The High Court · 2025

Petition under Articre 226 0f the constitution of India praying that in the circumstances stated in the affidavit fired therewith, tne High court may be pleased to issue a writ order, or direction more particurarry one in the nature of writ of Mandamus decraring the inaction of the officiar respondents in dereting the names of the respondents No.S to 7 from the Dharani records in respect of the Agricultural land bearing Sy.No.14644/2 admeasuring Ac. 1_27 gts., sy'No'146E/2 admeasuring Ac.1- 27 gts., and Sy.No.146Ul 1 admeasuring Ac.1- 27 gts" totar admeasuring Ac.5- 01 gts., situated at Verchal Virage, MominpetMandar, vikarabad District by mutating the riames of the petitioner and respondents No'S to 7 in respect of the said lands in equar parts as iregal, unjust' contrary to raw and against the principres of naturar justice and consequently direct the official respondents to delete the names of the respondents No.S to 7 from the Dharani records in respect of the Agricultural Iand bearing Sy.No. 146AAt2 admeasuring Ac. 1-27 gts., Sy.No.1 46Et2 admeasuring Ac.1-27 gts., and Sy.No.146Ul 1 admeasuring Ac.1-27 gts., total admeasuring Ac.5-01 gts., situated at Velchal Village, [/ominpetMandal, Vikarabad District by mutating the names of the petitioner and respondents No.S to 7 in respect of the said lands in equal parts lA NO: 1 OF 2023 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 official respondents to delete the names of the respondents No.S to 7 from the Dharani records in respect of the Agricultural land bearing Sy.No.146AA/ 2 admeasuring Ac. 1 -27 gts., Sy.No.146El2 admeasuring Ac.1-27 gts., and Sy.No.146Ut1 admeasuring Ac.1-27 gts., total admeasuring Ac.5-01 gts., situated at Velchal Village, MominpetlVlandal, Vikarabad District by mutating the names of the petitioner and respondents No.5 to 7 in respect of the said lands in equal parts Pedings disposal of the writ Petitoner. Counsel for the Petitioner: SRl. D.KAVAL KUMAR Counsel for the Respondent Nos. 1to4: AGP FOR REVENUE Counsel for the Respondent Nos. 5&7:SRl D.V. SRIKANTH The Court made the foltowing: ORDER THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL N ORDER: .Aggneved by the inaction of oflicial respondents in deleting the names of respondent Nos.S to 7 from the Dharani records in respect of agricultural land bearing survey No.l46AA/2 admeasuring Ac. L-22 guntas, survey No.146E /2 admeasuring Ac.l-2T guntas and survey No.146u/ 1 admeasuring Ac.l-2T guntas, in total Ac.5-01 guntas situated at Velchal Village, Mominpet Mandal, Vikarabad District (herein after referred as subject property), the present writ petition is filed. A consequential prayer is sought to delete the names of respondent Nos.S to 7 from the Dharani records in respect of the subject property by mutating the names of petitioner and. respondent Nos.5 to 7 in respect of the subject property. 2- Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for respondent Nos. L to 4 and learned counsel for un-official respondent Nos.S to z.

3. Learned counsel for the petitioner submitted that petitioner is the w/o. Mr. Late Ashaiah and respondent Nos.s and 6 are her co- sisters and the petitioner's husband and husbands of respondent Nos.6 and 7 are real brothers. It is further submitted that the t:_=_-___..-. I 'I I J 2 petitioner's father-in-law one late Chaprasi Ramaiah was the owner, possessor and pattadar of the agricultural land bearing Survey No.l46AA/2 admeasuring Ac.l-27 guntas, Survey No.l46E/2 admeasuring Ac.l-27 guntas and Survey No. 146U/1 admeasuring Ac.L-27 guntas, in total Ac.5-01 guntas situated at Velchal Village, Mominpet Mandal, Vikarabad District. tt is further submitted that ttre petitioner's father-in-law died intestate leaving behind his four sons viz., Ananthaiah, Narsimulu, Ashaiah and Ramchandri. The elder son Anantha iah died leaving behind his wife by name Sangamma (respondent No.S), second son Narsimulu also died leaving behind his wife Pochamma (respondent No.6) and third son Ashaiah (petitioner's husband) died leaving behind his wife padma (petitioner) and fourth son Ramchandri died leaving behind his wife La:orri (respondent No.7). After the demise of husbands of petitioner and respondent Nos.5 to 7, the above said property was devolved upon the petitioner and respondent Nos.5 to 7, which was their ancestral joint family property arrd the same was under their joint possession and enjo5rment till date.

