The High Court · 2025

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 a Writ of Mandamus declaring the action of Respondents 2 to 4 in processing or proposing to process the Mentioned Modification applications daled 2310712025, filed by Respondents 5 AND 6 in respect of the land in Sy. Nos. 72BlAAl2, 728lAAl4 AND 734lE/3 of Janwada Village, Shankarpally Mandal, Ranga Reddy District, without conducting a proper survey, without issuing notice to the Petitioners, and without following due procedure under the Telangana Rights in Land and Pattadar Passbooks Acl, 2O2O, as illegal, arbitrary and unconstitutiona I and consequently direct Respondents 2 to 4 not to make any changes, modifications, or updates in the Bhu-Bharati records relating to the subject land, except after completing a detailed survey, enquiry, and after giving prior notice and opportunity of hearing to the Petitioners. !.A.NO:1 OF 2025 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 grant an interim direction to Respondents 2 to 4 to forthwith withhold/stop processing any Mentioned Modification, mutation, or update in the Bhu-Bharati records based on the applications dated 2310712025 of Respondents 5 AND 6, and not to alter the existing revenue entries relating to Sy. Nos. 728lAAl2,728lAAl4 AND 734lE/3 of Janwada Village, until a proper survey and due enquiry is completed. Counsel for the Petitioners : SRI B.BHAGATH SAIN Counsel for the Respondent Nos.1 to 4 : SRI L.RAVINDER, AGP FOR REVENUE Counsel forthe Respondent Nos.5 & 6: - The Court made the following ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.38446 of 2o25 DATE OF ORDER: 15.12.2o.25 Between: Mohd Nawazuddin and others AND ..Petitioners The State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, and others Respondents ORDER This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "...pleaserl fo .Lssue tt Writ <tl' Llarrclarnu:; clt'<:ktt'irrt1 the ac:tion oJ' Resporrrlerrfs 2 to ll irL proces:;ittc1 or proposirtg to process tlte L4erLtiorrcd Modil'iccttiort appliccttions dated 23/07/:?025 J-iled bq Res1Lorultltl:; 5 ancl 6 in respect oJ tlrc laru.l fit Sy.,Nos.7'-)t://.4;l/2, 728/ AA/ 4 & 734/ li/ 3 <{- Jutttuacla l/illcrclc:, Slttrttttttrlirtlltl Mcttttlctl, Rant-c1a l?er.lcit1 f)i.';lrit'f ruitlrutrl r:otrtlttclhtrl (t I'age 2 of 6 - proper surl)e!! wi.thout issuirrg tlot.ice to the Petiti.onet's orrcl tuitLlout follotuing due proceclure uttder the Tr:latrrytrtn liig/tfs in. I-cut.d. artd Pctl.tctdct.r Passlsoolt.s Act, 2020 (r..i illerleil orbitranl ctrtrl. t.uTculstitution..rl. artd co,,s;3(/rl('tillr1 clirecl. [k:sp<ttrclur.ts 2 to ''l ttot to tnakc arty c:ltttrrrlr':; rnoelificcttiorrs or ttpclalt::: irt' the BltulSlutrcrti ,1r('(), r/.'j rclcil.ittrl lo tlx: :trltic:c.t lcnd except a.ller' <:orrtltlclirtrl ct tlctui.led stt,'ut,tj crttTuirtl and after qiuittg ltrictr. trolice ur.cl oltltorturtity o.f lt<:.urhtg to the Pet.it.iotrcrs errcl I'(tss.... . "

2. Heard Sri B.Bhagath Sain, learned counsel appearing for the petitioners and Sri L.Ravinder, learned Assistant Government Pleader for Revenue, for respondent Nos.1 to 4 and perused the record.

3. Learned counsel appearing for the petitioners would submit that late Sri Hassan Shareef was the absolute owner and possessor of land to an extent of Acs.25.14 guntas' in Sy.Nos.728 and 734, situated at Janwada village, Shankarpally Mandal, Ranga Reddy District. After the demise of Sri Hassan Shareef, the subject property was succeeded and partitioned between his sons i.e., 1 .Shamsahuddin Acs.6. 14 guntas in Sy.N os.728 and 734 I A;

2.Hasnuddin Acs.6.14 guntas in sy.Nos.728 and 73a I AA; 3.Fakruddin Acs.6.14 guntas in sy.Nos.728 and 73a lE; Page 3 of6

