Disposed

Nelli Rajaiah v. The State of Telangana

Telangana HC22 Apr 2025WP/11916/2025

Case brief

AI extract

What is this about?

Petitioner sought mutation of revenue records and issuance of pattadar passbook for agricultural land recorded in his father's name. The court permitted him to apply online under the Telangana Bhu Bharati Act, 2025 and directed authorities to decide within three months with reasoned orders.

What did the court decide?

Writ petition disposed permitting online application; authorities directed to examine claim for pattadar passbook/Pouthi Izafa and pass reasoned order within three months; no costs.

Nelli Rajaiah Vs The State of Telangana — Property and Title | Telangana HC (2025)

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[^32e61

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HIGH COURT^{FORTHE STATE OF TELANGANA} AT HYDERABAD

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(SPecial Original^{Jurisdiction)}

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TUESDAY,^{THE TWENTY SECOND DAYOF APRIL} TWO THOUSAND^{AND TWENTY FIVE}

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PRESENT

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THE HONOURABLE^{SRIJUSTICE C.V. BHASKAR REDOY}

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WRIT PE^{TITION NO: 119'16OF 2025}

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Between:

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Nelli Rajaiah,^{Sio. Nelli Kanakaiah' aged about 74 years'Occ'Cultivdion'Rio} Potlapalli^{Village, Husnabad Mandal Siddipet District'}

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...PETITIONER

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AND

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The State^{of Telangana, Rep by its PrincipalSecretary' Depadmentof}

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Revenue,Dr.B.R.AmbedkarTelanganaStateSecretariat,Hyderabad'

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The^{District Collector(Revenue)' Srddipet District'Siddipet'}

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The Revenue^{DivisionalOfficer, Husnabad Division'Husnabad' Siddipet} District.

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4.TheTahsildar,Husnabadtvlandal'siddipet'siddipetDistrict.

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...RESPONDENTS

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PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstances^{stated in the affidavit filed therewith 'the High Court maybe} pteased to issue^{an appropriate Writ' order or direction more particu{adyone in the} nature of^{Writof MANDAMUSdeclaring the action of the respondents2 to 4 in not} rectifyingtheentriesintherevenuerecordsandnotincorporatingthepetitioner.s nameaSpattadarandpossessorpertainlngtotheagriculturelandinanextentof Ac.1.00^{guntas situatedin Sy No 485/2 of Potlapalli Village'Husnabad Mandal'} Siddipet^{District pursuantto the assuranceof the 2nd respondent throughthe} PrajavaniReceiptdated04-0T.2022asillegal,arbitraryandviolativeofart.rclesof 14,2land300.AofConstitutionoflndiabesidesviolativeofprinciplesofnatural justice and consequently^{direct the respondents2 to 4 to mutatethe narne of the}

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-+.-..-

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petitioner in the revenue records pertaining to the above stated agricurturar rand and also to grant new e-pattadar passbook_cum_tifle deed.

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lA NO: 1 oF 2025

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Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents 2 to 4 to take appropriate further action pursuant to the prajavani Acknowredgment Receipt issued under pridavani by the 2nd respondent on 04_07_ 2022 ror rectification of revenue entries pertaining to the agricurture land in an extent of Ac.1.00 guntas situated in'Sv.No.4g5i2 0f poflapaili viilage, Husnabad Mandal, siddipet District. pending disposar of the writ petition in this Hon,bre Court.

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Counsel for the petitioner: SRt VADLAKONDA RAV| KUMAR REDDY counsel for the Respondents: sRr L.RAVTNDER, AGp FoR REVENUE

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The Court made the following: ORDER

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HON'BLE^{SRI JUSTICE C.V. BHASKAR REDDY} WRIT PETITION^{No.1191 6of 20.25}

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ORDER:

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Itisstatedthatthepetitioner'sfatherbynameNelli Kanakaiah^{was the absolute owner and possessor of the} agricultural^{land admeasuring Ac I OO guntas in Sv'No'485/2'} situated at^{Potlapalli Village, HusnabadMandal' Siddipet} District.^{It is further stated that the name of the petitioner's} father^{was entered in the revenuerecords and the respondent} authorities^{also issued Final Registry of Rights (1-B) as per the} of the^{Telangana Rights inLand and Pattadar} provlslons uide RORO2 L6O792OO78'^dated Passbooks Act, lg7l 13.05.2016.^{It is further stated that' alter the death of his} father, the^{petitioner had succeeded to the said propertyand on} verification of^{the Dharani Portal'he came to knowthat the} narnes of^{the third parties havc been enteredand therefore'he} made representations,^{datedl5' ll''2021and' 04 'O7 '2022 before} respondent^{Nos.2to 4 seeking for deletionof the entries and to} enterhisnameaSownerandpossessor.Thegrievanceofthe petitioner is that,^{even after receipt ol the said representations'} the respondent^{authoritiesdid not consider the same'}

