Kamre Shankaraiah Vs The State Of Telangana — Writ and Judicial Review | Telangana HC (2025)

Kamre Shankaraiah Vs The State Of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to submit an online application with supporting documents through the Bhu Bharati Portal under Rule 4 of the Rules, 2025 to the competent authority seeking rectification of entries in revenue records; the competent authority to consider and decide the application strictly in accordance with law after notice to the petitioner, respondent No.5 and all interested parties, without reference to the observations in the impugned endorsement dated 15.02.2024, and to complete the exercise within four (4) weeks thereafter; no costs; miscellaneous petitions pending, if any, stand closed.

Issue for consideration

Whether the Tahasildar's endorsement dated 15.02.2024 refusing to correct the revenue-record entries in favour of respondent No.5 is illegal, arbitrary and unconstitutional, and whether the entries should be rectified as sought by the petitioner. +1 more

Court's answer

The writ petition is disposed of granting liberty to the petitioner to submit an online application with supporting documents seeking rectification of entries in revenue records through the Bhu Bharati Portal under Rule 4 of the Rules, 2025 before the competent authority; on receipt, the competent authority shall consider and decide it strictly in accordance with law, putting the petitioner, the 5th respondent and all other interested parties on notice and affording them opportunity, without reference to the observations made by the 4th respondent in the impugned endorsement dated 15.02.2024 regarding the pahanies for 2020-21 and the 5th respondent's name, completing the exercise within four (4) weeks thereafter; no costs; miscellaneous petitions shall stand closed.

Ratio / Principle

The petitioner cannot seek rectification of entries in revenue records by an application before the 4th respondent-Tahsildar under Prajavani under the Telangana Rights in Land and Pattadar Pass Books Act; it is the District Collector who is competent under the said Act to correct the wrong entries, and the petitioner has to submit an application before the District Collector in terms of Circular No.1 of 2021 issued by the Chief Commissioner of Land Administration.

Key takeaways

With the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 in force from 14.04.2025 and the Rules, 2025 framed vide G.O.Ms.No.39 dated 14.04.2025, the petitioner has to submit an online application along with supporting documents through the Bhu Bharati Portal seeking rectification of wrong entries under Rule 4 of the Rules, 2025.ratio¶47

Detailed headnote1 paragraphs

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (K. Laxshman, J.), 14.07.2025 — Writ Petition No.11282 of 2024 disposed of. The petitioner claimed absolute ownership and possession of Acs.5-00 in Survey No.65/93g, Balajiankoda Village, Chintalamanepally Mandal (an assigned land), alleging that respondent No.5 obtained latest pattadar passbooks and title deeds for Ac.8-00 (Sy.Nos.65/93/1 and 65/93/2) during the Land Records Upgradation Program by misrepresentation and interfered with his possession; O.S.No.12 of 2020 before the Junior Civil Judge, Sirpur Town was pending. By endorsement dated 15.02.2024, the Tahasildar refused rectification, citing the pahanies for 2020-21 showing respondent No.5's name and absence of delegated powers. The Court noted that the District Collector is the competent authority under the Telangana Rights in Land and Pattadar Pass Books Act (read with CCLA Circular No.1 of 2021) to correct wrong entries, and that the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 (in force from 14.04.2025) and the Rules, 2025 (G.O.Ms.No.39 dated 14.04.2025) now govern rectification. Liberty was granted to apply online through the Bhu Bharati Portal under Rule 4 of the Rules, 2025; the competent authority to decide strictly according to law after notice to all interested parties, without reference to the observations in the impugned endorsement, within four weeks; no costs.

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE KLAKSHMAN

WRIT PETITION NO: 112820F 2024

Between:

Kamre Shankaraiah, s/o Kamre Papaiah, Aged 38 yrs, Occ. Agriculture, Rl/o H. No.4-9, Yapalguda, Gurudupeta, Kouthala, Kuhuram Bhdem Asifibad District.

...PETITIONER

AND

1 The State_ Of Tela_nga.na, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad, T.S.

2 The Collector, Kumuram Bheem Asifabad District. 3 The Revenue Divisional Officer, Kagaznagar Division, Kumuram Bheem Asifabad Diskict.

The Tahasildar, Chintalamanepally Mandal, Kumuram Bheem Asifabad District.

5 fqn]erg^{Shankar,s/o Ballaiah, Aged41 yrs, Occ. Agriculture,R/o H. No.2-5,} SC Colony, Balaji Ankoda, Koutala, Kumtiram Bheeni Asifabad District.

