Disposed

Mrs. Tanveer Jahan Sara, v. The State of Telangana

Telangana HC28 Apr 2025WP/12950/2025

Case brief

AI extract

What is this about?

Legal heirs claiming shares in agricultural land sought directions to revenue authorities to mutate their names and issue digital pattadar passbooks via the Dharani portal. Noting a preliminary decree in a partition suit and a compromise memo for final decree, the court disposed of the petition directing them to seek final decree first, then apply under the new Bhu Bharati Act.

What did the court decide?

Petitioners permitted to seek final decree in O.S.No.822 of 2008 and then apply on Bhu Bharati portal; authorities to consider application or pass reasoned order within three months.

Mrs. Tanveer Jahan Sara, Vs The State of Telangana — Property and Title | Telangana HC (2025)

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[^32e6 ]

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

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MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT P TITI NNO:1 950 0F 2 5

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Between:

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Mrs. Tanveer Jahan Sara, D/o Late Gulam Sadiq Ali^{Khan, Wo MirzaFarooq,} Aged about 65^years, Occupation. Household,

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Mrs. Layeeq Jahan Seema, Wo Syed Masood Ahmed, Aged about^{64 years,} Occupation. Household,

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Petitioner No.1 and 2 are Rlo. H.No. 8-1222126, HMBS^{Colony, Kismalpur,} Rajender Nagar, Ranga Reddy District, T.S-^500086.

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Mr. Abdussami Amer Khan, S/o Late Gulam.^{Sadiq Ali KhanAged about 56} years, Occupation.Working in USA, R/o. 206, Savannah Pail Loop Casselberry, Florida-32707, USA.

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4 Mr. Abdusslam Adil Khan, S/o Late Gulam Sadiq Ali Khan, Aged^about54 years, Occupation.Working in USA, R/o. 206, Savannah Parl Loop, Casselberry, Florida-32707, USA.

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Ms Salma Mghammed Sadiq Ali,^D/o Late^{Gulam Sadiq Ali Khan, Aged about} 53^years, Qccupation. Household, R/o.^{5151 Hussain AF Khalkhalai,} JDSBS151, 6989, Haya Al-safa, Jeddah-23453, KSA.^{PetitionerNo.1 to 5 are} represented by their GFA Holder^i.e., MR. SYED^{MASOODAHMED,S/o} Late Syed Waheed Ahmed,^{Aged about 69 years, Occ Business, R/o- H.No'} 8-1222126, HMBS Colony,^{Kismatpur, RajenderNagar, Ranga Reddy District,} T.S- 500086

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Mr. Habib Mandar Al Aidroos,^{S/o Late Syed Abdul} Hameed^{Al-Aidroos, Aged} about 37 years, Occupation. Business,^R/o.H.No. 10-3-1411^{and 2, Flat No.} 102, Aden Ayenue, Humayun^{Nagar,IMehdipatnam, Asif Nagar, Hyderabad,} T,S.

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Mrs. Tareem Al-Aidroos, D/o^{Late Syed AbdulHameed Al-Aidroos,Aged} about 36^years, Occupation. Household,^{R/o. H.No.10-3-1411862,FlatNo.} 102, Aden Avenue, Hur4ayun Nagar, Mehdipatnam,^{Asif Nagar, Hyderabad,} T.S

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8 Mrs. Maria Saleem, Wo Syed Saleem^{Aged about67 years,Occupation.} Household, Rio^{3323,Mistflower LN, Naperville; ll 60564, USA.}

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Mrs Samia Pasha, W-q^Lqte Ahsanullah^{Pasha,Agedabout 65 years,} Qccupation. Housebold,^{R/o. 1, The Close Clayton Le Moors, Acc Rington,} BB55RX, Lanpashire, U.K.

