Botike Sanjeeva v. 1. The State of Telangana

2. The District Collector, Member, Special Tribunal Warangal (Rural). 3. The Revenue Divisional Officer, Parkal, Warangal District. 4. The Tahsildar, Damera Mandal, Warangal Dist. 5. Sri Polusari Jagan Mohan Reddy, S/o Late Dharma Reddy (died as per LR Respondent No. 6)

6. Smt. Buddhe Sujatha, W/o Sadanandam, Rl/o Oglapur Village, Damera Mandal, Warangal Dist.

7. Sri lmmadi Pavithran Kumar, S/o Late Markaiah, Rl/o H.No. 5-1 1-808, Vidyranyapuri, Hanamkonda.

8. Smt. P. Sarojana, Wo Late Madhava Reddy, FJo Peddapuram Village, Athmakur Mandal.

9. Smt. Polusani Vijaya, W/o Jagan Mohan Reddy, Rl/o Hanamkonda. 10.Sri Madadi Ashok Reddy, S/o Sri Ram Reddy, F/o Manipalltigudem, Kamalapur. '1 'l . Smt. Ch. Kavitha, W/o Sri Venkata Raji Reddy, Fl/o Gandhinagar, Hanamkonda. ...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 writ order or direction more particularly one in the nature of writ of certiorari calling for the records relating to the order da t '7 ogl07t2o21 passed in Old Case No. 8/889/2019 before the RDO, parkal, Spec at Tribunal Case No. E217712021 dated oBlo7l2021 passed by the 2nd respcrJent and quash the same as unjust without any basis and contrary to principle; of natural justice and contrary to Law and consequently direct the respondents 'l to 4 to mutate the name of the petitioner in respect of the land in sy.No. 9? of ogulapur Village, Damera Mandal, Warangal District, admeasuring Ac. 1-1 i guntas, and issue pattadar pass book in the interest of justice. lA NO: 1 OF 2025 Petition under section 15i cpc praying that in the ircumslances stated in the affidavit filed in support of the petition, the High co -r t may be pleased to dispense with the filing of certified copy of the order dat< d 081o712021 in the interest of justice. lA NO: 2 OF 2O2s Petition under Section 151 cpc praying that in the ( rrcumstances stated in the affidavit filed in support of the petition, the High cotr may be pleased to Suspend the operation of order dated o8to7 t2021 pass: r in old case No. B/BB9/2019 before the RDo, Parkal, special rribunal ci se No. E2l77l2oz1 daled o8lo7l2o21 by the 2nd respondent in the interesr of rustice pending disposal of the above writ petition. Counsel for the Petitioner: SRI D.RAMAKRISHNA Counsel for the Respondent No.1 to 4: SRI L.RAVINDER, A( p FOR REVENUE The Court made the following: ORDER HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.37838 of 2o25 DATE OF ORDER: 09.12.2025 BETWEEN: Botike Sanjeeva AND The State of Telangana Rep. by its Principal Secretary, Revenue Department and 1O others Petitioner Re sponden ts : ORDER: This Writ Petition is filecl under Article 226 of Constitution of India seeking the follou'ing reliel/ s:- "...to issue urit ordcr or direcrion more particularly ono in the nature of writ of Ccrtiorari calling [or the recor(ls rclating to the order dalcd J8/07 12021 passe<l in Oltl Case No.B/889/2019 bcfore tlre RDO, Parkal Special -l'rrlrttnal Case No.E2l77 l2O2 1, datecl OalOT l2O2l passe(l bv the 2.'r respondent and quash the same as LutjLtst, rrithortt ant l>asis and contrary to principles oI natural justice and corltritrl' to Laiv and consequentlv clirect the respon.ietlts I to'l mutate the name of the pctitioncr in respcct of tlrc lan(l in Sy.No.99 of Ogulapur Village, Damera Mandal, Warangal Drstrict admeasuring Ac. 1.13 guntas and issLIe patt;t(lar pass book in the interest ofjusticc. ." )

2. Heard Sri D. Ramakrishna, Iearned co - rsel for the pctitioner, Mr.L.Ravinder, learned Assistant lovernment Pleacler for Revenue appearing for respondent Nos.1 to 4' Pcruscd the record.

