Aleti Sagar v. 1. 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 pleased to 1. lssue a Writ of Mandamus declaring the inaction of the Respondents in not considering the Petitioner's Application No. ROS022003353748 dated 03;11.2020 as arbitrary, illegal, and violative of Articles 14,21 and 300-4 of the Constitution of lndia, 2. Direct the Respondents to forthwith process and dispose of the said application and representation by mutating the Petitioner's name in respect of Ac. 3.27 gts in Sy.No.461, Vangapahad Village, Hasanparthy Mandal, Hanumakonda District, under Sectron 6 of the Telangana Bhu Bharati Act, 2025, and issue Pattadar Passbook-cum- Title Deed in the Petitioner's favour. |.A.NO:1 OF 2025 Petition Under Serction '1 51 CPC praying that in the cir,.;umstances stated in the affidavit filed in sucport of the petition, the High Courl may be pleased to direct the Respondent no.4 to forthwith process and dispol;e of my Application No. ROS022003353748 dated 03.1 1.2020. Counsel for the Petitioner : SRI GAJULA PREM KUMAR Counsel for the Respondents : SRI L.RAVINDER, AGP FOR REVENUE The Court made the following ORDER / THE TIONOURABLE SRI JUSTTCE K. LAKSHMAN WRIT PETITION No.26642 of 2025 ORAL ORDER: Heard learned counsel for the petitioner and Mr.L.Ravinder, leamed Assistant Government Pleader for Revenue appearing on behal I of the respondents.

2. The Petitioner herein is claiming that he is the absolute owner and possessor of the land admeasuring Ac.3.27 guntas in Sy.No.46 1, situated at Y angapahad Village, Hasanparthy Mandal, Hanumakonda District, under a Sada Bainama dated 13.05.1995. He has submitted an application bearing No.ROS022003353748 dated 03.11.2020 to respondent No.2 with a request to regularize the said Sada Bainama. Despite receiving and ackndwledging the said application, respondent No.2 did not act upon the same. Aggrieved by the said inaction of respondent No.2, the present writ petition is filed.

3. Rule 6 of the Telangana Bhu Bharati (Record of Rights in Land) Rules, 2025, deals with the procedure for regularization of unregistered transactions. Respondent No.3 is the competent authority to consider the application submitted by the petitioner. 2

4. The Govemment issued G.O.Ms.No. I12, daled, 12.10.2020, extending the time to submit online applici,.tions seeking regularization c,f Sada Bainama up to 10.11.2020. Section 6 of the Telangana Bhu Bharati (Record of Rights in Land) Act,2025 (for short, 'the Ac:') deals with the regularization c f unregistered transactions ancl the same is extracted below: "6. Regularization of Unregistered Transactions: (l) Notwithstauding anything contained in this Act or ary other law for the time being in force, where any small or marl;inal larmer acquired :ights ovcr agricultural land by virtue of an alienation or transfer nrade rr eflected otherwise than by a registere J document before 02-06-2014, evidencing possession for more than t,velve years, and an application is submitted under the Telangana fughts in Land and Pattadar Pass Books Act, 1971, fiom 12-10-2020 and l0-11-2020, for issue of a ce:(ificate to the alienee or transferee declan rg that such alienation or trrnsfer is valid, the Govemment may; by notification, the processing .lf thcsc applications for regularization of tnregistered transactiorls. (2) On ir;sue of such notification, the Revenue Divisir,nul Officer shall, wittrin thr: prescribed period, after making such enquiry as may be prescribed rcgarding the transfer or alienation-and to ascertain that the alienation or transfer is not in contravention of thr: provisions of the Terangana Land Reforms (Ceiling on Agricultural Holdings) Aot, 1973, the Urban Land (Ceiling and Regulation) Ac:, 1976, the Telangana Scheduled Areas Land'lransfer Regulation, 1!.59, and the Tclangana Assigned Lands (Prohibition of Transfers) Act, 1977 and upon payrnent of such stamp duty and registration fees as may be prescribed, issu: a certificate to the alienee or transferee dr.rclaring that thc alienation ,rr transfer is valid from the date of issue of such certificate. Thi:; certificate shall be evidence of such alienation or transfer as; against the alienor or transferor or any person clairning interest undcr hirn. (3) Nothirg corLtained in sub-sections (l) and (2) shall bt: deemed to validatc any alienation where such alienation is in contravention of the provisions of tLrc 'felangana Land Reforms (Ceiting on . \gricultural Holdings) Act, 1973, the Urban Land (Ceiling and Regu lation) Act, 3 1976, the Telangana Scheduled Areas Land Transfer Regulation, 1959, and the Telangana Assigned Lands (Prohibition of Transfers) Acr, 1977." t \

5. On consideration of the said provision, vide order dated

26.08.2025, a Division Bench of this Court dismissed W.P. (PlL) I I No.270 of 2020 as infructuous and modified the interim order dated 11.11.2020.

6. ln the present case, the petitioner has submitted the online application on 03.11.2020, i.e., within the prescribed time limit. Therefore, respondent No.3, being the competent authority, shall consider and dispose of the said application in accordance with

1. In view of the aforesaid discussion, the wrrit petition is disposed of, directing respondent No.3 to consider and dispose of the application bearing No.ROS022003353748 dated 03.1 1.2020 submitted by the petitioner seeking regularization of the atbresaid Sada Bainama and pass appropriate orders in accordance with law within a period of 90 days from the date of receipt of a copy of this order. There shall be no order as to costs. 4 As a seqrLel, misccllaneous petitions pending, if any, shall stand closecl,. //TRUE COPY// sD/-l ASSII ,. PONNA KRISHNA NT REGISTRAR I E CTION OFFICER to'r. -n" Principal Secretary, Revenue Department' Telangana Secretariat' State of Telangana at HYderabad' z ihe oirtTitt Collecioi, Hanumakonda District' Telangana 3. The Revenue Divisional Officer' Hanumakonda Division' Hanumakonda 4. The Tahsildar' Hasanparthy tvlqld.ql' llanumakonda Dist-ict' 5. Two ccs to Gp FOii h?vENG,-Higlr court for the statr of Telangana at 6 6i,;"bCi;inr cALur-n PREM KUIUAR' Advocate [oPlrc] 7. Two CD CoPries Hvderabad lOUTI District. SA PVL t I ^o-f' ij t HIGH COURT DATED:0 410912025 ORDER WP.No.26642 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. (v v, ia\qP