Manoali Sandappa v. 1. 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 an appropriate Writ' order or direction more particularly one in thenatureofWritofMandamusdeclaringtheactionoftheRespondentsinpaying deaf ear to his representations dated'09 12'2024 and 23'122024 regarding the fraudulent mutation of Petitioner's agricultural land in Sy No'6' to an extent of Ac.03-03.gts., situated at Pagidiyal village' Yalala' Vikarabad District in the name of Respondents No.5 to 7 is highly illegal, arbitrary and uncrnstitutional violation of Principles of Natural Justice and violation of Articles 14, 21 and 300A of constitution of lndia and Telangana Revenue Provisions and c;onsequently direct the Respondents No.2 to 4 to delete the names of 5th to i'th Respondents in revenue records against the Petitioner's agricultural land in liv.No.6, to an extent of Ac.03-03 gts., situated at Pagidiyal village, Yalala Mand,ll, Vikarabad District and insert the Petitioners name and also issue Pattedar Pass Book and title deed in favour of Petitioner forthwith. |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the circr-mstances stated in the affidavit filed in support of the petition, the High Court rnay be pleased to direct the Respondents No.2 to 4 not to entertain any s()r. of transactions in respect of agricultural land in Sy.No.6, to an extent of Ac.03-03 gts., situated at Pagidiyal village, Yalala Mandal, Vikarabad District by the R,:spondents No.5 to 7 or any other persons claiming on their behalf pending dispc,sal of the above writ petition. Counsel for the Petitioner : SMT M.SARITHA Counsel for the Respondent Nos.1 to 4 : AGP FOR REVENIJE Counsel for the Respondent Nos.5 to 7 : - The Court made the following ORDER THE HON'BLE SRI JUSTICE C'V' BHASKAR REDDY WRIT PETITION No.18953 of 2O2S ORDER: This writ Petition 1S frled under Article 226 of the Constitution of India seeking for following relief: " .. ..to issue an appropiqte Wit, order or direction more portr"ulorlg on. ii the nature of Wnt of Mandamus declainq .o-,i of tlrc Respondents in paying deaf ear to ii, .his r.p re: t" ntotio nt dated' Og' 1 2' 202 4 and 2 3' 1 2 202 4 reg arding 't-rie .-l*,udrLnt mutation of Petitioner's agiculturol land in si i, A, to an extent of Ac03 03 gts'' situated at Pagidiuat u"UU'r1",' ,"^*, Vikarabad District in the name of Respondents 'io i ,o , is highly illegol, arbitrary and unconstitutional 'uiolrtirn of Pnnciples of Natural Justice qnd uiolation of Articles 14', 21 & 3oo A of constitution of India and Telang-ana Reuenue Prouisions clnd consequentlg direct the Respondents No.2 to 4 to delete the names of Sth to 7rh Respondents in 'rar"n . r"aordr against the Petitioner's agricul4tral land in ii-i, U , ctn extent oI Ac O3-O3 gts ' situated at Pagidigat lritt g", vot t" Mqndat, Vikarabad Distict and insert the name o1- ti.' e.tition , and' also issue Pattedar Pass Book and titte ie.d ,n 1ouou, of Petitioner forthLuith and to p.ass such.other ord", oi orders as this Court deems Jlt and proper in the ctcumstdnces oJ the case' '"

2. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondent Nos ' 1 to 4 and with theirconsentthiswritpetitionisbeingdisposedofatthe admission stage. 1 2 CV8R, J W P.No.18953 2025

3. It is statr_.d that the agricultural land in Siy.No.6 to an extent of Ac.OIl-O3 gts., situated at pagidiyal \uillage, yalala Mandal, Vikarabad District originally belonged 1o ancestors of the petitioner as per revenue records and the p. hranies for the year 1963-64 and 19g6_g7 reflects the nzrme of the grandfather of the petitioner. It is further st,r(,d that after demise of the grandfather of the petitione r, his father inherited the property and subsequently tlrr: petitioner inherited the subject property and arso mutateti eis name in the concerned Revenue Records.

