The High Court · 2025

Judgment

2. Adhikari Chetah (Minor) M/o late Shirisha, aged about 10 years Adhikari Vaishav (Minor) M/o late Shirisha, aged about 4 years Both are represented by their Legal Guardian Appointed through Will D-eed Dated 17.05.2021 Mekdla Ellamma Wio Mekala Gopi, Aged 51 years, Occ. Household rlo 1-2-215 Shanthi Nagar Adilabad District ...PETITIONERS AND

5. The State of Telangana, Represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad. The District Collector, Adilabad District, Adilabad The Revenue Divisional Officer, Adilabad Division, Adilabad District The Tahsildar, Adilabad (Urban) Mandal, Adilabad District. \ Smt Kommu Nagamma, W/o Not Known, Aged 60 years, Occ. Agriculture, Rl/o Bokkalguda Locality, Adilabad Town, Adilabad District ...RESPONDENTS Petition under Article 226 ot lhe Constitution of lndia praying that in the l:

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus to declare the inaction of Respondent Nos.2 and 4 in not mutating the land to an extent of Ac.1-05 gts in Sy No.68/93 situated at Khanapur Village, Adilabad Urban Mandat, Adilabad District in pursuance of the online mutation application No.01T66660013447 dated 0210812022 is as being illegal, arbitrary and violative of fundamental right guaranteed under Article 14 and constitutional right to property under Article 300-4 of the Constitution of lndia and consequently direct the Respondent Nos.2 to 4 to mutate the names of the petitioners as pattedars and enjoyers of the subject land in Dharani Web Portal and issue e-passbook and title deed. lA NO: 1 OF 2022 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 direct the Respondent Nos.2 & 4 to consider the objections raised with regard to the false claim of the Respondent No.5 overthe subject land admeasuring Ac.1- 05 gts in Sy No.68/93 situated at Khanapur Village, Adilabad Urban Mandal, Adilabad District, pending disposal of the Writ petition. Counsel for the Petitioners: SRI P. SASIDHAR REDDY Counsel for the Respondents No.I to 4: SMT. S. SRAVANTHI, AGP FOR REVENUE counsel for the Respondent No.5: sRl GAJANAND CHAKRAVARTHI t- The Court made the following: ORDER l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.34972 of 2022 THE 17TH DAY OF DECEMBER 2025 Between: Adhikari Chetah and Another ...Petitioners AND The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad and Four others. ..Respondents ORDER: Sri P.Sasidhar Reddy, learned counsel for the petitioners, Smt. S.Sravanthi, learned Assistant Government Pleader for \ Revenue appearing for respondent Nos. L to 4 and Sri Gajanand Chakravarthi, learned counsel for respondent No.5. Perused the material on record. |'

2. Learned counsel for the petitioner submits that the petitioners filed the present Writ Petition seeking to declare the inaction of the respondent Nos.2 and 4 in not mutating-thelandto an extent of Ac.1-05 guntas in Sy.No.68/93, situated at Khanapur Village, Adilabad Urban Mandal, Adilabad District, pursuant to .i , -, . - :..'--::... .i.:,j a.r-.._*"--. u:ri -\ i ' " :'' i.', i. '" 2 online mutation application No.01T66660O13447 dated

02.O8.2022, as illegal and arbitrary and consequently to direct the respondent Nos.2 to 4 to mutate the names of the petitioners as pattadars and enjoyers of the subject land in the Dharani Web Portal and to issue e-passbooks and title deeds in their favour.

3. Learned counsel for the petitioners submits that the subject property was originally purchased by one Sri B.Ellaiah @ Yellanna through a registered sale deed bearing document No.S/A dated t2.OL.lg7g for valuable sale consid.eration from the legal heir of the original owner, Smt. Kommu Bhumakka, W/o. late Ganganna. After acquisition of the property by way of family settlement, the name of the deceased B.Shirisha was recorded as pattadar and enjoyer over the subject land and she was issued pattadar passbook and title deed uideNo.415823 and KathaNo.247 by the t respondent No.4. The name of late B. Shirisha was reflected in all revenue records as pattadar and enjoyer. Thereafter, the respondent No.5 filed an appeal before the respondent No.3 )' claiming that she is the wife of late Kommu Sivanna, S/o.Ganganna, the original pattadar of the subject land and requested deletion of late B. Shirisha's name and to record the name of the respondent No.5 as pattadar and enjoyer. The said appeal was allowed by the respondent No.3 and challenging the -J same, late B. Shirisha filed Revision Petition under the Telangana Rights in Land and Pattadar Passbooks Act, Lgrl (for brevity, 'RoR Act") uid.e Appeal No.D LlLL76l2017, which was aflowed on

31.o3.2or8, by setting aside the order dated 24.04.2017 passed .: by the respondent No.3 and remanded the matter back to the respondent No.4 for ,implementation and restoration of late B.shirisha's name by following the established procedure as per law.

4. Learned counsel for the petitioners further submitted that the petitioners are the minor children of late B.Shirisha, who expired on 28.06.2021. while she was alive, she executed a will deed dated 17.o5.2o21 bequeathing the subject land and all her death benefits to her two sons in equal shares. pursuant thereto, the guardian filed online mutation apprication t No.O1T66660oL3447 dated o2.o8.2o22 before the respondent Nos.2 and + for mutation and issuance of e-passbook, in pursuance of the order dated 3 1.O3.20 18 passed by the Revisional l' Authority and the same is pending consideration before the respondent authorities.