...RESPONDENTS

Petition under Article 226 ot the Constitution of India 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 dectaring the endorsement dated 15-02-2024 vide Rc.No/1 1Ol2O24 issued by the Tahasildar, Chintalamanepally in refusing to correct the entries on the name of Sth respondent under pattadar passbook no.T16030060811 in regpect of the land in Sy. No.65/93/1 to an extent of Ac.S20 guntas and Sy. No.65/93/2 to an extent of Ac.2-20 guntas, total adm. Ac.g-00 guntas to Sy. No.65/93 adm. Ac.5-00 guntas, situated at Balajiankoda village, chintalamanepally mandal, Kumuram Bheem Asifabad District, as being illegal, arbitrary, unconstitutional, contrary to the provisions of the Telangana Rights in

Land and Pattadar^{PassbooksAct, 1971and in violationof Articles 14,21and} 300Aofconstitutionoflndiaandconsequentlysetasidethesanreanddirectthe 4 to rectify^{the entriesin revenue recordsas mentioned} respondent nos.2^to above.

IA NO :1 OF²⁰²⁴

Petitionunderl)ectionlslCPCprayingthatinthecircumstancesstated intheaffidavitfiledinsupportofthepetition,theHighCourtnraybepleasedto suspend^{the entries r;n the nameof Sth respondentunder pattadarpassbook} no.T160300608',l^{1 in revenue records in respect of the saidland in sy'} No.65/93/'1 to^{an extentof Ac 5-20 guntasand Sy' No'65/93/2 to an extent of} Ac.2-2O^{guntas; total adm.Ac'8-00 guntas' situated at Ba ajiankodavillage'} Chintalamanepallymandal,KumuramBheemAsifabadDistriclpendingdisposal of the above^writ Petit^on

Counsel for^{the Petitioner:SRI ANUGANTI PRANEETH}

Counsel for^{the Respondent No'1 to 4: SRIL'RAVINDER' AGP FOR REVENUE} Counsel for^{the Respondent No'S: SRI RAVI CHANDRABEJJARAM}

The Court made^{the lollowing:ORDER}

(-'/',

THE HON'BLE SRI JUSTICE K.LAXSHMAN

WRIT PETITI ON No.I1282 of 20.24

ORDER:

Heard Sri Anuganti praneeth, Iearned counsel for petitioner and Sri L. Ravinder, learned Assistant Government preader for Revenue appearing for respondent Nos.1 to 4 and Sri Ravi Chandra Bejjaram, learned counsel for 5ft respondent.

Petitioner is claiming that he is the absolute owner arrd possessor of land admeasuring Acs.5_00 in Survey No.65/34g, situated at Balajiankoda Village, Chintalamanepally Mandal, Kumuram Bheem Asifabad District. It is an assigned lald. In proof of the same, the petitioner has.hled latest pattadar pass book and title deed.

According to the petitioner, 5ft respondent was also assigned with land admeasuring Acs.5-00 in Survey No.65/93, situated at Balajiankoda Village, Chintalamanepally Mandal, Kumuram Bheem Asifabad District. However, he has obtained latest pattada-r pass books and title deeds for Acs.g-OO of land i.e., Acs.2-2O guntas in Survey No.6S/93/2 and Acs.S.2O guntas in Survey No.65/93/f, during the Land Records Up_gradation Program (LRUP), by way of misrepresentation. Taking advantage of the same, 5m respondent has started interfering with the possession of the petitioner over the subject property. Therefore,

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2 KL, J \t^).No.11282 ol2024

petitioner a1on51 with^{others filed a suit in O'S'No' 12 of 2O2O} against 5ft respondent^{and two others in the Court of} 'lunior^Civil Judge at Sirpur^{Town, seeking declarationof title and for} perpetual injunction and^{the sameis pendingOn the ground that} the latest pattalar^{passbooks and title deeds were obtained by 5h} respondent lty^{way of misrepresentation,thepe titionerhas} submitted art applicationⁱⁿ Praj avani uide^reference No.KBMCHP/tr12024 I^{OOO05datedl2'O2'2O24to 4c'respondent} with a request to^{correct the said wrong entries'Vide} endorsement <lated^{15.O2.2024,41d, respondenti:-rformedthe} petitioner that. on verification^{of the revenue records,more} particularly paeanies for^{the year 2O2O-21, Sfi respotrdent'sname} was found in respect of^{land admeasuringAcs'5-210guntas in} Survey No.65/93/ I^{and Acs.2-2O guntas in Survel' No'6519312'} and his name^{was continued tiil date, and as per l)harani Web} Portal, there^a re^{no powers delegated to 4ft respond':nt-Tahsildar} for change of entries^{in the revenuerecords. Challenging the said} endorsement. ctated^{15.02.2024,petitioner hled the presentWrit} Petition.

