the petitioner and Sri L. Ravinder, learned Assistan t Government Pleader for Revenue appearing for respondent Nos. 1 to 3 and with their consent, this writ petition is being disposed of at the admission stage.

3. Sri L. Ravinder, learned Assistant Government Pleader for Revenue, has not disputed the issuance of pattadar passbook in the name of the petitioner's father as per the provisions of the Act 9 of 2O2O and also the fact of submission of application by the petitioner. Learned Assistant Government Pleader further submitted that, the Act 9 of 2O2O is repealed and replaced by the Telangana Bhu Bharati (Record of Rights in Land) Act' 2025 (for short "the Bhu Bharati Act") arid in terms of the provisions of the Bhu Bharati Act, Rules have been framed commonly called as Telangana Bhu Bharati (Record of Rights in Land) Rules, 2025 (for short "the Bhu Bharati Rules") uide G.O.Ms.No.39, Revenue (Land Administration-I) Department, dated 14 .O4 .2025. Learned Assistant Government Pleader further submits that since the petitioner has made an -) CVBR. J Wp 17912 2025 application under the provisions of the Act 9 of 2O2O and in view of the replacement o[ the Act 9 of 2O2O by the Bhu Bharati Act, the petitioner is entitled to make an appropriate application as per Rule 7 of the Bhu Bharati Rules in Bhu Bharati Portal and if the petitioner makes such an application duly paying the prescribed fee, the respondent authorities would consider the same in accordance with law

4. As per Rule 7 of the Bhu Bharati Rules, any person seeking mutation basipg on the WiIl, inheritance or Succession (intestate or testamentary) shatl make an application in the form made available in the Bhu Bharati Portal to the Tahsildar, along with the requisite fee as prescribed in Shcdule-B and in the case of intestate succession, a joint statement in the form of sworn afhdavit shall alo be submitted by all the legal heirs.

5. In view of the above submissions, this Court is of the opinion that the ends of justice would be met if the petitioner is permitted to make a fresh application under the provisions of the Bhu Bharati Act and the Rules made thereunder and in the event of such application being submitted by the petitioner, the respondent authorities shall consider the case of the petitioner for grant of Pouthi Izafa/ Succession, consequential mutation -'I 4 CVBR, J wp t1912 2025 and issuance of the amended pattadar passbook after issuing notice to all the interested persons, who are effected for grant of Pouthi Izafa in favour of the petitioner. In any event, if the petitioner do not comply with the rcquirements of the provisions of the Bhu Bharati Act and the Rules made thereunder, pass a reasoned order and communicate the reasons thereon to the petitioner. The entire exercise shall be completed within a period of three (03) months from the date of receipt of a copy of this order.

6. With the above observations, this Writ Petition is disposed of. There shalt be no order as to costs.

7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/- T.JAYASREE OEPUTY REGTSTRAR SECTION OFFICER To, 1 The Principal Secretary, Revenue (Stamps AN Secretariat, Hyderabad, State of Telangana. Registration) Department,

2. The District Collector, Sangareddy District. 3. The Tahasildar, cum Joint Sub Registrar, Sadashivpet, Sadashivpet Mandal, Sangareddy District.

4. One CC to SRI KASIREDDY MOHAN CHANDRA HAS Advocate [OPUC] 5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

6. Two CD Copies BSR rn W HIGH COURT DATED:2610612025 ORDER WP.No.17912 o12025 r il i: C, i\ ! ,tiil 2[m Z _:il. DISPOSING OF THE WRIT PETITION, WITHOUT COSTS t\ 1