Citation : 2025 Latest Caselaw 3997 Tel
Judgement Date : 17 June, 2025
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.16540 of 2025
ORDER:
This writ petition is filed seeking following relief:
"to issue Writ, order, or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondent No. 4 in processing and disposing the online application on Mee-Seva portal, vide Transaction ID No. 2400654259, E-Challan No. CSM2400135672, dated 25.09.2024, for grant of succession and mutation of agricultural land in Sy.No. 745/6, to an extent of Ac. 7-00 gts, in survey No. 746/6, to an extent of Ac. 1-00 gts, in survey No. 739, to an extent of Ac. 1-26, and in survey No. 739, to an extent of Ac. 1-24 gts of Khalsa Ibrahimpatnam Village, and Mandal, Ranga Reddy District as illegal, arbitrary, and violative of Articles 14, and 300-A of the Constitution of India and contrary to provisions of the Telangana Rights in Land and Pattadar Pass Books Act and consequently to direct the Respondent No. 4 mutate the petitioners name and issue new E- Passbook in favor of the petitioner in respect of land in Sy.No. 745/6, to an extent of Ac. 7-00 gts, in survey No. 746/6, to an extent of Ac. 1-00 gts, in survey No. 739, to an extent of Ac. 1-26, and in survey No. 739, to an extent of Ac. 1-24 gts of Khalsa Ibrahimpatnam Village, and Mandal, Ranga Reddy District and pass."
2. Considered the submissions of the learned counsel for the
respective parties and perused the record.
3. It is stated that the husband of the petitioner, late Saluvala
Narsimha, was the absolute owner and possessor of agriculture lands
admeasuring total extent of Ac. 11-10 guntas, comprising of Ac.7-00 guntas
in Sy.Nos.745/6, Ac.1-00 guntas in Sy.No.746/6, Ac.1-26 guntas in
Sy.No.739 and Ac.1-24 guntas in Sy.No.739, situated at Khalsa
Ibrahimpatnam Village and Mandal, Ranga Reddy District (for short, 'the
subject land') and the said lands were duly recorded in his name and issued
Patta Number 437 and Passbook Number 147488.
2 CVBR, J
4. It is further stated that during the lifetime of petitioner's late
husband one Mr. Saluvala Satyanarayana filed a partition suit bearing
O.S.No.1621 of 2009, on the file of the Additional Senior Civil Judge, Ranga
Reddy District at Ibrahimpatnam and the same was dismissed vide judgment
and decree dated 24.03.2023, upholding the exclusive title and possession of
the petitioner's late husband. It is further stated that the said Judgment
and decree passed in O.S.No.1621 of 2009 has attained finality. It is further
stated that the petitioner has made an application for mutation and
succession of the land which stands in the name of her late husband in
revenue records, but even after receiving the said application, the
respondent authorities are not considering the same, to enable her to receive
various incentives as investment subsidies sanctioned by the Government
under various schemes for cultivation of the lands. Hence, this writ petition.
5. Learned Assistant Government Pleader for Revenue has not
disputed the issuance of pattadar passbook in favour of the petitioner's
husband. He further submitted that pending examination of the petitioner's
application for grant of pouthi izafa/succession certificate and mutation of
the entries in her favour, the Act 9 of 2020 has been repealed and replaced
by the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 (for short
"the Bhu Bharati Act") and in terms of the provisions of the Bhu Bharati Act,
Rules have been framed commonly called as Telangana Bhu Bharati (Record
of Rights in Land) Rules, 2025 (for short "the Bhu Bharati Rules") vide
G.O.Ms.No.39, Revenue (Land Administration-I) Department, dated 3 CVBR, J
14.04.2025. Learned Assistant Government Pleader further submits that
since the petitioner has made an application under the provisions of the Act
9 of 2020 and in view of the replacement of the Act 9 of 2020 with Bhu
Bharati Act, the petitioner is entitled to make an appropriate application as
per Rule 4 of Bhu Bharati Rules in Bhu Bharati Portal and if the petitioner
makes such application duly paying the prescribed fee, the respondent
authorities would consider the same in accordance with law.
6. In view of the above submissions, this Court deems it
appropriate to dispose of this writ petition permitting the petitioner to make
appropriate online application in the prescribed format in Bhu Bharati Web
Portal, seeking issuance of new pattadar passbooks in respect of subject
lands in the prescribed format in Bhu Bharati Web Portal by duly enclosing
necessary documents. In the event of such application being made by the
petitioner and if the same fulfils all the requirements under the provisions of
the Act 1 of 2025 and the Rules made thereunder, the respondent-
authorities shall examine and consider the case of the petitioner. In any
event, if the application of the petitioner does not fulfil the requirements of
the Act 1 of 2025 and the Rules made thereunder, the respondent-
authorities shall pass a reasoned order, in accordance with law and
communicate the same to the petitioner. The entire exercise shall be
completed within a period of three (03) months from the date of receipt of the
application.
4 CVBR, J
7. With the above observations, this Writ Petition is disposed of.
There shall be no order as to costs.
As a sequel, the miscellaneous petitions pending, if any, shall stand
closed.
____________________________ C.V.BHASKAR REDDY, J
Date: 17.06.2025 tu 5 CVBR, J
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.16540 of 2025
Date: 17.06.2025 tu
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