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Petitioner^{No. B anQ 9 are Representedby. 6 as their G.P.A Holder i.e.,}

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MR^HABIB MAHDAR^{AL AIDROOS,S/o Late Sved Abdul HameedAl-} Aidroos, Aged^{about 37 yeaJs, occupation. Business' R/o H.No10-3-'l4l'l} and^{2, Flat No 1Q2,} Aden^{Avenue, HumayunNagar, Mehdipatnam, Asif} Nagar, Hydergbad, T^S

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...PETITIONERS

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AND

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The State of Telangana, fiepresented by its^{PrincipalSecretary Revenue} Department, 9t^{Seqretariat Hyderabad.}

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fhe CqUpctgr, Ranga^{ReddyDiskict, At KongaraKalan, At lbrahimpatnam,}

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The Revenue Divisignal Officer,^{GandigudaVillage, Sha4shaQad Mandal, at} $hamshabad

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fhe Tahsildar, Gandiguda Village,^Shamshabad Mandal,^{at S.fiamshabad.}

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...RESPONDENTS

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Pgtition under Article 22A of he^{Constitutionof lndia praying that in the} circumstances statpO in the affidavit^{filed therewith,the High Court may be} pleased to pass order or orders one^{in the nature} of^{Writ of} Mandamus^declaring the in Aqtion gf Respondent No.^{2, 3 and 4 for not disposingthe Representation} made by the petitioner dated- 16-04-2025^{to issue Mutationproceedings including} issuanqe of Digital Patta Passbook^{and incorporatingthe names in DharaniPortal} in our favour in respect of the land^{i.e., Land in Sy No. 40 to the extent of Ac. 14-} 23 gts, and Land in Sy No 4'1 to^{the extentof Ac. 20-27gts, and in Sy No. 44 to}

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the Extent of Ac. 3-35 gts all are situated at Gandiguda Village, Ghansimiyaguda G.P, Shamshabad Mandal, Ranga Reddy District, T S., and to declare the bction of the respondent is tptally illegal, against law, ultra-virus and violations of principles of Natural Ju$tige and also the provisions of the Telangana flights in land and Patledar pasg pook Acl, 2020 and violation of grticts 300-4 of the Constitution of lndia.

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lA NO: 1 OF 25

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fetition undq;^Seption 151 CPC^praying that in the circumstances stated in the affidavit filed in suppqrt of the petition, the High Court may be pleased to direct the respondent Nq ?, 3 and 4 to consider the Representatiqn Dated. 1\lg4t212b filed by the petitioqer with respect to the Land in Sy No. 40 to the exlent of Ac. 1423 gts, gnd lSnd in Sy No. 41 to the extenl ot Ac. 20-27 gts, and in Sy No 44 to the Extgnt of Ac. 3 35 9h all are situated at Gandiguda Village, Ghansimiyaguda G.P, Shamshabad Mandal, Ranga Reddy Digtric!, T.g. pen(ing lispos4t of the main Writ pqtitiBn.

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Counsel for tge Pelitionefs:^qRl SURESH SHIV SAGAR Counsel foq $p RgqpoQ$entsr GP FOR REVENUE

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The Cqurt mqCe ttre follor4ring; ORDER

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---7

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THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY 'WRIT PETITION No.12950 of 2O25

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ORDER:

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This writ petition is filed seeking following relief:

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"For the reasons stated in the accompanying affidavit, it is prayed that this Honrble Court may be pleased to pass order or orders one in the nature of Writ of Mandamus declaring the in action of Respondent No. 2,3 and 4 for not disposing the Representation made b1. the petitioner dated 16-04-2025 to issue Mutation proceedings including issuance of Digital Patta Passbook and incorporating the names in Dharani Portal in our favour in respect of the land i.e., Land in Sv No. 40 to the extent ofAc. 14-23 gts, and L,and in Sy No- 4l to the extent ofAc. 20-27 gts, and in Sy No. 44 to the Extent of Ac. 3-35 gts all are situated at Gancliguda Village, Ghansimiyaguda G.P. Shamshabad Mandal, Ranga Reddy District, T.S., and to declare the action of the respondent is totally illegal, against law, ultra-virus and violations of principles of Natural Justice and also the provisions of the Telangana Rights in land and Pattedar pass book Act, 2O2O and violation of Articte 3O0-A of the Constitution of India and to pass such other order or orders as this Hon'ble Court may deem fit in the circumstances of the case."