3. Lcarned counsel for the petitioner wotllc submit the petitioner is the absolute owner and possesso of the land zrdmcasurit-tg Ac.1.13 guntas in Sy.No'9 < [ Ogulapur Village, Damera Mandal, Warangal Disrr ict, having purchased the same from the original patteci r through a registered sale deed. He would further s rbmit that rcspondent No.6 also claimed rights through t simple sale dced datcd 27.11.I99O. However, the name '1) rcspondent No.6 u'as not appeared in any pahani or rc'r 'nue record. Thcreafter, the petitioner filed an appea before thc Revenue Divisional Officer, Parkal seeking m - .ation of his nzrme in the revenue en tries and cancellzlt i rn ol illegal cnlries made in favour of third partips. ,+. Hc u,ould further submit that the apperr filed by thc 1:ctitioner \vas transferred to the Spec i I Tribunal, Warangal (Rural) District and it had been co.r;tituted vide 3 G.O.Ms.No.4 Revenue (Assessment-I) Dept, dated

12.O1.2021, old case No.B/889/20 l9 before the RDO, Parkal and it was renumbered uide case No.tr2 177 l2O2l. Vide order dated O8.07.2021, the learned Special Tribunal has passed the impugned order. He would further submit that the learned Tribunal ought to have decided the matter on m erits instead of relegating the parties to the civil Court for declaration of title. Therefore, he lr,ould seck to pass appropriate orders.

5. On the other hand, learned Assistant Government Pleader for Revenue would submit that the iearned Special Tribunal has passed the appropriate order, rvherein the appeal had filed by the petitioner seeking to regularize the simple sale deed dated 13.02.1984, having purchased the subject land from the original pattedar. The unolficial respondents herein are the respondents in the impugned order dated OB.O7 .2021 , passed by the learned Special Tribunal. He would further submit that as per Section 23 of the Telalgana Bhu Bharati (Record of Rights in Land) Act, 2025 (for short 'the Act, 2025), the Telangana Rights 4 - in Land and Pattadar Pass Books Act, 202( has been rr:pealcd and nort' the Act, 2O25 has comr into force' Sr:ctior-r 23 of the Act, 2O25 is extracted hereunc ':r: Section 23: RePeal and saving: (1) 'l'hc 'lclangana Rights in Land and Pattadar Prrs! Acl. 2020 Llooks Act, 2O2O is hcr-cby repcaled: l\-ovrdcd that the provisions o[ section E 'lt'langau:r. Ger.reral Clauses .qct, 189 I shall be apl)l ( rcspecl of the rcpeal of the said enactment, standrr! arrcl othcr provisions of I-a$', and section 8 and l' said Act shall be applrcable as i[ the enactment. ] orclers. provisLons of larv had bcctl repealed and t-e' l)\ tllis n cl. (2) 'l'he word 'Dharani" or "Dharani Portal t the 'lelangaua ParlchaYat RaJ nct, 2018 or the ll:l MunicrPalrtics Act, 20!9 or the Greater [1\( Muriic:;ral Corporation Act, 1955 or any other Act I rcplact--d ith 'RoR l'ortal . (3) An-i actiorl taketi or decision made tttt Telar1ganzr Rights rn Lancl antl Pattadar Pass Bo! 202t1 rrntrl it rvas irt fot-ce shall lrc valid and enforceir tlle sar(l Act rs itr force. Book s )[ thc rble in orders of the rnding racted rnd tn llgana :rabad rall be 3r thc s Act, [e as i[ Herrce, hc u'ould seek to pass appropriatt: lrders

6. Having heerrcl learned counsel for tL r petitloner, lcarned Assistant Government Pleader for I :r'er-rue and upon carefLrl perusal of material placed th i ; Court, this Court without making any observations on '. re merits or demerits ol the case, is of the opinion that thir; ',vrit petition has becn liled after four (04) years of the orc { r passed by the learned Specia-l Tribunal. However, the p 'titioner has 5 not approached the civil Court' that itself would sufficient todemonstratethatthepetitionerhasnointerestto prosecute his case' Hence' this Court deems it appropriate to grant liberty to the petitioner to avail appropriate remedies in accordance u'ith law' before the appropriate forrrm or Court' 7. With the above observations' this writ petition ts disposed of' There shall be no brder as to costs' -\ Miscellaneousapplications,ifanypending,shallalso stand ciosed' /,TRUE COPY// iss,',f^Rlt'[ts?HXA ,4 SECTI fforrtcen To, 1- The PrinciPal Secretary' Revenue Department Secretariat, HYderabad' State , ?r:Tl::l'cott""to'' Member' special rribunar waransar (Rural)' 3. The Revenue Divisional Officer' Parkal' Warangal District' 4. The Tahsildar' Damera trilandal' Warangal Dist- 5. One CC to SRI D'RAMAKRISHNA' t Advocate tOPUCi *tu'*"' Hish court for the State of relangana at lY8"r"r";Jiotinto* \

7. Two CD CoPies BSR HIGH COURT DATED:0911212025 ORDER WP.No.37838 of 2025 E.l s 6o-\ -.-) i)(J 1 t ' r ill Trllc i i, f \ l !lt +'.// I /t. .7,v:;s,/ DISPOSING OF THE WRIT PETITION, WITHOUT COSTS F\ u) NL \6 a