B. Kumar Swamy v. The State of Telangana
Case Details
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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 issue Writ or Order or Direction C-2 more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents more particularly respondent no.2 in not considering the representation dated.13-3- 2025 of the petitioner and not initiating appropriate action for making necessary corrections in respect of a portion of land in Survey No. 439 (0.09 gts), situated at Vasthakondur Village, Gundala Mandal, Yadadri-Bhuvanagiri District, which has been wrongly shown in the name of other persons in Dharani and restoration of his lawful Pattadar rights, basing on the representation of the petitioner dated.13-3-2025, despite receiving and acknowledging the said representation, the respondent no.2 did not act upon the same is bad, arbitrary, void and against the principles of natural justice and violation of Articles 14, 21 and 300A of the Constitution of lndia and consequently direct the respondent no.2 to consider the representation dated.13- 3-2025 submitted by the petitioner and dispose of the I I I I petitioner's representation in accordance with law, after due verification of records. Petitior, 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 no.2 to consider and dispose of the representation dated.l3-3-2025 submitted by the petitioner in accordance with law, after due verification of records, within the time frame fixed by the Honourable court. Counsel for ttre Petitioner: SRI Y. SHASHIDHAR REDDY Counsel for the Respondents: SRI L. RAVINDER, ASST. GP FOR REVENUE The Court made the following: ORDER .) IN TTIE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABN) THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL W.P.No.39899 of 2O25 Date:29.t2.2025 Between B. Kumar SwamY AND ...petitioner The state of Telanga.na, Rep. by its Principal Secretar5r, Revenue Department, Secretariat, Building, Secretariat, Hyderabad and three others. .respondents ORDER This writ Petition is fited to declare the action of the 2nd respond.ent in not considering the petitioner's representation dated t3-o3-2025 and not initiating appropriate action for making necessary corrections in Dharani portal, as there is wrongly showing the names of other persons in place of petitioner, in respect of a portion 2 EVV.J W.P.No.39E99 of 2025 of lan<l in Sy. No.439 to extent of Ac.0.09 gts, situated at Vasthal<ondur village, Gundala Mandal, Yadadri- Bhuvanagiri District, as illegal and arbitrar5r.
2. Heard Sri Y. Shashidhar Reddy, learned counsel for the petitioner and Sri L. Ravinder, learned Assistant Government Pleader for Revenrle, appearing for the reslrondents. Perused the material available on record.
3. Learned counsel for the petitioner would submit that the petitioner has been granted pattadar passboc,k on 19-0 L-2O19 and got mutated his n€une in the revenue records based upon the sale deed executed in fravour of the father of the petitioner on 11-08-2011, duly registere,d on the file of SRO, Motkooru, Nalgonda District, vide document No.1337 /2OL1 and he would submit that the petitioner is in peaceful possession and enjoyment of the subj,sct propert5r to the total extent of Ac.0.27 gts in Sy. Nos.zt39A/2 (Ac.O.09 gts), 439lAA/2 (Ac.O.09 gts) and 439812 (Ac.0.09 gts), sitauted in Vasthakondooru village, Gundaala Mandal, Janagam District. He would further submit ttrat originally the said property has been acquired i-\. 3 EVV,J W.P.No.39899 of 2025 by the petitioner's father through the valid transaction at the SRO, Motkooru, Nalgonda District. He would further submit that surprisingly, after receipt of pattadar pass book, t]1e petitioner's father was shocked to see that only Ac.0.18 gts in Sy. No.439 was recorded in the pass book out of Ac.O.27 gts, and the third party's narne has been reflected in respect of the remaining land to the extent of Ac.O.O9 gts in Sy. No.439/2. Therefore, to rectify the sarne, the petitioner submitted an application on L3-O3-2O25 addressed to the 4th respondent, but no action has been taken so far. Hence, the present writ Petition.
4. Learned Assistant Government Pleader for Revenue, on the other hand., would submit that it is an admitted fact that the father of the petitioner died ot 24' oL-2O25. Thereafter, the petitioner ought to have liled a necessarJr application seeking succession to the subject property under Rule 7(2) of the Rules made under the Telangana Bhu Bharati (Record of Rights in Lands) Rules, 2025 (for brevity, "the Rules, 2025"1. He would further \ I 4 EVV,J W.P.No.39899 of 2025 submit that the petitioner may also seek rectilication of the entries, which, in turn, would be considered by the approprrisfs authorities by following the due procedure contemplated under law. After issuing nEcessary notice and granting sufficient opportunity of hearing, the responrlent authorities would pass appropriate orders strictly in accordance with law. Hence, he seeks appropriate orders.
5. Having regard to the submissions of botJl the learned counsel and upon considering the material availabl,: on record, this Court deems it appropriate to grant ooportunity to the petitioner to make necessary applicat.on on the relevant provision of Rules mad.e under the Rule:s, 2025. Thereupon the respondent authorities shall act upon such application by issuing notices to all the concerned parties and after granting suflicient opportur:ity of hearing, pass appropriate orders, strictly, in accor,lance with law, as expeditiously as possible, preferabl'y, within a period of sixty working days from the date of filing of such online application. \ 5 EVV'J W.P.No.39899 of 2025
6. Accordingly, the Writ Petition is disposed of' There shall be no order as to costs'
7. As a sequel, the miscellaneous petitions pending, if anY, shall stand closed' /,TRUE COPY/' SD'-C. DEEPIKA ASSISTANT REGISTRAR 6 SECTION OFFIGER \ To, --^-i-ir\iar#ar - Secretariat, Hyderabad' l.ThePrincipalsecretary,RevenueDepartment,TheStateofTelangana' 2. The District CofiJ"toi Vad ad ri-B huvanagiri District' Telangana 3. The Revenue Divisional officer triociil-ghongir Division' Yadadri-Bhuvanagtrt 4. ?,{tfi';"oal Revenue officer, (MRo), Gundala Mandal, Yadadri-Bhuvanagtrt 5. B.;X.3t to SRI Y. SHASHIDHAR REDDY, Advocate IOPUC] 6. Two ccs to Gp ron iEvENuE, iiigh ctrrt for the dtate of Telangana [oUfl 7. Two CD CoPies BN BS W HIGH COUR ATED:29/1212025 t I iiiE s 6- t :O '+ * 1 7 r.tAB 7rt7fi z * 3 tE WP.No.39899 of 2025 DISPOSING OF THE WRIT PETITION THOUT COSTS