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It is stated that the petitioners are the ancestors of late Nawab Gulam Mohammed Khaja Moinuddin Ali Khan, who purchased land admeasuring Acs. 578.14 guntas in Survey Nos. 1 to 9, 13, 14, 18 to 55, situated at Gandiguda Village, Shamshabad Mandal, Ranga Reddy District in favour of his son Nawab Ghulam Mohd. Sadiq Ali Khan @ Mohammed Sadiq Ali Khan, who is the father of the petitioners, through registered Document No.756/1347 Fasli and the petitioners' predecessors names are also recorded in the Khasra Pahani and other relevant documents. It is further stated that when disputes arose over the said propergr among the co-sharers i.e., father of ttre petitioners Nawab Ghulam Mohd. Sadiq Ali Khan @ Mohammed SaCiq{,li Khan and his two sisters Mumtaz Jdnan

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2 CVBR, J W.P.No.1295O of 2O2S

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Khatoon and Ariya Khatoon, a suit uid.e o.S.No.g22 0f 200g was instituted on the file of IX Additional District and sessions Judge, at L.B.Nagar seeking for partition and the said suit was preliminar y decreed by awarding 1/3.a share to each member i.e., the father of the petitioners and his two sisters and the said suit is pending for passing of rrnar decree. It is further stated that the petitioners are the absorute owners and possessors of rand admeasuring Acs. 14.23 guntas l Survey No.40, Acs. 20.22 guntas tn Survey No.41 and Acs. 3.35 guntas in Survey No.44, situated at Gandiguda Village, Ghansimiyaguda Gram panchayat, Shamshabad Mandal, Ranga Reddy District (for short, 'the subject landJ. The grievance of the petitioners is that they made a representation dated 16.04.2025 to respondent Nos.2, 3 and 4 for issuance of mutation proceedings and the digital pattadar passbook by incorporating their names in Dharani portal, but the same was not considered by respondent Nos.2, 3 and 4. Hence, the present writ petition.

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3' considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is disposed of at the admission stage.

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Learned counsel for the petitioners contended that O.S.No.g22 of 2008 is pending for passing of final decree and the defendants therein have filed a compromise memo for passing of Iinar decree in o.s.No.g22 of 2008.

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3 CVBR, J W.P No.1295O of 2025

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Learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that Telangana Rights in Land and Pattadar Passbooks Act, 2O2O has been repealed and replaced with Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 (for short, 'the Act 1 of 2025) and if the petitioners submit online application in the prescribed format in Bhu Bharati Web Portal and if the same fulfills all the requirements of the Act I of 2O25 and the Rules made thereunder, the respondent authorities will consider the same, in accordance with law.

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In view of above submissions, since a preliminary decree has been granted in O.S.No.822 of 2008 and a compromise memo has been filed for passing of hnal decree, this Court is of the opinion tl-rat the ends of f \ justice would be met if the petitioners are permitted to make an appropriate ( application in O.S.No.822 of 2008 on the file of IX Additional District and Sessions Judge, at L,B.Nagar either for passing of hnal decree in terms of the compromise memo. or claiming individual interest over the subject land. In the event of such an application is being submitted, the trial Court is directed to pass appropriate orders and after obtaining necessary orders from the trial Court in O.S.No.822 of 2OO8, the petitioners are permitted to make appropriate online application in the prescribed format in Bhu Bharati Web Portal, seeking for mutation of their names in the revenue records and for issuance of pattadar passbooks in respect of subject land. In the event of such an application being made by the petitioners and if the same fulfills all

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)

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4 CVBR, J W.P.No.1295O of 2025

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the requirements under the provisions of the Act 1 of 2025 anrd the Rules made thereunder, the respondent authorities shall examine and consider the case of the petitioners. In any event, if the application of the petitioners does not fulfill the requirements of the Act I 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^{petitioners.The} entire exercise shall be completed within a^period of three^{(03) monthsfrom} the date of receipt of the application.

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7 . With the above observations, the Writ Petition is disposed of. There shall be no order as to costs.

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Miscellaneous applications pending, if any, shall stand closed.

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SD/. P.^{PADMANABHAREDDY} DEPUTY^RFGISTRAR

//TRUE G.PY'

sEcrCIN^oFFlcER