5. Learned counsel for the petitioners funther submits that during the pendency of the present writ Petition, the respond.ent No.5 filed w.P.No.28625 of 2022 without impleading"'the 4 t' petitioners, seeking directions to respondent Nos.2 to 4 to mutate her name in the revenue records and issue e-pass book and title deed in respect of the subject property' by suppressing the factum of the order passed by the Joint collector, Adilabad District in Appeal No.B/ tl76l2Ol7 dated 31.03.2018, wherein the Joint collector rejected her claim. consequently, due to the pendency of the writ Petition filed by the respondent No.S, the respondent authorities are not considering the petitioners'online application dated o2.o8.2o22. Therefore, learned counsel prayed this court to direct the respondent authorities to consider the petitioners' online application dated o2.o8.2}22 and' mutate the names of the petitioners as pattadars and. enjoyers of the subject property and to issue e-passbooks and. title deeds in their favour.

6. On the other hand, learned. counsel for the respondent No'S submits that the respondent No.S fiIed w.P.No.23349 of 2024 before this court, against the orders dated 31.03'2018 passed by the Joint Co[ector, Adilabad District in Appeal No-D I I 1176l2oL7 ' In view of the pendency of the said writ Petition, the respondent authorities cannot consider the online mutafi-on application'filed bythepetitionersand'therefore,prayedtodismisstheWrit l }. Petition 1,i -7 5

7. Learned Assistant Government Pleader for Revenue submits that subsequent to the filing of the present Writ Petition, the Telangana Rights in Land and Pattadar Pass Books Act, 2020 was replaced by the Telangana Tlhu Bharati (Record of Rights in Land) Act, 2025 (for brevity, "the Act, 2025"1 and the Bhu Bharati Portal 1S working accordingly. The pending applications from the previous Dharani Portal are being considered as per the new Act,

2025. However, if there is any issue regarding the disposal of the online application filed by the petitioners through the online Portal, the petitioners can file a fresh application through the Bhu Bharati Portal under the Act, 2025 and the Rules made thereunder and the respondent authorities will consider the same and pass appropriate orders in accordance with law and therefore, requested this Court to pass appropriate orders. ( +'. F-, --f1 -- .,,{.,t. r., : ..A!&Srflaaar.r; t'r..

8. After hearing both sides and on' a careful perusal of the -,,,.r;;iqc.*rS*{rtAib*e**s&*}',:.1.. - . . ! material on rdcord, this Court is of the considered view that the petitioners are the legal heirs of late B. Shirisha, who succeeded before the Revisional Authority-Joint Collector in Revision Petition .-,{--{"}a*+F4* -..*i.4 filed under the ROR Act in Appeal No.DLlLl76l2OLT uide order dated 31.03.2018, by setting aside the order dated 24.04.2017 passed by the respondent No.3-Revenue Divisional Officer and directing the respondent No.4-Tahsildar .to:mutate the revenue : \'+ "_-._" '' - .-;-..--.* :;.:3,iiq$!s..$$..ii:4,r i;". ' i . -1,:*+,t,.-, I ) 6 in favour of records in respect of the subject property B. Shirisha. Pursuant thereto' the petitioners filed online ApplicationNo.o1T66660oL3447datedo2.o8.2n22throughthe Dharani portal for issuance of e-passbook and title deed' Further' : .rterim orders against the orders dated 31.03-2018 there are no interim orders a passed.bytheRevisionalAuthority-JointCollector,Adilabad. Moreover,therespond'entNo'SfiledW'P'No'23349of2024only afterfilingofthepresentWritPetition.Inviewofthesame,the respondent authorities have to pass appropriate orders on the onlinemutationapplicationdatedo2.oS.2o22submittedby petitioners,takingintoaccounttheordersdated3l.03.20lS passed'bytheJointCollectorinAppealNo.DLlLLT6l2olT. Further,merepend.encyofaWritPetitiond'oesnotprecludethe respond'entauthoritiesfromimplementingtheorderspassedbx theRevisionalAuthorityordisposingofthepetitioners, aPPlication' g.Inviewoftheaforesaidd'iscussion,thisWritPetitioniS., disposedof,d.irectingtherespondentauthoritiestodisposeofthe [ioners' online APPlication No.O1T6666008441 dated oiiieiJ tIffiiii, wittrin a Period

02. 08. 2022 bY Passrng approPriate ofeight(8)weeksfromthedateofreceiptofacopyofthisorder.If necessarJr, the petitioners are at liberty to file a fresh application '. :.i::,- ',..:. ' . ',)-. ..r.1.; .:-. r x.]ililiL;iqjj: i-:; ;: 7 through the online portal under the Act, 2025, and in that event, the respondent authorities are directed to dispose of the sarne, as expeditiously as possible, in accordance with law. Mi-scellaneous petitions pending, if any, in this Writ Petition shall stand closed. There shall be no order as to costs. //TRUE COPY// To

1. The Principal Secretary, .StaJe of Telang Secretariat Buildings, Hyderabad' SD/- L. VIJAY SIST TRAR / S€CTION OFFICER Revenue DePartment,

2.TheDistrictCollector,Adilabad,AdilabadDistrict 3. The Revenue Divisional officer, Adilabad Division, Adilabad District' 4.TheTahsildar,Adilabad(Urban)Mandal,AdilabadDistrict. 5. One CC to SRI P. SASIDHAR REDDY' Advocate [OPUC] 6. Two ccs to GP for Revenue, High court for the State of Telangana at 7. one cc to SRI GAJANAND CHAKRAVARTHI, Advocate [oPuc] 8. Two CD CoPies Hyderabad.tOUTl q MP GJP l g. ..--r. -,.n-i,. . - -. -:_l HIGH COURT DATED:1711212025 *l I .i s Oo i\n h ?t2t 0 J5 .',.- )A i),,:t: ORDER WP.No.34972 of 2022 f l. DISPOSING OF THE WRIT PETITION WITHOUT-C-OSTS ",b'