✦ High Court of India · 05 Aug 2025

The High Court · 2025

Case Details High Court of India · 05 Aug 2025
Court
High Court of India
Decided
05 Aug 2025
Bench
Not available
Length
1,342 words

Acts & Sections

Petition under section r 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent Nos-2 to 4 to consider the onrine Apprications of the petitioners vide No.2500024529, zsooo24s27 and 250002s3'r5 dated 20.04,202s, 20.04.2025 and 23.04.2025 respectivery and derete the petitioners property to an extent of Ac.1.01 gts in sy.No.g73l1 situated at Korremura Revenue Viflage, Ghatkesar [Vlandar, Medchar-rvtarkajgiri District from the prohibited properties rist U/sec-22-A of Registration Act and to issue the e-pattadar passbooks to the petitioners in terms of order dated 1g.0g.2024 passed under the same regar matrix by this Hon'ble court in w.p.No.24'r38 of 2o24 pending disposar of above writ petition. Counsel for the Petitioners: SRI KALVALA SANJEEV Counsel for the Respondents: SRI L.RAVINDER, AGp FOR REVENUE The Court made the following: ORDER HON'BLE SRI.IUSTICE K. LAKSHMAN WRIT PETITION No.1 8O39 of 20.25 ORDER: Heard learned counsel for the petitioners and Sri L.Ravinder, learned Assistant Government pleader for Revenue.

2. The petitioners are claiming that they are the owners and possessors of land admeasuring Ac. 1.O1 gts in Sy.No.873/1, situated at Korremula Revenue Village, Ghatkesar Manda,l, Medchal_Malkajgiri. It is their ancestral property Original assignee, Bandi Lingaiah acquired the subject land i.e., an extent of Acs. 1.O1 guntas in Survey No.g73l1, situated at Korremula Revenue village under Laoni Rules, 195(), on payment of market value to the Government and obtained a Certificate under Rule 9(gf of the Laoni rules and possession was also handed over possession to him along with form_G Certificate as per the findings of the RI)O, t{L,J w.P.No.18039 of 2025 :,{ '.1- 2 Rangareddy East Division, vide Proceedings No.B/2O51 l2OO4, dated 10'03'2006' The said B.Lingaiah had three sons i'e', Bandi Yadaiah' husband of petitioner No'1 herein' and petitioner Nos.2 and 3 herein. The original assignee' Bandi Lingaiah died on 30'12'1989' Thereafter' oral partition took place among the husband of petitioner No.1 herein and petitioner Nos'2 and 3 i.e., Ac.O.14 guntas fell to the share of the husband of petitioner No.1, Ac'O'14 guntas fell to the share of petitioner No.2 and Ac'O'13 guntas fell to the share of petitioner No'3 herein' They have placed reliance on the proceedings No'B/2051/2OO4' dated 10.03.2006 passed by the Revenue Divisional Officer- 3.d respondent and other proceedings' They have also filed copies of pahanies for certain years and old pattadar pass books. It is patta land' Even then' it is mentioned in the list of prohibited properties under Section 22-A of the Registration Act' Therefore' they 'wi? - KL,J W.P.No.18O39 of 202S 3 have submitted three online applications vide Application No.2SOOO24S29, dated 20.O4.2025, 25OOO24527, dated 2O.O4.2O25 and 2500025315, dated 23.04.2025 before the 2.d respondent, with a request to delete the subject property from the list of prohibited properties. Despite receiving and acknowledging the said online applications, the 2.,a respondent did not act upon the same. Aggrieved by the said inaction of the 2.d respondent, the petitioners frled the present Writ petition. 3. During the pendency of the aforesaid online applications, the State has promulgated the Telangana Bhu Bharathi (Record of Rights in Land) Act, 2025, which came into effect from I4.O4.2O25. The State has also framed Bhu Bharati Rules, 2025, vide G.O.Ms.No.39, dated 14.O4.2025. As per Schedule_A of the said Rules, the petitioners have to submit fresh applications with the 2"d respondent with a request to delete the subject property from the list of prohibited KL,J W.P.No.18039 of 2025 4 properties. On filing such applications' the 2"d respondent has to consider the same and dispose of in accordance with law' In the light of the said discussion' this Writ 4. Petition is disposed of granting liberty to the petitioners to submit fresh online applications in terms of Bhu Bharati Rules, 2025 and Schedule-A of the said Rules along with all relevant d'ocuments with the 2"d respondent with a request to delete the subject property from the list of prohibited properties within ten days from the date of receipt a copy of this order' On receipt of the said online applications' the 2"d respondent shall consider and dispose of same' in accordalce with law, and communicate a copy of the said order to the petitioners herein' If the 2"d respondent is not inclined to accept the reqrrest made by the petitioners, he sha-ll assign reasons and pass an order and communicate the said order to the petitioners. However, he shall complete the said !. KL,J W.P.No.18039 of2025 5 exercise within a period of 60 days from the date of receipt of such online applications Respondent No.2 is also directed to consider the request made by the petitioners to delete the subject property from the list of prohibitory properties, mutate their names in revenue records and issue e - pattadar passbooks. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. SD/-P. PONNA KRISHNA ASSISTANT REGISTRAR \ NOTE: That the words have to be inserted in the order dated 23.07.2025 in WP.No.18039 of 2025 at paragraph No.2 at the Sth line after the words ;,anc-estral property" and in page No.4 of paragraph No.4 at 2nd line after the words "online applications" , as per the orders of the Hon' ble court dt: 05.08.2025 in lA.No.2 ol 2025. This amended order shall substitute the earlier ord-er which has already been dispatched on dt: 01t08t2025. //TRUE COPY// SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR secffioprrcea To

7. PSK BS 1 I!: I'l:iq?l P"9l9lr,rv^,n:ven ue .Department, Secretariat Buitdin gs, ^ satdaDad, Hyderabad, State of Telangana. 2. The District Collector, M.{rc_hal-Malkaigiri District, Malkajgiri. J. rhe Revenue Divisional officer, Kees'ala Division, Medih-al-Malkaioiri District 4 The Tahasirdar-cum-Joint sub-Registrar, crraites'ai Hainoit,'irriiiiS'nai:'""'"' It/a lkaj g iri District. 9ne 99 to SRI KALVALA SANJEEV, Advocate tOpUCl Two CCs to Gp FOR REVENUE, High Court forihe bia'te of Telangana, at Hyderabad. [OUT] Two CD Cooies ?r HIGH COURT DATED:231O712025 05/08/2025 AMENDED ORDER WP.No.18039 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ( t- ,$ c t o ,( HE Sia 25 AU$ 2025 2: :t .r7\T

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