Jatoth Vijaya, Wo Jatoth Srinivas, Aged 37 v. 1. The State of Telangana
Case Details
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, Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondent Nos.2 to 4 in not considering the representations of the petitioner d|.2411012025 and 1811012025 and not conducting enquiry regarding the registration and mutation held in favour of the 5th Respondent during the existence of the family settlement deed executed in favour of the petitioner by Sth respondent dt.14l1 1/2023 in respect of Agricultural Land of an extent of 0-20 gts in Sy.No.345/1 situated at Komatipally Village of lnugurthy lt/andal, Ivlahbubabad District as illegal and arbitrary and also violative of the Fundamentar Rights as enshrined under th l constitution of rndia and consequen'y direct the Respondent Nos. 2 to 4 to corr ider representations dt'24r10r2025 and 19r10t2025 forthwith by conducting enc r ry in the interest of justice. I.A,NO: 10F 2025 petition Under section 15.1 cpc praying that in the cir(.rmstances stated in the affidavit filed in support of the petition, the High Court rray be pleased to direct the respondents Nos. 2 and 4 to consider representa i ,ns of the petitioner dt'24r1012025 and 1g/1012025 forthwith by conducting detaire i enquiry regarding the registration and mutation held in favour of the Sth Res rondent during the existence of the famiry setrement deed executed in favour o1 re petitioner by 5th respondent dr.14li1rzo23 pending disposar of the above writ . ,rtition. Counsel for the petitioner :-Ms. CHENAGONI MOUN|KA, AD\ OCATE FOR SRI MEDIKONDA KONDALA RAO 3:il1i,11"|. "" Respondent Nos.i to 4 : sRt L.RAV|NDER, r\ ip FoR Counsel for the Respondent No.S : _ The Court made the following ORDER - - -' "'--'"'r' IN THE HIGH COURT FOR THE STATE OF TELANGANA AT IITDERABAI) THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.4O413 of 2025 Dated: 3L.L2.2O25 Between: Smt. Jatoth Vrjaya. ... Petitioner And The State of Telangana, Represented by its Principal Secretary and four others ... Respondents :ORDER: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:- "... to issue Writ, Order or Direction more particularly one in nature of Writ of Mar-rdamus to declare the action of Respondent Nos-2 to 4 in not considering the representations of the petitioner dt.24-1O.2O25 arrd la.lo.2025 and not conducting enquiry regarding the registration and mutalion held in favour of the slh Respondent during the edstence of the family settlement deed executed in favour of the petitioner by the Sth respondent dt-74.11.2023 in respect of Agricultural Land to arr extent of 0.20 gts in Sy.No.345/ 1 situated at Komatipaily ViIIage of Ingurthy Mandal, Mahbubabad District as iliegal and arbitrary and also violative of the Fundamental Rights as enshrined under the Constitution of India ald consequently direct the Respondent Nos.2 to 4 to consider t1-e representations dt.24.1O.2025 & 18.10.2025 forthwith by conducting enquiry in the interest ofjustice and to pass otherr- order or orders ..." Y 2
2. Heard Ms.Chenagoni Mounika, k:, Lrned counsel representing Mr.M.Kondala Rao, learned <,tunsel for the petitioner, Mr.L.Ravinder, learned Assisterrt Government Pleader for Revenue appearing for responri ,.nt Nos. I to 4 and learned counsel for respondent No.: perused the record.
3. Learned counsel for the petitioner wo_ld submit that the petitioner is none other than the sister of respondent No.S. During the life time of their parer. s, their father executed a gift deed in favour of the petitioner on
22.O5.2OO9 bestowing her the property in iy.No.423/c of Komatipally Village, Inugurthy Mandal. Mahabubabad District, as pasupu kumkuma. While th: r parents are alive, respondent No.5 never objected to the gift deed executed by their father. However. after th,: death of their parents, respondent No.5 objected to the sa: re and did not permit the petitioner to get the said land .t utated in her favour. Thereafter, respondent No.5 and r-he petitioner settled their disputes and respondent No.5 :lave her land admedSuring Ac.O.20 gts. in Sy.No.345/. situated at h. J Komatipally Village, Ingurthy Maldal, in place of the land which is gifted by her father. While so, respondent No.5 again tried to grab her property. Inspite of . the representations, dated lB.tO.2025 and 24.1O.2025 submitted by the petitioner to conduct enquiry and cancel the registration ald mutation which had taken place ln favour of respondent No.5, the respondents have not taken a,y action. Aggrieved by the inaction of the respondents, the present writ petition is filed and seeks to pass appropriate orders.
4. On the other hand, learned Assistant Government Pleader for Revenue would submit that the petitioner ought to have filed F-line application as per the relevant provisions of the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 (for short, "the Act, 2025") by duly enclosing ail the necessar5r documents, instead of rushing to this Court by frling the present writ petition and seeking the rerief, which is nothing but misconception. Hence, he seeks to pass appropriate orders. \ 4
5. Having regard to the submissions of b'r h the learned counsel and on perusal of the material avail: ble on record, this Court, without making any observations on the merits or demerits of the case, deems it appropriate c grant libertY to the petitioner herein to hle necessary ap : ication as Per the relevant provisions of the Act, 2025. U1 ,rn hling such application, the official respondents are diret: t:d to act upon the application submitted by the petitir' rer artd pass appropriate orders, as expeditiously as pos:; rle within (90) days from the date of filing such applicat on, strictly in accordance with law, by putting all the inter: .;Led parties on notice and affording them sufhcient opporturr ty of hearing. t. With the above direction, this Writ Petrt on is disposed of. No costs. Miscellaleous petitions pending, if alg, shall stand closed. //TRUE COPY// Scli P.PONNA KRISHNA ASIi IiTANT REGISTRAR \+ \_-,' SECTION OFFICER
1. The Principal Secretary, Revenue Department, B.R.Amt ;dkar Secretariat, State of Telangana at Hyderabad. The District Collector, Mahbubabad District. The Revenue Divisional Officer, Mahbubabad District. The Tahsildar, lnugurthy Mandal, Mahbubabad District. Two CCs to GP FOR REVENUE, High Court for the Sttrl I of Telangana al Hyderabad. [OUT] One CC to SRI MEDIKONDA KONDALA RAO, Advoca:r [OPUC] Two CD Copies To 2 J 4 5 6 fi-[: /SA PMK !-\-Er (\' \ \ 1 HIGH COURT DATED:31 11212025 l: F :) 1[ ,) B 026 1 I i/ .,,...^)y' ORDER WP.No.40413 ot 2025 DISPOSING OF THE W.P WITHOUT COSTS. * 7 L