Smt. Shabana Fatima v. The State of Telangana

Mr. Yennam Praveen Kumar Reddy, S/o. tt/r. Gopal Reddy, Aged about 50 years, Occ- Business, R/o. Survey No.128l2l and Survey No. 121, Sangam Village, Keshampet lt/landal, Ranga Reddy District, T.G ...RESPONDENTS 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 a Writ or Writs more appropriately a Writ of [Vlandamus declaring the inaction of the respondent No.2 to 4 in mutating the name of the petitioner in the Dharani Portal now Bhu Bharati Portal and issuing the Pattadar Passbook in favour of the petitioner in respect of the agricultural land in Survey No.128l2le (Old Survey No. 128 and Survey No. 1 28/2) admeasuring Ac.4.28 guntas out of Ac.9.1 6 guntas situated at Sangam Village, Keshampet Mandal, Ranga Reddy District, T.G., as per the Pattedar PassBook bearing Khata llo.341 is illegal, void, ultra vrrus, unconstitutional and in violations of the princ;irles of Natural Justice and also contrary to the Telangana Rights ln Land And Patt,adar Pass Books Act, 2020 and the Telangana Bhu Bharati (Record of Rights i-r Land) Act, 2025 in the interest of justice and equity. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the r:ircumstances stated in the affidavit filed in support of the petition, the High Oc,ud may be pleased pleased to direct the respondent No. 2 to 4 to mutate the n arne of the petitioner in the Dharani Portal now Bhu Bharati Portal in respect oI ihe agricultural land in Survey No.128/2/5 (Old Survey No. 128 and Survey 1.o.12812) admeasuring 4c.4.28 guntas out of Ac.9.16 guntas situated at Sangarr Village, Keshampet ltrlandal, Ranga Reddy District, T.G., and issue the fresh Pattadar Passbook in favour of the petitioner as per the Pattedar PassBook Learing Khata No.341., pending disposal of the Writ Petition in the interest of .lustic: and equity. Counsel for the Petitioner: SRI MD ABDUL MATEEN QUfIE:SHl Counsel for the Respondents No.1to4: SRI L.RAVINDER, AGP FOR REVENUE Counsel for the Respondents No.5 : -- The Court made the following: ORDER rrE&: -++F THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.33391 of 2O25 ORDER: This Writ Pctition is liled uncler Article 226 ol Constitution of India seeking the follou'ing rclief/ s:- "...to issue a Writ ol iVlandamus clcclaring Lhe inaction of the rcspondent Nos-2 to 4 irr rnutaLing the name of thc pctitioncr rn the Dharani Portal rros, Bhu Bharati Portal and issuing the Patta.lar Passbook in lavour of the petitioner in rcspect of the agricultural l:rncl in Sun'c1, No.l2al2la (olcl Sun,cy No.l28 and Sunev No 128/2) admcasuring Ac.4.28 guntas out of Ac.9.16 gulrtas situerteci :rt Sangam Village, Iieshampet Manclal, Ranga Rcddv District. :rs per the Pattedar PassBook is illcg:rl, r.'oirl, ultra virus, bearing Khata N-o.3.i I u ncon stitution al anrl in violntions of thc principles of N:rtural .Justice and also contr:rrv to the Telangar-ra Rights ln LaId And Pattadar Pass Books Act, 2020 and the Telangana Bhrt Bharati (Record of Rrghts in Land) Act, 2025 rn thc interest of justicc..."

2. With the consent ol both the parties, this Writ Petition is taken up for disposaL, at the admission stage

3. Heard A. M. Qureshi, lear-ned senior counsel representing learned counsel for thc pe titioner and Mr. L. Ravinder, le arned Assistant Government Pleader for Revenue appearing for respondcnt Nos. 1 to 4. Perused the record

4. Learned senior counsel for the petitioner would submit that admittedly the petitioner is t1-re title holder in Sy.No.128l2/ee (old Survey No.128 and Survey No I2B l2l admeasuring Ac.4.2B guntas out ol Ac.9.16 guntas situated at 2 Sangam Viliage, Kcshampet Mandal, Rar-rga R:rldy District, as pe r the Pattedar Passbook bearing Khata No.3,.{ 1 Thc petitioner soid the property to an extent of Ac.1.2B gut rras 1n favour ol respondent No-5 uicie regrstered sale decd l{r 3100 of 1999, dated i5.11.1999. lt rs utter- surprise lo the p,.: iiionr:r that after salc of part of the agricuitural land, thc r,-:r e rue authorities delete the namc of the petitroner in Dharani Pc,r tal, 1>ertait-ring to the remaining poftion of the propert-\. to an r xtent of Ac.4.28 guntas.

