Yarakala Lakshmamma, Vs State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Yarakala Lakshmamma, Vs State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioner to submit a fresh online application in terms of the Telangana Bhu Bharati (Record of Rights in Land) Rules, 2025 to respondent No.4 within one week, seeking deletion of the land to the extent of 179 sq.yards in Sy.No.505/U/3, Pillala Marri Village, Suryapet Mandal, from the list of prohibited properties; respondent No.4 to consider and dispose of the application in accordance with law within four weeks thereafter; no order as to costs; miscellaneous petitions, if any, closed

Issue for consideration

Whether respondents 2 to 4 ought to be directed to consider the dharani application No.2400022081 dated 21.10.2024 and delete the land to the extent of 179 sq.yds in Sy.No.505/U/3, Pillala Marri Village, Suryapet Mandal, from the prohibitory list, their inaction being challenged by way of a writ of mandamus

Court's answer

In view of the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 (in force w.e.f. 14.04.2025) and the Rules, 2025 framed vide G.O.Ms.No.39, the petitioner is required to submit a fresh online application to respondent No.4, the competent authority, seeking deletion of the subject property from the list of prohibited properties; upon submission, respondent No.4 has to consider the same

Ratio / Principle

Writ petition disposed of granting liberty to the petitioner to submit a fresh online application, in terms of the Telangana Bhu Bharati (Record of Rights in Land) Rules, 2025, to respondent No.4 within one week; upon receipt, respondent No.4 shall consider and dispose of the same in accordance with law within a period of four weeks thereafter

Detailed headnote1 paragraphs

Writ petition (Article 226) by Yarakala Lakshmamma, who claims to be the absolute owner and possessor of land admeasuring Ac.0.0425 guntas in Sy.No.505/U/3, Pillala Marri Village, Suryapet Mandal (out of which 280 square yards was acquired for road widening, leaving a balance of 179 square yards), standing in the list of prohibited properties. Her online/dharani application No.2400022081 dated 21.10.2024 to respondent No.2 seeking deletion from the prohibitory list remained unacted upon despite a notice dated 20.01.2025 issued by the Tahsildar (respondent No.4) and her appearance with all relevant documents; she also relied inter alia on a copy of the order in L.A.O.P.No.136 of 2011. During pendency, the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 came into force w.e.f. 14.04.2025 and the Telangana Bhu Bharati (Record of Rights in Land) Rules, 2025 were framed vide G.O.Ms.No.39, under which a fresh online application lies before respondent No.4 as the competent authority. Held: the writ petition is disposed of, granting liberty to the petitioner to submit a fresh online application under the 2025 Rules within one week, and respondent No.4 shall consider and dispose of the same in accordance with law within four weeks thereafter. No order as to costs; miscellaneous petitions closed.

[³¹⁶⁸ I

IN THE HIGH^{COURTFORTHE STATEOF TELANGANA} AT HYDERABAD (Special Original^{Jurisdiction)}

THURSDAY,THE^{SEVENTEENTHDAY OF JULY} TWO THOUSAND^{AND TWENTY FIVE}

PRESENT

THE HONOURABLE^{SRIJUSTICE K.LAKSHMAN}

WRIT PETITION^{NO: 2069 20F 202s}

Between:

Yarakala Lakshmamma,^{W/o Late Yarakala Shankar' Aoed about 55 Vears'} Occ. Housewife,^{R/o pilara 1ilaiii VirLgJ, Srryrpet tr/a'ndi'1,Suryapet District}

...PETITIONER(S)

AND

1 State of Telangana,^{repby its Principal Secretary' Revenue Department} secretariat,^HYderabad.

The District^{Collector, Suryapet District'}

The Revenue^{Divisional Officer, Suryapet District'}

The Tahasildar,^{Suryapet Mandal,suryapetDistrict}

,..RESPONDENTS

Petition under^{Article 226 ol lhe Constitutionof lndia praying that in the} circumstances^{stated in ttre atfiOavit filed therewith' the High Courtmay..be} pi"ri"O to issue^{writ oroer oi direction more particularlyone in. the nature o-f-writ"of} lirnOr.rt^{declaring the inaction of the respondents2 to 4 in consideringthe} Jf,arrni application^{vide applicationNo' 2400022081dated 21'10'2024and not} deleting the^{land to an exient of 179 sq' yds in survey No 505/U/3situated at} pifiri, fr.l"tri Village, Suryapet Mandal, SuryapetDistrict^{fromthe prohibitory listas} uioitrrrv rnO^{iile{al and'vilLtiveof princiflesof naturaljusticeand consequently} Jii""rif," respon-dent^{trto.Zto + to consideithe dharani application videapplication} No.2400022081dated21.1o.2o24anddeletethelandtotheextentof179sq.yds. in-.,|-u"y No.^{505/U/3 Situated at Pillala tr/arri Village, Suryapet[Vlandal, Suryapet} District from the^{prohibitory list}

IA NO :1OF²⁰²⁵

PetitionunderSectionl5lcPCprayingthatinthecircumstancesstatedin theaffidavitfiledinsupportofthepetition,theHighCourtmaybepleasedtodirect if," i"rponOunt^{No 2 io 4 to consider the dharani application vide applicationNo.} )+OOOiZOU dated^{21 .10.2024 and delete the land to the extent of 179 sq.yds' in}

----r.