4.Shahbuddin Acs.6.14 guntas in Sy.Nos.72B and 734/DE. The first three sons have alienated their shares long ago, while the fourth son, Sri Shahbuddin, retained his share. He subsequently partitioned his property among his four sons i.e., Sri Naseeruddin, late Sri Jahangiruddin, late Sri Basheeruddin and late Sri Hafeezuddin each receiving Ac.1.23.5 guntas in Sy.No.728 and 734lEE. The petitioner Nos.l and 2 are the legal heirs of late Sri Jahangiruddin, petitioner No.3 is the son of late Sri Basheeruddin and petitioner No.4 is the wife of late Sri Hafeezuddin.

4. Upon the demise of Sri Hafeezuddin, petitioner No.4 being his only legal heir, along with the other petitioners, visited the village to perform his final rites. During that visit, when the petitioners enquired about the ancestral lands which were earlier managed exclusively by late Sri Hafeezuddin, they came to know that respondent Nos.5 and 6 had allegedly alienated lands in Sy.Nos.728/E and 734/E far beyond their legitimate share, taking advance of the absence of sub-division and boundary demarcation. Though respondent Nos.5 and 6 were entitled land to an extent of Page 4 of (r - Ac.6.14 guntas, they were selling excess land, which does not belongs to them. 5' In order to prevent further encroachments, petitioners instared a signboard on the property indicating their ownership' However, the said board was forcibry removed by respondent Nos.S and 6, thereby threatening the petitioners possession. A compraint was lodged with the jurisdictionar porice' but no action has been taken on the ground that the matter is *civil in nature,,. After introduction of New Revenue Act and Bhu-Bharati portal, the names of respondent Nos.5 and 6 began erroneously reflecting in the revenue records. Taking undue advantage of automaticary migrated entries, respondent Nos.S and 6 have applied for "Mentioned Modification". Thereafter, the petitioners appried for passbook correction on rc.OB.2O2S in the Telangana Government,s official Revenue Correction Module, which is specifica'y created for seeking corrections and rectifications in Bhu-Bharati records and arso submitted deta,ed representations to respondent Nos.2 to 4 on SO.OB.2O2S, seeking property survey of the subject land, rectification of Page 5 of6 wrong portal entries and non-processing of respondent Nos.S and 6's applications without due verification. But the respondent-authorities without considering the representations submitted by the petitioners and without conducting any survey are processing to act upon the applications submitted by respondent Nos.S and 6. Hence, the present writ petition.

6. Learned Assistant Government Pleader for Revenue would submit that the dispute between the petitioners and unofficial respondents 1S purely civil in nature and the respondent-authorities are not vested with the powers to decide the civil dispute between the parties. Further, the application for passbook data correction dated 16.O8.2O25 uide Application No.2500111742 submitted by petitioner No.1 is under consideration. The respondent-authorities will consider the sarne and pass appropriate orders in accordance with law

7. [n the light of the aforesaid facts and circumstances of the case and upon perusing the material available on record, notice to the unofficial respondents is dispensed with and I i Pagc 6 of6 - this Writ Petition is disposed of, directing respondent No.3 to examine the applications/representations submitted by the petitioners and unofficial respondents and pass appropriate orders, strictly in accordance '*,ith law, by putting the petitioners and unofficial respondents and all interested parties on notice and affording them an opportunity. He shall pass a reasoned order, communicate copy of the said order to the petitioners and complete the said exercise within a period of 9O days from the date of receipt of a copy of this order. There shall be no orders as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/-P. PONNA KRISHNA ASSISTANT REGISTRAR 6 SECTION OFFICER To SA

1. The Principal Secretary, Revenue Department Secretariat Buildings, State of Telangana at Hyderabad.

2. The District Collector, Ranga Reddy District. 3. The Revenue Divisional Officer, Chevella Division, Ranga Reddy District. 4. The Mandal Revenue Officer, Janwada Village, Shankarpally Mandal, Ranga

5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Reddy District. Hyderabad.tOUTl

6. One CC to SRI B.BHAGATH SAIN, Advocate [OPUC] 7. Two CD Copies HIGH COURT DATED:1 511212025 rr-:f I 'r ,c 3 (i o 0 6 iA|{ 2026 :4 .r,) ':t- *' pA-i(:ti €., ORDER WP.No.38446 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. 6l tla-L