years', Occ v. 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 pteased to issue an order or direction more particularly one in the nature of writ of irrlandamus declaring the action of the respondents in not considering the pending ,ppfilrtion dated 23il OO12O25 submitted by the petitioner for inclusion of the land in.'No. 260, admeasuring Ac.1-34 guntas and Sy. No. 340161, admeasuring Ac.2- iO guntas situated at Mittadoddi viliage, Gattu Mandal, Jogulamba Gadwal District in tte ROR, though the petitioner is in physical possession and enjoyment of the aboveland,asillegal,unlawful,contrarytolawandconsequentlydirectthe respondents to consider and include the above land in the Dharani passbook of the petitioner as the petitioner is in physical possession of the above land lA NO: 1 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 issue interim order directing the respondent to consider the pending application dated 23-06-2025 submifted by the petitioner for inclusion of the land in Sy. No. io0. udr"r"rring Ac.1-34 guntas and Sy. No' 340/61 , admeasuring Ac2'26 guntas situated at IMittadoddi village, Gattu Mandal, Jogulamba Gadwal District, in the Dharani passbook of the petitioner, as the petitioner is irr physical possession of the said land, pending disposal of main Writ Petition. Counsel for the Petitioner: SRl. M DAMODAR REDDY Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.v. BHASKAR REDDY WRIT PETITION No .18894 of2o25 ORDER: This writ petition is filed seeking following relief: 'For the reasons statcd in the accompanying affidavit the petitioner pray thc Flon'ble Court may be pleased to issue an ordci or direction more particularly one in Lhe nalurc of wril of Mandamus declaring the action of the respondents in nol consrdering the pending application dated 23 06-2025 submitted by the petitioner for inclusion of rhe land in sy. No. 260, admeasuring Ac.1 34 guntas and Sy. No 340/61, admeasuring Ac.2-26 guntas situated at Mittadoddi village' Gattu Mandal' Jogulamba Gadwal District in the RoR, though the petitioner is ln physical possession and enjoyment of thc above land, as rllegal, untau'ful, contrary to law and consequently direct the respondents to consider ancl includc thc above land in the Dharant passbook oI the petitroner as the petitloner is in physical possession of the above land' anrl pass such other ordcr or ordcrs u'hich arc neccssary in the interest ofjustice "

2. Il is stated that the husbancl of the petitioner purchased land admeasuring Acs.1.34 guntas in Suruey No'26O, situated at Mittadoddi Vitlagc, Gatlu Mandal, .Iogulamba Gadwal District' under sada binama and his name was recorded in the revenue records and after the death of her husband, the said land was succeeded by the petitioner' It is further stated that the husband of the petitioner succeeded land admeasuring Acs 2 26 gunlas it't Survey No.34O/61, situated at Mittadoddi Village' Gattu Mandal' Jogularnba Gadwal District from his brother late Nagappa and since the above said property is succeeded by the petitioner's husband' the same was included in her pattadar passbook uide Patta No 531 It is further stated that the petitioner noticed that the lands in Survey Nos'260 ar d 34O 16l werenotincludedinDharaniPortal.ItisfurtherStatedthatthepetitioner submitted a represe ntation dated 23 06 '2025 to the respondent authorities 2 CVBR,.I W.P.No.18894 of 2025 requesting to include the lands admeasuring Acs.1.3rf guntas in Survel, No.260 and land admcasuring Acs.2.26 guntas ir-r Survcy No.34O/61, situated at Mittadoddi Vitlage, Gattu Mandal, Jogul.Lrr ba Gadu,al Districr and also to regularize Lhe unregistered sale deed in-rcl;pcct of land in Survel. No.260 and consequcntly issue pattadar passbook ancl title dced in favour of the petitioner. But til1 date, thc said representation hzLs rot been considered by the respondent authorities. Hence, thc present writ pctilion.

3. Considered the submissions made by leirnLcd counsel for the petitioner and learned Assistant Governmcnr pleader irr Re'cnue appearing for the respondents and with their consent, this u,rit pe -ition is disposed ol at the admission stage.

4. Learned Assistant Govcrnment pleadcr lor I.levenue appearing for the respondents has submitted that Terangana Rillhts in Land and Pattadar Passbooks Act, lgzr has been repealcd ar:d replaced wirh the Telangana Rights in Land and pattadar passbooks Act. 2()2O (for short, .the ROR Act, 2020') wherein there is no pro'ision lbr consrdcring the regularization of the sada binamas. However, the ROF: Act,2O2O has been repealed and replaced with Telangana Bhu Bharati Rccord of Rights in Land) Act, 2025 (for short, 'the AcL 1 of 2o2s') and rh,rre is a provision for validation of sada binamas/ordinary sale deeds. l,earned Assistant Government preader further submitted that if the petitiorLer is having varid documents for regularization of thc sada binama, sher 61n submit online 3 CVBR, J W.P.No.18a94 of 2Q25 application in the prescribed format in Bhu Bharati Web portal and if the same fulhlls all the requirements of the Act L of 2O2S and the Rules made thereunder, the respondent authorities will consider the same, in accordance with law. I

5. In view of thc above submission, this Court deems it appropriate to dispose of this writ petition permitting the petitioner to make appropriate online application in the prescribed forma[ in Bhu Bharati Web Portal, seeking to regularize Lhe sada binama in respect of tana admeasuring Ac. 1.34 guntas in Survey No.260 and also to include the land admeasuring Ac. 1.34 guntas in Survey No.26O and Acs. 2.26 guntas in Survey No.34O/61 , situated at Mittadoddi Village, Gattu Mandal, Jogulamba Gadwal District and for issuance of pattadar passbook and title deed in favour of the petitioner in respect of the subject lands. In the event of such application being made by the petitioner and if the same fulhlls all the requirements under the provisions of the Act I of 2025 and the Rules made thereunder, Lhe respondent aulhorities shall examine and consider the case of the petitioner after issuing notice to all the interested and affected persons and after considering their objections. In any event, if the application of the petitioner does not fulhll the requirements of the Act I of 2025 and the Rules made thereunder, the respondent authorities shall pass a reasoned order, in accordance with law and communicate the same to the petitioners. The entire exercise shall be completed within a period of three (O3) months from the date of receipt of Lhe application. 4 CVBR, J W.P.No.18894 of 2025

6. With the above observations, this Writ petition is disposed of There shall be no order as to costs. Miscellaneous applications pending, if any, shall stzLnd closed. //TRUE COPY// SE}/-P. PONNA KRISHNA SISTANT REGISTRAR .I SECTION OFFICER {s I 1 The Principal Secretary, Revenue Department, Se UIE tarrat, Hyderabad The District Collector, Jogulamba Gadwal District, Gadwal. The Revenue Divisional officer, Gadwal Division, Jogulamba Gadwal District The Tahsildar, Gattu Mandal, Jogulamba Gadwal Distr ct. One CC to SRl. M DAMODAR REDDy Advocate [OptJC] Two CCs to GP FOR REVENUE ,High Court for the Sr:ate of Telangana. louTI Two CD Copies (t To, 1 2 3 4 5 o 7 KKS LS HIGH COURT DATED:0310712025 ORDER WP.No.18894 of 2025 -_-::::.-_ i rL :; r.i;>\ ,! \\. -,, ,t1l-1. , , \" '(- .,) i -.. \\,,;, \. * \. B }SEP 20m -1 :.' DISPOSING THE WRIT PETITION WITHOUT COSTS Ql- q L\ E qI