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;lffJ i;;:fl:iffilffiff.at Pirrara Marri Virrage, suryapet Mandar, suryapet

Counsel for the petitioner: SRl. cUDl MADHUSUDHAN REDDy Counsel for the Respondents: SRI L. RAVINDER AGp FOR REVENUE

The Court made the following: ORDER

THE HON'BLE^{SRI JUSTICEK. LAKSHMAN}

WRIT PE^{TITIONNo.2069 1 of 2025}

ORAL o^RDER:

Heard learned^{counsel for the ' petitioner and} Mr.L.Ravinder,^{learned Assistant GovernmentPleader for} Revenue,^{appearingfor the respondents'}

Petitioner^{is claiming that she was the absoluteowner} and^{possessor of the land admeasuring Ac'0 'O425 guntas in} Sy.No.SOS/U/3,^{situated atPillala Marri Village' Suryapet} Mandal,^{SuryapetDistrict' Out of the said extent' 28O square} yards of land^{was acquired for roadwidening'leavinga balalce} of 179 square^{yards' The subject propertyis listed in the list of} prohibited^{propertiesln supportof her claim' the petitionerhas} filed copies^{of the list of prohibited properties'a notice issued by} the Tahsildar,^{a death certificate'and a copy of the order in} L.A.o.P.No.l36of2oll.Accordingly,shehassubmittedan online application^{bearing No '24OOO22O81'dated 2l 'lO '2024 '} to respondent^{No.2, with a reqrrestto deletethe said property} from the^{list of prohibited properties'Upon receiptof the} application,^{respondentNo'4issued a noticedated 2O'O1'2O25'} directing^{the petitioner to submitall relevant documents and} appear before^{him within five days' According to the petitioner'}

a

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she has appeared before respondent No.4 and submitted all the relevant documents. However, no further action has been taken by respondent No.4. Aggrieved by such inaction, the petitioner has filed the present writ petition.

During the pendency of the said online application, the State has promulgated the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025, which came into force w.e.f., 14.04.2025. The Telangana Bhu Bharati (Record of Rights in Land) Rules, 2025, were also framed vide G.O.Ms.No.39, Revenue (Land Administration_I) Department, dated 74 .O4 .2025. As per the said Rules, the petitioner is required to submit a fresh online application to respondent No.4, who is the competent authorit5r, with a rcquest to delete the subject property from the list of prohibited properties. Upon submission of such an application, respondent No.4 has to consider the same

In light of the above discussion, this writ petition is disposed of, granting libert5r to the petitioner to submit a fresh online application, in terms of the Telangana Bhu Bharati (Record of Rights in Land) Rules, 2025, to respondent No.4, with a request to delete the land to extent of 179 Sq.yards in Sy.No.505/U/3, situated at pillala Marri Village, Suryapet

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3

Mandal,^{SuryapetDistrict, from the list of prohibitedpropertles} within a^{period of one week from the date of receipt of a copy of} this order.^{Upon receiptof the said application' respondentNo 4} shall consider^{and dispose of the samein accordance with 1aw'} within a^{period of fourweeksthereafter'There shallbe no order} as to costs

Miscellaneous^{petitions pending'ifany' shall stand}

closed

"l'ti'1'^'-Y'A:t'EFRRI

//TRUE^COPY//

SECTION^OFFICER

To,

The Principal^{Secretary, Revenue Department secretariat' Hyderabad'}

The District^{Collector, Suryapet District'}

J, The Revenue^{Divisional Officer' Suryapet District'}

4 The Tahasildar,^{Suryapet frilandal'SuryapetDistrict}

E One CC^{to SRl.GUDI IVIADHUSUDHANREDDY AdvocateIOPUCI}

Ct Two CCs to^{GP FOR REVENUE} 'High^{Court fortheState of Telangana'} lourl

7 Two CD^CoPies KKS GJP

HIGH COURT

DATED:1710712025

ORDER

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WP.No.20692 of 2025

DISPOSING THE WRIT PETITION WITHOUT COSTS

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