Guttisaisudha v. The State of Telangana

Petition under Article 226 of lhe 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 lr/landamus declaring the order dt:13-6-2025 in Case No Rev/Dl/ROR/O oO2t2O25, passed by the 3rd respondent as illegal' arbitrary and unconstitutional and consequently set aside the order dt 13-6-2025 in Case No Rev/D1/ROR/O OO2I2O25' passed by the 3rd respondent' IA NO ::l 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 interim suspension of the order dt 13-6-2025 in Case No Rev/D1/ROR1000212025' passed by the 3rd respondent pending disposal of the writ petition' - Counsel for the Petitioner: SRI RAJAGOPALLAVAN TAyl Counsel for the Respondent Nos.1 to 3: Gp FOR REVENUE The Court made the following: ORDER I THE HON,BLE SRI JUSTIC E C.V.BHAS R.EDDY WRIT PETITIO NNo .18170 of2o.25 ORDER: This writ petition is filed seeking following relief: "...pleased to issue any writ order or direction more particularly one in the nature of Writ of Mandamus declaring the order dt i3 06 2025 in Case No.Rev/ D I lRORlOOO2l2025, passed by the 3rd respondent as illegal, arbitrary and unconstituticnal and consequently set aside the order dt. 13.06.2025 in Case No Rev/D1/ROR/ OOO2l2025, passed by the 3rd respondent " - document No.435 of 2022, It is stated that the petitioner had purchased the land 2. admeasuring Acs.2.0O guntas in Sy'No'7S and its sub-divisions' Rural Mandai' situated at Obiaipally Village, Mahabubnagar Mahabubnagar District, through registered sale deed bearing dated 16.04 .2022. It is further said sale deed, the namb of the stated that. basing on the petitioner was mutated in all the revenue records and pattadar passbooks were also issued in her favour and in Dharani Portal also her name was depicted. It is further stated that respondent No.4 instituted a suit for partition and separate possession of the suit schedule property uide O S'No'13 of 2015 on the file of the Additional Junior Civil Judge, Mahabubnagar and the said suit was decreed ex parte on O7'O5 2015 and final decree was I 2 CVBR..r W.P.No. 1817O of 2O2S also passed on 30. 1 1.2021. Basing on the said linal decree, respondent No.4 made an application before the District Collector seeking for issuance of pattadar passbook and the same was rejected uid.e proceedings No.DI/1 l /2O2|_Court Case, dated O2.O}.2O24. Aggrieved by the same, respondent No.4 herein filed W.p.No.3 574g of 2024 before this Court and this Court uide order, dated i9. 12.2024 disposed of the said writ petition directing the respondents therein to examine the application submitted by the petitioner therein seeking mutation of her name in the revenue records, after issuing notice to the persons, who are affected by the said implementarion, strictly in accordance with the guidelines issued by the Fuli Bench of this Court in Chinnam pandurangam I/s. Mandq.l Reoenue OJicer, Serilingamtrtaltg Mand.at and. otherst. ilhe grievance of the petitioner is that respondent No.3 without following the guidelines.issued by the Full bench of this Court and without examrning the revenue records ln proper perspective erroneously came to a conclusion that responclen t No.4 is entitled. for mutation and consequently rssued pattadar passbooks and passed the impugned order petition Hence, this writ AIR 2OO8 AP 15 3 CVBR, J W.P.No.18170 of2O25

3. Considered the submissions of the learned counsel for the petitioner and Sri L.Ravinder, learned Additional Government Pleader for Revenue, appearing for respondent Nos'l to 3 and with their consent, this writ petition is being disposed of at the admission stage. In view of the nature of relief sought for in this writ petition, issuance of notice to the unofhciai respondent is dispensed with. Learned Assistant Government Pleader has submitted 4. that the Teiangana Rights in Land and Pattadar Passbooks Act' 2O2O (for short "the Act 9 of 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 petitioner is having remedy to file appeal on the file of Chief Commissioner Land Administration, aggrieved by the orders of the hdditional Collector (Revenue). In reply, Mr. Tyagi, learned counsel for petitioner 5. vehemently contended that the Additional Collector (Revenue) has passed order as Revisional authoritSz under the provisions of the Act 9 of 2O2O and no further revision has been provided under the Act 1 of 2025, and the procedure as contemplated under the Act 1 of 2O25 is only applicable to the proceedings 4 Case No.Rev/D1lROR/ CVBR.,I W.P.No. tBtTO of ZOb.s emanated from the provisions of the Act 1 of 2025, therefore, the writ petition filed before this Court is mainLainable under Article 226 of Constitution of India. 6. This Court has carefully examined the orders passcd by the Additional Collector (Revenue) in OOO2/2025, dared 13.06.2025. Even though there are no specihc powers conferred on the Additional Collector to pass orders under Act 1 of 2O2O for mutation of name ol. respondent No.4, an order passed by the Additional Collector regarding mutation, patta, or correction of revenue records can be considered as an brder under Section 1Sg or 1668 of the Telangana Land Revenue Act, 1317 Fasli (F.), where review of the order is provided under Section 166C of the Act. 7. In view of the above legal position and since it is stated that the petitioner has already hled appeal on the file of Chief Commissioner, Land Administration, the Chicf Commissioner is directed to dispose of the expeditiously as possible, preferably within from the date of receipt of a copy of this order The petitioner is permitted to file appropriate application seeking interim stay of the impugned order, if he is aggrteved by the order of Joint Collector If such said appeal AS six (6) months v 5 CVBR, J W.P.No.18170 of 2025 application is made by the pe titioner, the Chief Commissioner of Land Administration shall examine the same and pass appropriate orders. Till such time, S'aflts-Quo existing as on date shall be maintained. 8 With the above observations, this Writ Petition is disposed of. There shall be no order as to costs' Miscellaneous applications pending, if any' shall stand closed. SD . M. JAWAHAR REDDY ISTANT REGIST RAR //TRUE COPYi/ SECTION OFFICER To, Telangana, HYderabad' 1 . The Principal Secretary, Revenue Department' Secretariat' The State of 2. The District Collector, lvlahabubnagar District 3.TheAdditionalDistrictCollector'(Revenue)tr'4ahabubnagar 4. One CC to Sri Ralagopallavan Tayi' Advocate [OPUC] 5. Two CCs to GP for Revenue' High Court for the State of Telangana' at t Hyderabad [OUTI

6. Two CD CoPies TJ GJP W HIGH COURT I DATED:27100t2025 ORDER WP.No.18170 ot 2025 \ 7f 18 SEP zffi j) ,/ * D E S;,n t cr^i :=- t DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 g q I ?