Disposed

Bhutham Rajavva v. The State of Telangana

Telangana HC24 Apr 2025WP/11613/2025

Case brief

AI extract

What is this about?

Widow sought direction to revenue authorities to decide her representation for mutation of deceased husband's land in her name. Court disposed of the petition directing her to apply on the Bhu Bharati portal under the new Act of 2025; authorities to consider it or pass a reasoned order within three months.

What did the court decide?

Petitioner permitted to apply on Bhu Bharati portal; respondents to examine/consider the application or pass reasoned order within three months.

Bhutham Rajavva Vs The State of Telangana — Land Acquisition | Telangana HC (2025)

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HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD

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(Special Original Jurisdiction)

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THURSDAY, THE TWENTY^{FOURTH DAY OF APRIL} TWO THOUSAND AND^TWENTYFIVE

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PRESENT

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THE HONOURABLE SRI^{JUSTICE C.V. BHASKAR REDDY}

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WRIT PETITION NO :11613^{OF 2025}

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Between:

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Bhutham Rajawa, W/o Late Bhutham,^{Aged about 79 years,Occ ; Housewife, R/o} Ramakrishna Colony H/o NustulaPur^Village Thimmapur Mandal,^Karimnagar District.

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.....PETITIONER

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AND

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The state of Telangana,^{rep by its Principal secretary, Revenue Department,} Secretariat, HYderabad.

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The District Collector,^{KarimnagarDistrict.}

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The Revenue Divisional^{Officer, KarimnagarDistrict}

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The Tahsildar, Thimmapur^{Mandal, Karimnagar District'}

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Bhootham Rajamallu,^{S/o Pedda Kondaiah, Ag-ed about 66 years, Occ;.} - Agriculture and Real Estate Fl/o Ramakrishna Colony' Thimmapur Mandal Karimnagar District.

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Bhootham Laxmaiah,^{S/oPeddaKondaiah, Aged about 55 yeaq,Occ Real} Estate Business R/o Ramakrishna^{Colony, Thimmapur Mandal Karimnagar} District.

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Bhootham Gangaiah, S/o^{Pedda Kondaiah, Aged about 50 years, Occ'} Agriculture R/o^{-RamakrishnaColony, Thimmapur Mandal, Karimnagar} District.

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.....RESPONDENTS

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Petition Under Article 226 of^{the constitution of lndia praying that in the} circumstances stated^{in the affidavitfiled therewith,the High court maybe} pleased to issue a writ or direction^{one in the nature of Mandamus declaringthe} action of the^{respondentsin not considering and disposingof the representation} dated 21-o1-2O25^{is arbitrary and illegal and consequently issue a direction to the}

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respondents to consider and dispose of the representation dated 21-o1-2025 by mutating the petitioner name in revenue records inview of consent given by other legal heirs.

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l.A.NO:1 oF 2025

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Petition Under Section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue a direction to the respondents to consider and dispose of the representation dared 21-O1-2025 pending disposar of the writ petition in the interest of justice.

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Counsel for the petitioner : SRI MOHD ASIFUDDIN

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counset.for REVENUE the Respondent Nos.1 to 4 : SRr L.RAVTNDER, AGp FoR

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Counsel for the Respondent Nos.S to 7 : _

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The Court made the following ORDER

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HON'BLE SRI JUSTICE^{C.V.BHASKAR REDDY}

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IYRIT PETITION^{No.11613 of2025}

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ORDER:

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'This Writ Petition, under Article 226 of the Constitution of India, is liled seeking^{the following relief:}

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". ...1o issue a tttit^{or direction one tn the natureof Mandamus} declaing the^{action of the respondentsin not considering and} disposiig of the^{repreientation dated 21 01'2025 is arbitrary and} illigal aid' consequently^{issue o direction to the respondentsto} coisider and dispose $^{th. ,.pr.".ntationdated 21 01'2O25bg} mulating the^{petiiioner namein reuenue recordsin uietuof consen-t} giuen by other legal heirs...."

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Considered the^{submissionsof the learnedcounsel for the} respective parties^{and perused the record}

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It is stated that^{the petitioner's husband was the owner and} possessor of land to^{an extent of Ac' 1'3O guntas in Sy'No'556} situated at Ramakrishna^{Colony,ThimmapdrMandal, Karimnagar} District, and his natne^{was recorded in the revenue records and he} was also issued^{pattadar passbooksvide pattadar passbook} No.22g568andPattaNo.565.Itisthecaseofthepetitionerthat her husband died on^{2O.O7.2O24 and after arrivingjoint family} consensus, she^{submittedrepresentationdated2l 'O1'2025before} the respondents^{seeking mutation of her name in respect of the} subject^{propertyand also for consequential issuance of e-pattadar}

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)

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passbook in her favour, but even after receiving the said representation, the respondent authorities are not considering the same, to enable hcr to receive various incentives as investment subsidies sanctioned by the Government under various schemes for cultivation ol thc lands. Hence, this writ petition.

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Learnecl counsel for the petitioner submitted that Section 6 of the Telangana Rights in Land and Pattadar Pass Books Act, 2O2O (for short 'thc Act') confers power on the Tahsildar to update the Record of Rights when rights over land are acquired through succession, survivorship, or inheritance and for grant of succession certihcate acting on the application hled by the family members of the deceased.

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Sri L. Ravinder, Learned Assistant Government Pleader further submittcd that pending examination of the petitioner's representation, the Act 9 of 2O2O has been repealed and replaced by the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 (for short "the Bl'ru 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 Bl.ru Bharati Rules") vide G.O.Ms.No.39, Revenue (Land Administration-lf Department, dated 14.O4.2025. Learned Assistant Government Pleader further submits that the petitioner is

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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_

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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 mutation of her in respect of subject lands. 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 I 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 r of 2o2s 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 (O3) months from the date of receipt of the application.

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7 With the above observations this Writ petition is disposed of. No order as to costs.

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As a scqucl, the miscellaneous petitions pending, if any, shall

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stand closed.

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//TRUE COPY//

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SD/.T TIRUMALA DEVI Ury REGISTRAR

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