Sri Ravi Chandra Bejjaram,^{learned counsel forSft} respondent, while referring to the^{counterfiled b1' him, would} contend that 5;th respondent is^{the owner of the lanclto art extent} of Acs.5-20 guntas in Survey No.65/93/^{1 and Acs.2-20 guntas in}

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KL, J W.P.No- 1I282 of2O24

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Survey No.6S/93/2 of the very same village i.e., Ba-lajiankoda Village. According to him, Sth respondent acquired Acs.S-20 guntas in Survey No.6S/93/ 1 by way of inheritance and Acs.2_20 guntas in Survey No.65/93/2 by way of family partition. However, he has not fiIed copies of the same along with thb counter afhdavit.

As per the impugned endorsement dated 15.02.2024, tlre petitioner cannot file an application before the 4e respondent_ Tahsildar under prajavani, seeking rectihcation of entries in revenue records, under the Telangana Rights in [,and and pattadar Pass Books Act,2O2O. It is the District Collector who is competent under the said Act to correct the wrong entries. The same was informed by 4m respondent to the petitioner. Therefore, the petitioner has to submit an application before the District Collector in terms of Circular No. 1 of 2O2l dated lS.O1 .2C/21 issued by the Chief Commissioner of Land Administration, and it is for 2"d respondent to decide the same.

It is relevant to note that during pendency of the present Writ Petition, a new statute i.e., Telangana Bhu Bharati (Record of Rights in Land) Act, 2025, came into force with effect from 14.04.2025. Telangana Bhu Bharati (Record of Rights in Land) Rules, 2O25 (for short the Rules, 2025,), have been framed uid.e G.O.Ms.No.39, Revenue (Land AdministrationJ) Department, dated 14.04.2025. As per Rule 4 of the Rules, 2O25, the petitioner

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KL, J !I P-No 112a2^{of 2024}

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has to submit cnline^{applicationalong with supportingdocuments} through Bhu Bharati^{Porta-l seeking rectificationof wrongentries'}

7 . In the lipiht of the above, this^{Writ Petitionis disposed of} granting libertl' to the^{petitioner to submit online applicationalong} with supportinl3 documents^{seeking rectihcation of entries in the} revenue recotdrs, through^{Bhu BharatiPortal under Rule 4 of the} Rules, 2025, before^{the competentauthority. On r':ceiptof the} said application, the^{competent authority shall considerand} decide the sanre strictly^{in accordance with law, by putting the} petitioner, Sth respondent and all^{otherinterested parties on notice} and affording them an^{opportunity,withoutreference to the} observation made by^{4ft respondent in the impugned endorsement} dated 15.02.2C24 that in^{the pahaniesfor the year 2O2O-27,5h} respondent's r ame was found in^{respect of landadmeasuring} Acs.5-20 grtntits in Survey^{No.65/93/ 1 and Acs.2-ilO guntasin} Survey No.65i9312, and^{his name was continued tilldate'} However, the ctmpetent^{authority shall completethe saidexercise} within a period of four^{(4) weeksthereafter.No costs'}

As a seouel, miscellaneous^{petitions pending, if any, shall}

stand closed

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SD/.B. REKHA RANI ASSISTANT REGISTRAR //TRUE COPY//

SE OFFICER

To,

The Principal Secretary, Revenue Department, Secretariat, Hyderabad,^State Of Telangana.

The Collector, l'(umuram Bheem, Asifabad District.

3 The Revenue Divisional Officer, Kagaznagar Division, Kumuram Bheem Asifabad District.

4 The Tahasildar, Chintatamanepally Mandal, Kumuram Bheem Asifabad District.

One CC to SRt ANUGANTT PRANEETH, Advocate [OPUC]

One CC to SRt RAV| CHANDRA BEJJARAM, Advocate tOpUCl

Two CCs to Gp FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

Two CD Copies

BS

LS

CC TODAY

HIGH COURT

DATED:1410712025

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ORDER

1HE SL{r e
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SPA.I'(:

WP.No.11282 of 2024

DISPOSING OF^{THE WRIT PETITION,}

WITHOUT COSTS