SMT. NEMURI JHANSI v. 1. 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 a Writ of Mandamus or any other appropriate Writ or Writs, Order or Orders declaring the action of Responde4ts more particularly the Respondent No.4 for not proceeding with rectification of Record of Rights thereby mutating the name of Petitioner in Revenue Records for Subject Property as illegal, arbitrary, unjust and also in violation of Principles of Natural Justice and DIRECT the Respondents to mutate the name of the Petitioner in Revenue records for Subject Property and issue passbook to Petitioner. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the cr-cumstances stated in the affidavit filed in support of the petition, the'High Corrl may be pleased to DIRECT the Respondent No.4 to complete the process of ectification of Record of Rights as soon as possible and mutate the name of the P3titioner in Revenue records for subject p ro pe rty. Counsel for the Petitioner : SRI ANNAREDDY ARAVIND Rl:t)DY Counsel for the Respondents : SRI L.RAVINDER, AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTIC EC .V.BHASKAR REDDY WRIT PETIT ION No.18O82 of 2025 ORDER: This writ petition is filed seeking following relief: "For the r.casolts mentioncrl in tlte accompanying affidavit, the Pctitioner l]ereitl pral s this llon'blc court ma1, be pleased to rssue a writ of Mandamrts or anr other appropriate Writ or Writs, (Jrder or Orders tleclaring the action o[ IlespondenLs nlore particularll' the ResPon(lent No.4 tor rlot proceeding with rectification of Rt'<ord ol' Rrghts thercl),\, mutating the name of Petitioner in Revenue Records for Strbjcct Pfopertv as illegal, arbitrary, unjust and also in violation of Prrnciplcs o[ Natttral .lustrce and I)lRECT the Respon(lcnts to mutate the name of the Petitioner ilr Rer'ctrtt(' rt,corcls [or Sul]iect l)ropert-\, ancl issuc passltook to Petitioner ancl pass sttctr oLllt'r antl IUrther order or or(tcrs as are deemed lit ancl proper ill the circumstauccs of tht' case and in [lte inlerest ol JLlstice."

2. [t is stated that one Nemuri Ramulu and others \\'crc the absolute owners and possessors of land admeasuring Acs. O. 15 guntas irl Survey No.758, situated at Lalgadi Malakpet Village, Shamirpet Mandal, Medchal-Malkajgiri District (for short, 'the subject property'), havirrg acquired thc same by way of succession and the subject propertv \vas alienated to petitioner's husband late Sri Nemuri Paramcshwar Goud a nd two others through a registered Sale Deed ulde Document No.290 of 2OO8 clated 25.01.20O8 and after the death of the petitioner's husband, the petitioner inherited the subject property by u'ay of succession lt is further stated that one Nemuri Balraj and others, who are nowhere concerned with the subject property, have filed a suit uide o.S.No.68 of 2ol2 on thc file o[ the Principal Junior civil Judgc, Medchal-Malkajgiri District at Meclchal for declaration and canccllation of registered sale Deed uide Documenl No.290 of 2008 dated 25.01.2008 and the said suit was dismissed as the plzrintiffs 2 CVBR, -. W'.P.No.1BO82 of 2025 in the said suit could not provc therr claim and th: oountcr claim filed by defcnda.rt Nos. 15 to 17 in thc saicr suit is clecre r.r] der:laring defendant Nos. 15 to 17 as ;rbsolute orvncrs and possessors of th.. subject property uide order datcd r3'o3.2023. The grievance of the pctitio: e - is that after the suit urde o S No'68 0r 2012 was dccreecr in favour of- t.tr ,etitio ner uid-e order dated 13'O3'202'1, rhc pctitioner submitted an appli<: rlion on 07.o5.2025 to the 4th respond< rt in Bhu Bharati portar for rectii o rtion of records and mutation of her n:rrne in the revenue records a d cot-rsequently ISSL]C pattadar passbo.k ar-r<l titl<: deccr in respect of [he s. bicct property, but t,l date the said application has not becn considered I)\ the 4th respondent Hence, the preserrt tl,rit pr:tition.

3. Consiclercd thc submissions of the leiirrLr:d counsel for the petitior-rer ar-rd Sri L.Ravindcr, lcarnecl Assistant Gr r,:rnment pleader for Revenue appearing frrr lhc rcspondents and with t.tt: r consent, this writ petition is dispost:rl of :rt tl,re admission stage.