4. It is further stated that when the petitioner. :rbtained his new e-Pattadar passbook No.TO71gO12OOS4 with its Khata No.87, to his surprise the Sy.No.6 to an extent tf Ac.03-03 gts., is missing, which constrained him to :Lp,proach the revenue authorities to rectify the mistake, but his :fforts were in vain. It is further stated that 4th Respor.ctent,s office illegally, without any basis, transferred th e patta to Respondents Nos.5 to 7, by giving sub-division Sy.No.6/1, 6/2, 6/3 each extent Ac.Ol-Oi gts., in total A::.)3 03 gts., CVBR, J W.P.No.18953 2025 completely by-passing the legitimate inheritance rights of the petitioner, who is the sole legal heir. It is further stated that neither the petitioner nor predecessors-in-interest, at any point of time alienated the said property to anybody, much less to Respondents Nos.5 to 7 herein, and as such no right or title is conferred on them in respect of the subject property.

5. It is further stated that, on hnding the names of respondent Nos.5 to 7 in Bhubharathi portal, in respect of the subject property, the petitioner submitted detailed representations dated 23.12.2024 and 09,12.2024 to the Respondent authorities bringing these illegalities to their notice and requested for deletion and cancellation of the fraudulent entries, restoration of original entries in the name of the petitioner, but despite the same, the Respondent authorities have failed to take any corrective action, compelling the petitioner to approach this Court.

6. Learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short 1 4 CVBR, J V,/ P \o.18953 2025 "the Act 9 of 2O2O") has been repealed with Tel:LrLgana Bhu Bharati (Record of Rights in Land) Act, 2025 (for. :;hort, .the A9t 1 of 2025') and if the petitioner subrnits online application in the prescribed format in Bhu Ilhrrrati Web Porta,l seeking correction of entries in the revenl. e records and for issuance of pattadar passbook in respecr cf subject land and if the same fulfrlls all the requirements o. the Act 1 of 2025 and the Rules made thereunder, the rr:spondent authorities will consider the same, in accordance r .th law.

7. In view of the above submission, this Courl deems it appropriate to dispose of this writ petition perrl itting the petitioner to make appropriate online applica t ro n in the prescribed format in Bhu Bharati Web portr,rl seeking correction of entries in the revenue records and 1,rr issuance of pattadar passbook in respect of subject land. L,r the event of such application being made by the petitioner irnd if the same fullills all the requirements under the pro'.;i,ns of the Act I of 2025 and the Rules made therer-rr rder, the respondent authorities shall examine and considt:.. the case t: 5 CVBR, J W.P.No.18953 2025 of the petitioner. In any event, if the application of the petitioner does not fulfill the requirements of the Act 1 of 2025 and the Rules made thereunder, the respondent authorities shall pass a reasoned order, in accordance with Iaw and communicate the same to the petitioner. The entire exercise shall be compieted within a period of three (03) months from the date of receipt of the application.

8. With the above observations, this Writ Petition is disposed of. There shatl be no order as to costs As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. //TRUE COPY//

1. The Principal Secretary, (Revenue Department) _ Secretariat, State of Telangana at Hvderabad. ' ?. Ine District Coilector, Vikaiabad Disiricr---- 3. The Revenue Divisional Officer, yalita Mandal. 4. The Tahasitdar, yatata Manoal, Vi[aiabrJoi.iii 5. Two CCs to Gp FOR REVENUE, High C;r,ri;; 9. 9ne CC to SMT M.SRRrrnn, Advocate tOpUCI 7. Two CD Copies Hyderabad. [OUTI To SA PVL SD/. A. JAYASREE S TANT REGISTRAR SECTION OFFICER Dr.B Ambedkar B haban, Vikarabad District the State of Telangana at t t ,. /..,.,- lr 4; , SI '.,c l:'-1 t t_) ii -- 2X .rP zffi '('* - \<.?' /.. HIGH COURT DATED:0310712025 ORDER WP.No.18953 ot 2025 DISPOSING OF THE W.P WITHOUT COSTS.