✦ High Court of India · 04 Jul 2025

Killari Padma, Wo.Venkateswarlu, aged about 59 v. The State of Telangana

Case Details High Court of India · 04 Jul 2025
Court
High Court of India
Decided
04 Jul 2025
Bench
Not available
Length
1,667 words

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 an appropriate Writ, Order or Direction more particularly in the nature of Writ of MANDAMUS declaring the action of the official respondents more particularly the action of 4th respondent in not implementing the orders of 2nd respondent passed in Special Tribunal Case No.701202'1 , dated 19-06-2021 and also mutating the names of respondents 5 to 7 pertaining to the Agricultural land in an extent of Ac.0.0001 in Sy.No.187/1 , land in an extent of Ac.1 .34 guntas in Sy.No.187/3 and land in an extent of Ac.1.3399 guntzrs in Sy.No. 18712 of lrvendi Village, Bugampahad Mandal, Bhadradri Kothagudr:rrt District infavour of respondents 5 to 7 respectively as arbitrary, illegal and also violative of fundamental rights guaranteed under the constitution of lnd a and also contrary to the orders 19-06-2021 passed by the 2nd respondent in li1;ecial Tribunal Case No.7012021 and consequentty direct the 4th respondent to s;e1 the entries made in favor of Respondents 5 to 7 and also to implement the orders of 2nd respondent passed in Special Tribunal Case No.70/2021, dated 19-06'2O',a1, forthwith lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the c r(lumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the entries in the revenue record pertaining to the A.3ricultural land in an extent of Ac.0.0001 in Sy.No.1B711 , land in an extent of Ac.1.34 guntas in Sy.No.'1 B7l3 and land in an extent of Ac.1.3399 guntas in S)y No 'l 87/2 of lrvendi Village, Bugampahad Mandal, Bhadradri Kothagudem District made infavour of respondents 5 to 7 respectively, pending disposal of the wri: petition. Counsel for the Petitioner : SRI T.VASANTHA RAO Counsel for the Respondents No.1to4 : ASST. GP FOR REiVENUE Counsel for the Respondents No.5to7 : The Court made the following: ORDER .t'&*rl&S- ,/,, /.' .,'/ ORDER: THE HON'B LE SRI JUSTICE C.V.BH ASKAR REDDY \[,RIT PETITIO N No. 19035 of 2025 This writ petition is hled seeking following relief: "For the reasons stated in the accompanyrng afirdavit' the petitioner herein prays that this Hon'ble Court may be pleased to issue an appropriatc Writ' Order or Dlrection more particularly in the nature of Writ of MANDAMUS declaring the action of the official respondents more particularly the action of 4rh respondent in not implementing the orders of 2ud respondent passed in Special Tribunal Case No.70/2021, dated 19-06-2021 and also mutating the names of respondents 5 to 7 pertaining to the Agricultural land in an extent of Ac O-0001 in Sy.No. 187/ l, Iand in an extent of Ac 1 34 guntas in Sy No 187/3 and land in anextentotAC,l-3399guntasinSY'No.187/2oftrvendiViltage,Bugampahad Mandal, Bhadradri Kothagudem District in favour of respondents 5 to 7 respeclii,ely as arbitrary, itlegal and also violative of fundamental rights guaranteed under the constitution of India and also contrary to the orders 19- 06 2O2f passed by the 2nd respondent in Special Tribunal Case No 70l2O21 and consequently direct the 4th respondent to set the entries madc in favor of Respondents 5 to 7 and also to implement the orders of 2"d respondent passed in Special Tribunal Case No.7O/202i, dated 19-06 2O2l' forthwith and to pass such other orders as may deem frt and proper in the circumstances of the case "

2. It is stated that petitioner is the absolute owner and possessor of agricultural land admeasuring to an extent of Acs' 2'OO guntas in Survey No.187, situated at lrvendi Village, Bugampahad Mandal' Bhadraclri Kothagudem District (for short, 'the subject land)' having succeeded the same from her father towards Pasupu Kumkuma' It is further stated that the 5h respondent, who is the petitioner's brother, has misrepresented the factsbeforethe4threspondentandobtainedmutationinhisnameinrespect of the subject land. It is further stated that the petitioner filed a revision petition uide ROR Revision Petition No' 18 of 2019 on the Iile of the 3'd respondent and the same was transferred to the 2"d respondent and the 2nd 2 CVB W.P.No.19035 of 2o2 respondent allowed the said revision petition drrcr:t ing the 4fr respondent- Tahsildar to cancel the pattadar passbook issr-erl in favour of the Sfi respondent and keep i-r'r Part-B under family dis:r Lte and both parties to approach competent court and settle their dispute r'i ith regard to scheduled land's title uide- order dated 19.06.2O21 in Speciai lribunal Case No.70 of 2O21 (ROR Revision Pctition No. 18/2019). It is furtl-Ler stated that since the 4e respondent has not cancelled the pattadar passl,,ook issued in favour of the Str'respondent, the 5th respondent is taking adr.lntage of the same and harassing the petitioner and not permitting her to r:r.rltivate the subject land and the 5d, respondent has also transferred the subject land to respondent Nos.6 and 7. The grievance of the petitioner i:; that though th,e 2"d respondent has passed an order uide order dated 19.06.2021 in Special Tribunal Case No.7O of 2027 (ROR Revision Petitirr-. No.18/2019) directing the 4 , respondent-Tahsildar to cancel the pattirc.ar passbook issued in favour of the 5d' respondent, the 4th respondenl. ir. not implementing the same and the 4tl, respondent has also mutated (h,: names of respondent Nos.6 and 7 in rcspect o[ the subject land. Hence, t.h.,: present writ petition.