4. It is further submitted that, without the knowledge and consent of the petitioner, the respondent Nos.S to 7 had fraudulently obtained pattada-r passbooks by suppression of facts and mutation has been granted in their favor without granting any share to the petitioner herein. Aggrieved by the same, the petitioner made a detailed representation to respondent Nos.2 and 4 on 07.12.2023 with a ___ '--- F 3 request to delete the names of respondent Nos.S to 7 from Dharani Portal and to mutate the names of the petitioner and respondent Nos.S to 7 in respect of the said lands. Since, no initiative has been taken by the official respondents till date, the petitioner is constrained to frle this writ petition before this Court seeking the rights accrued upon the petitioner by inheritance and seeks to pass appropriate directions.

5. Learned counsel for unofficial respondents submitted that the proceedings initiated by the official respondents were in accordance with law and that the petitioner approached the Court with unclean hands and malalide intention. Hence, seeks to dismiss the writ petition.

6. Learned Assistant Government Pleader for Revenue submitted that the petitioner's application ought to have been filed through online Portal and since Dharani Portal has been repealed and the Bhu Bharati Act, 2025 has come into force, the petitioner may be directed to file an applicb.tion under Rule 7 of the said Act through online mode, which shall then be duly considered by the official respondents. t I

7. Having heard learned counsel for the petitioner, learned counsel for unoflicial respondents and learned Assistant Government Pleader for Revenue and upon perusing the material available on record, this Court deems it appropriate to grant libert5r to the petitioner to make a necessary application under the provisions of Bhu Bharati Act, 2025. fi' i I-,I ,t \ 4

8. Upon filing of such an application, the respondent No.4 _ MRO, Mominpet Mandal is directed to examine the same stricfly in accordance with law, and also verify whether notice was issued to the petitioner while mutating the names of respondent Nos.S to 7 in the Dharani Portal. The Tahsildar shall issue notices to both the petitioner and unofficiar respondent Nos.S to 7, afford tr:em due opportunitJr ofhearing, and thereafter pass appropriate orders stricfly in accordance with law, as expeditiously as possible, preferabry within a period of three (03) months from the date of receipt of the online application in terms of Rule 7 of the Bhu Bharati Act,2O2S. 9 With the above directions, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous applications if any pending, in tl.is petition, shall stand closed. SD/-U. SUDHA ISTANT REGISTRAR /TTRUE COPY// ECTION OFFICER To, District, T.S. 't The Princioal Secretary, Revenue Department, Secretariat' T'S''Hyderabad i. iil; bliiriJt botteaoi, Virarabad Distiict, Vikarabad' T'S' 5: iii; R;;;ir; DirGio irar oiticei' vit<a rabbd Revenue Divisio n' Vikarabad +. it d'iiird"i R"u"nr" officer, MominpetMandal, vikarabad District' T'S' s. o"" CC tJ sru. b.xnvnl KUMAR Advocate [oPUCI 6: i;; ddii"-cC FoR iEVEliirE ,riigh cor; tor ttre State or relansana at z. oire-cc to sru. b.v. SRIKANTH , Advocate [oPUC] 8. Two CD CoPies Hvderabad [OUT] BM BS Wr n HIGH COURT DATED i1311012025 ORDER WP.No.33699 of 2023 ( ,A c O 1 6E STa 16: 20 $rB ilUt * D;.'^ d- ^ -''-' tt-'-' DISPOSING OF THE WRIT PETITION WITHOUT COSTS $rd^%r@ t ,t ,l ,ii