5. Learned senror counscl further sub,r.t tLcrl that an apphcation datcd 27.O7.2025 as coutemplatlrr uncter Dharani Portal has been made to respondent No-2 for urissing survey/ sub Division numbcr under TM-33 module. ()'t the application of the petitioner, r-rotice has ltccn causecl r-: n 2'! .1O.2024,

24.O9.2024 b), respondent Nos-3 a1d 4 propgs:1g to delete the name of unofficial responde nt to an extcllt of ,,\ r ..1.28 guntas, It is further submittecl that rn,hile correcting the -.n tr-ies ltertarning to the name of the petitioner, t[-re olficial respc:nclenLs ought to have issued appropriate proceedings recorclirrg the namc of the petitioner in respect of an extent of Ac.4.28 gr-ur::LS irr Sy.|{6.i26 of Sangam Vi11age, Keshampet Mandal, Rang..r Reclc1r. District. -) He u,ould submit that after alienating the property to an extent of Ac.4.2B guntas in favour of respondent No.5, the petitioner is holding anolher extent of Ac.4.2B Eauntas in the said survey number as the pe titioner \\'Lls holding Ac.9. 16 guntas of 1and.

6. Learned Senror Cor-tnsel lurlher submltted tllat the report of Revenue Inspector clearlt' eudorsed that the petitioner is in possession of the Ac.4.28 guntas i r-r St'.No. 128 l2l aa. Despite the said fact, the name of the petitioner tt'as not reflected in thc revenue records. L{ence, he uould seek to pass appropriate direction to lhe respondent authorities.

7. On tl-re other hand, learned Assistant Government Pleader for Revenue woulci submit that unless it is demonstrated that the petitioner rvas holdrng total cxtent of Ac.9.16 guntas in Sy.No. 128, no impugnitv can be attribr-rted by the official respondents in not entering the name of the petitioner pertaining to the remaining portion of the land Lo an extent of Ac.4 .28 gutnas in the said survey number. A notice has been caused to the petitioner on 21.1O.2021 vide No.B/2OOl2O3l2024, h,ence it is for the petitioner to demonstrate her title and ltpon verification t of the same, the necessary action has been taken by the officiai respondepts by issuing notice to all concerned parties and ,.rc - \: necessary ordcrs would bc passcd. Thcreforc. he seeks to pass 4 appropriate orders. B. Having heard 1e;Lrncd counscl for tlte pctitioncr and learned Assistant Gor.ernmenL Plcader for F.et cnlrc, u''ithout makir-rg anv observations on the mcrits or dem.:r-its of thc case, this Court deems it appropriate to dispense s iti'r rhe notice to respondent No.5 ar-rd direct the official respor.tr cnts to cxamine the case ol thc petitioncr along s.ith the case ol r:sp,ltdent No-5 and ail other interesteci parties b1, issuing notic( 1o al, concernecl parties and b,r, granting sufficrer-rt opportunit-r of' hcnr-tng, pass appropriate ordcrs strictly in accordar-rce v.,i I h lar.,. ,"r'ithin a perlod of sixtecn ( 16) weeks from the datc of r-()L'e ipt of a copv of this order.

9. With the abor.e directions, this r.i,rit petitic n is lisposcd of There sha11 be no order as to costs Miscellaneous petitions pcnding, if anv, sI arll sirtnd closed There shall bc no order as to costs //TRUE COPYi/ "SDi-C. DEEPIKA ASSISTANT BEGISTRAR (q SECTTC'N OFFICER To,

5. 6.

7. The Principal Secretary Revenue Department, Secretarirrt. Telangana State, Hyderabad The District Collector, Ranga Reddy District, Office at lic,ngara Kalan village lbrahimpatnam, Ranga Reddy, T.G. The Revenue Divisional Officer, Shadnagar Division. ( ffice at Farooq Nagar, Linga Reddy Guda, Ranga Reddy, T.G. The Tahsildar, Keshampet Mandal, Office at Chevla P:rlli Road, Keshampet, Ranga Reddy, T.G. One CC to SRI MD ABDUL MATEEN QURESHI, Advocate. IOPUC] Two CCs to GP FOR REVENUE, High Court for the St:te of Telangana. Two CD Copies. BSK BS \ i I HIGH COURT DATED:0411112025 ORDER WP.No.33391 of 2025 :.:=1- ,t 1t-li liiA/.. .s- 'lt imll E i--O q -) o ( i 6( a +t DISPOSING OF THE WRIT PETITION WITHOUT COSTS .t q4 ?b ll r