3. Considered the submissions of the 1e:arned counsel for the petitioner and learned Assistant Government Pleade r for Revenue appearing for respondent Nos.1 to 4 and with their consent, ttris writ petition is being disposed of at the admission stage. In view of the rr: ture of relief sought for in this writ petrtion, issuance of notice to respondent Nos.S to 7 is dispensed with. ,/r' 3 CVBR, J W.P.No. 19O35 of 2025 1 l I l l

4. Learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 has not disputed the order passed by the 2nd respondent uide order dated 19.O6.202 1 in Special Tribunal Case No.70 of 2021 (ROR Revision Petition No.18/2019). Learned Assistant Government Pleader submitted that Telangana Rights in Land and Pattadar Passbooks AcL, 2O2O has been repealed and replaced with Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 (for short, 'the Act 1 of 2O25') and if the petitioner submits online application in the prescribed format in Bhu Bharati We b Portal and il the same fullills all the requirements of the Act 1 of 2025 and the Rules made thereunder, the respondent authorities will consider the same, in accordance with law.

5. In vieu,of the above submission, since the 4th respondent has neither implemented the order passed by the 2"d respondent uide order l dated 19.06.2021 in Special Tribunal Case No.70 ot 2O2l (ROR Revision Petition No. 18/2019) nor kept the subject land under Part-B family dispute, this Court deems it appropriate to dispose of this writ petition permitting the petitioner to make an appropriate online application in the prescribed format in Bhu Bharati Web Portal, seeking for mutation of her name in the revenue records and consequential issuance of pattadar passbook and title deed in favour of the petitioner. In the event of such application being made by the petitioner and if the same fulfills all the requirements under the provisions of the Act I of 2025 and the Rules made I I I l I r i 4 W.P.No. 19035 of 2O2 C thereunder, the respondent authorities shali exanrire and consider the case of the petitioner by taking in[o consideration th:: order dated 19.06.2021 passed by thc 2"a respondent in Special rribunar crase No.70 0f 202 1 (RoR Revision Petition No.18/2o19), after issuing notice to ,re petitioner as well as all pcrsons, who are interested and affected b1r :.l rtation in respect of the subject land ln any event, il the application of the 1:etiLioner does not fulhll the requireme,ts of the Act 1 of 2O2S and the Ruler; made thereunder, the respondent authorities shall pass a reasoned orde-, in accordance with law and communicate the same to the petitioner. Tht:.ntrre exercise shall be completed witi'ri. a period of three (o3) months lr-.r, the daLc o[ receipt of Lhe application 6 With the above observations, this W:_it petition is disposed of There shall be no order as to costs Miscellaneous applicatior.rs pcncting, if any, sLLa.I stand //TRUE COPY// SD/- AHI{ED ABDULLA KHAN ASSISTANT REGISTRAR G_ SECTION OFFICER To

1. The Principal Secretary, Department of Revenue, Dr.B.R.Ambedkar lelangana Secretariat State of Telangana, at HyderaL,a(1.

2. The District collector, Speciar rribunal, Bhadradri Kothalludem District. Bhadrachalam, Bhadraciri Kothagudem District.

3. The Joint Collector, Bhadrachalam, Bhadradri Kothagud,:rm District. 4. The Tahsildar, Bugampahad t\rlandal, Bhadradri Kothal;r_r,Jem District. 5. One CC to SRI T.VASANTHA RAO, Advocate. [OPUC 6. ]wo CCs to GP FOR REVENUE, High Court for the Stirtr> of Telangana

7. Two CD Copies. BSK PVL '& ,.""'_iii!;'a.*t HIGH COURT DATED:0410712025 \ \ S-i; \I 3 liEP 2025 /a1 ./.4\ i,7' lt) il3 2 i ORDER WP.No.I9035 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS tocd?9'A 'S. {KV"

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