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CVBR. J Wp-t 1916 2025

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Consiclered the submissions of the learned couhsel for the petitioner and Sri L.Ravinder, learned Assislant Government Pleader lor Revenue appearing for respondent Nos. 1 to 4 and with their consent, this writ petition is being disposed o[ at the admission stage.

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Learned counsel for the petitioner has vehemently contended that, once the name of the petitioner,s lather is recorded in Final Registry of Rights (1_B), the respondent authorities do not have any right to deny the right and entitlement of the petitioner for grant of pouthi Izafa for the lands which stand in the name of his father.

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Learneci Assistant Government pleader for Revenue has ltot disputed the entries made in 1_B register. Learned Assistant Government pleader further submits that thc petitioner has not submitted online application rn appropriate module o[ Dharani Web portal duly enclosing all the documents and i[ such an application is submitted and the said application fulfils atl the requirements of the provisions of the Telangana Rights in Land and pattadar passbooks Act, 2O2O and the circular insrrucrions issued by CCLA uide circular No. I of 2O2l,

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CVBR, J Wp_l 1916,2025

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!R!:q:!q!t

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dated 15.01.2021^{and Circular No'1of 2024, dated2S'O2'2024'} the respondent^{authoritieswould take appropriate action'}

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It is settled law^{that as per Rule 14-A of the Telangana} Rights in Land^{and PattadarPassbooks Rules, 19B9(for short} "the Rules"),^{after the publication of the notificationin Form IV'} the Mandal^{RevenueOflicer shall arrange torecastthe} information in^{Form-I into Form I-B and authenticatethe entries} in respect of^{eachperson.If, for any reason, the confirmationof} the Record of^{Rights in any village under sub-rute (1) of Rule 13} or the issue of^{notifrcationas in Form-N, in respect of any village} is held up, then^{the Collector may, by a special order'auttrorise} theMandalRevenueoflicerinwhosejurisdictionthevillageis situated to^{get the register in Form I-B prepared lor the village} excluding the^{Survey numbers/sub-divisionnumbers for rvhich} claims in Form III-A^{are received'The register in Form1-B so} prepared, shall^{be test checked and shall also be read out in a} Grarna Sabha,^{and the entries inthe} register shall^be It is furthe r^seen authenticated^{by the MandalRevenueOfficer} that, as^{per sub-Rule2 of Rule 14-A of the Rules' after} preparation of^{the register in Form I-B, the MandalRevenue} Oflicer shall^{arrangeto get the title deedsand Pass Books}

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CVBR. J Wp-l l9l6 2025

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prepared with reference to the entries in Form I_B.and deliver the same to the persons concerned in.a Gram Sabha.

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6' It is the case of the petitioner that once the entries are made in Form 1-B, a presumption has to be drawn under Section 6 of the Telangana Rights in Land and pattadar Passbooks Act, IgZt (for short "the ROR Act, 1971,) which states that every entry in the record of rights shall be presumed to be truc until the contrary is proved or until it is otherwise amended in accordance with the provisions of the ROR Act, 197 t.

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7 . A read ing o[ the above provisions would manifestll, establish that once Lhe entries are made in Form_ l B, a presumption has to be drawn to the said entries for entitlement of the petitioner for issuance of pattadar passbook by granting Pouthi Izafa. Ir-r vicn, of the above statutory provisions, this Court deems it appropriate to dispose of this writ petition permitting the petitioner to make appropriate online application as per the procedure prescribed in Telangana Bhu Bharati (Record of Rights in Land) Act, 2O2S (for short .,the Act I ot 2025"1 and if such an application is submitted duly enclosing all the documents, the respondent authorities are directed to

I I l l i I

!!*ry

CVBR, J tVp l1916 2025

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examine the claim of the petitioner for issuance of pattadar passbook by granting Pouthi Izafar In any event, if the petitioner does not satisfy any of the requirements, the respondent authorities are directed to pass a reasoned order 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 submitted by the pctitioner.

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