Nallavolu Sudershan Reddy Vs The State of Telangana

¶1

[^32e6 ]

¶2

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

¶3

FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY^FIVE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE C.V.^BHASKARREDDY

¶6

WRlT PETITION NO: 2798 OF²⁰²⁵

¶7

Between:

¶8

Nallavolu Sudershan Reddy, S/o.^{Yella Reddy, Aged about 70 Years, Occ.} Agriculture, Fl/o. H.No.6-93,^{Mohabathnagar,Kandukuru,[Vlaheshwaram} Mandal, Ranga Reddy District.

¶9

Nallavolu Yadagiri Reddy, S/o.^{Yella Reddy,Aged about64- Ye4rs, Occ.} Agriculture, Fyo. H.No.6-93, Mohabathnagar,^{Kandukuru,Mahethwaram} Mandal, Ranga Reddy District.

¶10

Nallavolu Satyanarayan Reddy,^{S/o. YellaReddy,Aged about61 Years, Occ.} Agriculture, Ryo. H.No:O-93,- Mohabathnagar,^{Kandukuru,Maheshwaram} Mandal, Ranga Reddy District.

¶11

.....PETITIONERS

¶12

AND

¶13

The State of Telangana, Rep.^{by its Principal Secretary, Revenue} Department, Secretariat Building, Secretariat,^Hyderabad.

¶14

The District Collector, Ranga^{Reddy, RangaReddy District.}

¶15

The Revenue Divisional Officer,^{Kandukuru Division, Ranga Reddy District.}

¶16

The Tahsildar, lvlaheshwaram^{Mandal, Ranga Reddy District.}

¶17

.....RESPONDENTS

¶18

Petition Under Article 226 ot the^{Constitutionof lndia praying that in the} circumstances stated in the^{affidavit filed therewith, the High Court may be} pleased to issue an appropriate writ, order or^{direction more particularlyone in} the nature of writ of [vandamus^{declaringthe actionof the Respondent Nos.2 to} 4 in non-considering the On-line application^{of the Petitionerthrough videNo.} 2300061067, daled 22.06.2023 and^{non-initiating to mutate the names of the} Petitioners in all revenue records on^{their cultivatingland to an extent of Ac. 0.23} Gts in Survey No.37lA1, an extent^{of land Ac.0.04 Gts in Survey No.62lRul, an}

¶19

extent of land Ac.0.06 Gts in Survey No.63/A, totaling to an extent of Ac.0.33 Gts which is situated et lVlohabathnagar Village, N/aheshwaram It4andal, Ranga Reddy District under the Fouthy lzafa and non-initiating to issue the E-Pattadar Passbooks to the Pertitioners is illegal, arbitrary, unconstitutio na I and violation of Articles 14, 15,21 and 300-4 of Constitution of lndia and also violation of Principles of Natural Justice and consequently direct the Respondent Nos.2 to 4 to consider the Ctn-line application of the Petitioner through vide No. 2300061067, dated 22.06.2023 and mutate the names of the Petitioners in all revenue records unc,er the succession and issue the E-Pattadar passbooks the Petitioners.

¶20

|.A.NO:1 OF 2025

¶21

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be p6ased to direct the Respondernt Nos.2 to 4 td consider the On-line application of the Petitioner through vide No. 230006'1067, dated 22.O6.2023 and mutate the names of the Petitioners in all revenue records under the succession and issue the E-Pattadar Passbooks the Petitioners pending disposal of the wit petition.

¶22

Counsel for the Petitioners : SRI RAPOLU BHASKAR

¶23

Counsel forthe Respondents : SRI L.RAVINDER, AGp FOR REVENUE The Court made the following ORDER

¶24

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

¶25

WRIT PETITION No.2798 of2o25 ,

¶26

ORDER:

¶27

This writ petition is filed^{seeking to declare the action of} respondent Nos.2 to 4 in^{not considering the online applicationof the} petitioners and not initiating^{to mutate the namesof the petitioners} in the revenue records and^{not issuing e-pattadarpassbooksto the} petitioners in respect of land^{admeasuring Ac.O'23gts',in} Sy.No.37/A1, Ac.O.04^{gts., inSy.No.62lRu1,Ac'O'O6gts',..i4} Sy.No.63/A, total admeasuring^{Ac.0.33 gts.,situated at} Mohabathnagar Village,^{MaheshwaramMandal, Ranga Reddy} District, as illegal and arbitrary^{and for otherappropriate reliefs'}

¶28

Considered the submissions^{of the learned counselfor the} respective parties and^{perused the record.}

¶29

lt is stated that the^{petitioners' father was the absolute owner} and possessor of the^{agriculturalland admeasuring Ac'O23 gts', in} Sy.No.37lA1, Ac.0.O4^{gts., inSy.No'62/Ru1,Ac'O'06 gts',in} Sy.No.63/A, total admeasuring^{Ac.0.33 gts', situated at} Mohabathnagar Village,^{MaheshwaramMandal, Ranga Reddy} District and the revenue authorities^{have also recordedhis name in} all the revenue records^{and pattadarpassbooksand title deeds were} also issge$in respect^{of the said property'The case of the petitioners}

I

2

CVBR, J wp_2798_2025

is that they a.re siblings and after the death of their father, they have made an zrpplication bearing No.230006106?', dated 22.06.2023 seeking for grant of Pouthi Izafa (succession) and <:onsequential issuance of F,attadar passbooks in respect of the subject property as per the provisions of the Teiangana Rights in Land rLnd Pattadar Passbooks ,\t:t, 2O2O (for short, 'ROR Act, 2O2O), bu! the same is not considered so far. Hence, the present writ petition.

¶34

karnerl Assrstant Government Pleader Ibr Revenue has not disputed the submission of the online application by the petitioners for sanction of Pouthi Izafa (succession) and consequen tial issuance of pattadar pzrssbooks in respect of the subject property.

¶35

As per Section 6 of the Telangana Rights in Land and^pattadar Passbooks Act,2O2O, any person or persons who acquire rights over land through succession, survivorship, inheritance an<l seeking to effect change in Record of Rights, after arriving at consensus among all the legal heirs on the manner of division of the land among themselves, shall make an application, enclosing the joirLt agreement specifying inclividual shares, for change of record of rights to the Tahsildar through the website prescribed for this purpose.

¶36

Since it is the case of the petitioners that they are siblings and they have entered into Joint settlement deed for diving r:he property

¶37

3

¶38

C\TBR, J wpj2?98 2025

¶39

of their father and they have also made an application for grant of Pouthi Izafa (succession) and consequential issuance of pattadar passbooks in respect of the subject propert5r, this Court without going into merits of the case, deems it appropriate to dispose of the writ petition directing the respondents to examine the application submitted by the petitioners bearing No.2300061067, dated 22.06.202.3 and if they fulhll all the requirements mentioned in CCLA's circular No.1 of 2021, dated lS.O1.2O2I and Circular No.1 of 2024, dated 28.02.2024 and if they are found otherwise eligible, t[e respondents shall consider the same and pass a reasoned. order in accordance with law and communicate the same to the petitioners, within a period of eight (08) weeks from the date of receipt of the application.

¶40

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

¶41

As a sequel, the miscellaneous petitions, if any, pending in this writ petition shall stand closed.

¶42

SD/. L. LAKSHMI BABU ASSIS ANT REGISTRAR

¶43

//TRUE COPY//

¶44

E TION OFFICER

¶45