High Court · 2025
Case Details
The Tahsildar, Achampet firlandal, Nagarkurnool District. Ramavath Balu, S/o. R. Dhadya Aged about 25 years, Occ. Nill, R/o. Budda Thanda, H/o. Chandapur Village, Achampet Mandal, Nagarkurnool District ...RESPONDENTS 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 more particularly in the nature of Mandamus declaring the action of the respondents more particularly that of respondent No. 2 in not processing, considering my online application dated 25-01-2025 vide Application No. 2500004273 for mutation and issuance of E-patta Passbook in respect of subject land is illegal, arbitrary and violative of Articles 14, 19 (1) (g), 1 and 300- A of The Constitution of lndia and consequently direct the respondent No.2 to direct to ensure that the name of the petitioner is uploaded in the revenue record and issuance of new E-Patta Passbook in respect of land to an extent of Ac. 5-03 gts of land in Sy No. 295/1 , situated at Chandapur Village, Achampet Mandal, Nagarkurnool District. lA NO: 1 OF 202s Petition unde r Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court nray be pleased to direct the Responc ents more particularly 3 and 4 not tc in .erfere re in civil dispute, if any, ex,sting between the Petitioner and 5th Respondent, not to summon the Petitio 1er to the Police Station without registratic n of any case or without following due process of law. Counsel for the Petitioner: SRI VIJAY B.PAROPAKARI Counsel for the Respondent No.1 to 4: SRI L.RAVINDER, AGP l:OR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.18171 of 2025 ORDER It is stated that the petitioner is thc owner and possessor of the land admeasuring Acs.5.03 guntas in Sy.No.295/ 1, situated at Chandapur Viilage, Achz,rmpet Mar-rdal, Nagarkurnool District, having acquired from his maternal grandmother viz., S. Sudharshanamma, under a registered Gift Deed uide document No. 162/2OO8, dated 25.01.2008. lt is furthcr stated that the name of the petitioner rvas mutated in thc revenue records and the revenue authorities also issued paltadar passbook uide Patta No.684 under the provisions of the Tclangana Rights in Land and Pattadar Passbooks Act, 1971. It is further stated that whcn disputes arose over the subject propert5z, the petitioner had instituted a suit uide O.S.No.2O2 of 2O 14 on the {ile of the Court of Senior Civil Judge , Nagarkurnool, against the 5fr respondent and others, and the said suit was decreed vide judgment and decree dated 30.04.2015, and thereafter his name was mutated in the revenue records, and the revenue authorities have issued pattadar passbooks and title deeds in his favour. It is further stated that in view of repealing of the Act, 1971, with new Act called as "the Telangana Rights in Land 2 .ind Patla(lzrr Pass Books Act, 2O2O" (for short 'Ac , 2020'), the petitioner h;rs submitted an application No.25O00r14273 dat.ed
25.O 1.2O2:; enclosing the earlier pattadar pass books for mutating his name in the revenue records in ret;pect of the subject pr('perty. The grievance of the petitioner is that cven after receiv ng of the said application, no action has becn takcn bJ, thc re spondent authorities till datc. Hence this rv;'it petition.
2. Consilt:red the submissions of Sri Vrjay B. Paropkari, lcarncd counsel for the petitioner; and Sri L.I?avinclcr, learned Assistant C'overnment Pleader for Revenue, appcaring for respondent I'los. 1 to 4; and with their consent, this u'rit petition is being disposed of at the admission stage. In vierv of thc nature of tht: relief sought for in this writ petition, is;suance of notice to restr)onclent No.5 is dispensed with.
3. Learne<i counsel for the petitioner contended that since the Civil Corrrt has already decreed O.S.No.202 of 2Ol4 tn favour of the petitioner, the respondent authorities have no jurisdiction tc' entertain or act upon any application {iled by respondent Nrr.S for mutation of his name in respet:t of thc subject property. It is settled principle of law that once a competent civil Court renders a decree relating to immovable property, thc: r -'venue authorities are bound to give cffer:t to the 3 same and cannot reope n or re-examine the title contrary to such decree. Learned counscl further submitted that \ notwitAstanding the decree and thc revenue cntries in favour of \ the petitioner, the Tahsildar, acting on the application of respondent No.S, issued notice to the pctitioncr to produce documents, which is unsustainable and contrary to the procedure contemplated under the Act, 197 1, the Act, 2020, as well as the Telangana Bhu Bharati (Record of Rights in Land) Act,2025 (for short'the Bhu Bharati Act"). 4 . In view of the above, this Court dcems it appropriate to dispose of this writ petition directing the respondent authorities to examine the petitioner's application No.25O00O4273 dated
25.0I.2025 for mutating his name in the revenue records in respect of the subject property, strictly in accordance with lar,r. and keeping in view the judgment and decree datcd 3O.O4.2015 passed in O.S.No.202 of 2014. The respondent authorities shall complete the said exercise and pass appropriate orders, after allording due opportunity to the petitioner as well as respondent No.S, within a period of four (O4) weeks from the date of receipt of a copy of this order.
5. With the above observations, this Writ Petition is disposcd of. There shall be no order as to costs. I I E--------------- I As r sequel, the miscelianeous petitions perrding, if any, shall stitnC closcd. ,TRUE COPY// REE R CER To,
1. The Principal Sercretary (Revenue) Secretariat Buildi s , Hyderabad, State of Telangana.
2. Th; District Cc llector, Nagarkurnool District, At Nagarkurnool. 3. The Revenue [)ivisional Officer, Achampet Mandal, Nagarku'nool District 4 The Tahsildar, Ar;hampet Mandal, Nagarkurnool District. One CC to SRI VIJAY B.PAROPAKARI, Advocate [OPUC] Two CCs to Gr FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] 6
7. BSR PVL Two CD Copies \//l/' HIGH COURT DATED:2710$12025 I I I ! I I ORDER WP.No.1 81'71 c'f 2025 r-i\ ,c .J 'tr\ -,", \Y,+ 2 4 0llr 2ut c) 2,. r.t F 4,i (l DISPOSING OI= THE WRIT PETITION, WITHOUT COSiTS /@ {/3 a //o // ,