4. I.earncd counscl for thc pctitioner contencL r<L that since the suit urde O.S.No.68 ol 2Ol2 *.as decrced in favour of dc i, dant Nos.15 to l7 therein uide ordcr clated 13.03.2023 and as no appe:rl rrrs been frled by the plaintifls thcrein, thc order datcd 13.03.2o23 passecr irr the said suit has become final. 5_ Learn,:d Assistant Government pleader lor for the responden [s has not disputccl institution ot s. l r lcvenue appearing r.,lde O.S.No.68 of 3 CVBR, J W.P.No.18082 of 2025 2012 and, the said sLrit was decreed uide ord-er dated 13.03.2023 declaring defendant Nos.15 to 17 as absolute o\rners and possessors of subject property. Learned Assistant Government Pleader has also not disputed the fact that [he petitioner has submitted an application on 07.o5.2025 Lo the 4r1, respondent in Bhu Bharati Portal for rectification of records and mutation o[ her name in the revenue records and consequently issue pattadar passbook and title deed in respect of the subject property' Learned Assistant Government Pleader submitted that the Telangana State Rights in Land and Paltaclar Passbooks Act, 2O2O has been repealed and replaced with Telangana Bhu Bharati (Record of Rights in Land) AcL' 2025 (for short, 'the Act I of 2025') wherein the Government has framed the TelanganaBhuBharati(RecordofRightsinLand)Rules,2025(forshort, .theRuies,)uideG.o.Ms.No.39,Revenue(LandAdministration-I) Department clated 14.04.2025 wherein as per Rule B, a procedure has been prescribed for mutation relating to orders/decrees of any competent Court of Law. 6 Rule 8(2) and (3) of the Rules reads as under '(2) On and from the date as may be notified by the Commissioner, the applicant shall submit survey / sub division map along with the application in the Bhu Bharati portal. (3) On receipt of such application, the Revenue Divisional Officer shall issue notice in the lorm made available in the Bhu Bharati portal flxing a date for enquiry to the follorving Persons; (a) the applicant; 4 CVBR, - Vt.P.No. 18082 of 2O25 (b) the persons u,hose names are crltere(l in the Recorrl ol lrglrts rn rcspect of the land for whictr mlltation is sought [crr; ancl (c) an-v other persorr r.r,ho is having substalltial right or. rntr, ,. jl o\.(,r thc land and shall also bc prrblished in the nr>tice boarcl of thc Grarn l,rr (.havar, Tahsil otfice and an,v other l)ronttncnt placc :rs lre mav cleem [rt and 1tr rpcr. ,, . 7. In vieu. o[ the above submissions, sincr l?ulc g of the Rules prescribes the procedure for mutatiorl and sinc( ir is stated that the petitioner has submitted an application dater I 07.05 .2025 to th<: respondent au th()rities in Bhu Bharrati portal lor r lr't ilication of records and mutation o[ hcr name in l hc rcvcnuc recorcls i i](l conse que ntly issue pattadar passlr.ok ernd tillc decd i. rcspcct ol' thr. srrltject property, the respondent authoritics shall considcr thc samc .lr ictl.! in accordance with the provisions of thc Act 1 c.f 2025 and Rr rr:r; mzrde thereunder after issuing notice to thc petitioner as well as to ar rhc pcrsons who are interest and affected by the said mutation, u,ithirr r pcriod of two (o2) months lrom tlrc rlate of reccipt of a copy of this orc,.r.

8. With the abovc obscrvations, Lhis Writ l)r,rition is disposed of There shall be no order as to costs. Miscellaneous applications pending, if any, shirl S d. //TRUE COPY// SD A f'' S !( JAWAHAR REDDY REGIST ON OFFICER To, 1 2 3 The Principal Secretary, Revenue Department, Secretar irt (Telangana), State Uf I elangana, Hyderabad. The District Collector, Medchal IValkajgiri District At lVledr hal. 'Revenue The District. Divisional Officer, Shamirpet Mandal, Medr,hal lValkqfl)iri /

4. The Tahsildar, Shamirpet Mandal, Medchat Malkajgiri District. 5. One CC to SRt ANNAREDDY ARAVTND REDDY, Advocate. IOPUC] u to GP FoR REVENUE, High court for the state of retangana ff,ir?"t 7. Two CD Copies BSK PVL ,/ HIGH COURT DATED:2710612025 .:,,. /:..,.. itJ i,: I t ';r [[i frfii (,'( ,: !trl ORDER WP.No.18082 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS /o ,/A 4. /' / /a