Polagani Lakshmaiah Vs The State of Telangana

Polagani Lakshmaiah, S/o: l,4attaiah, Aged about 45 Yrs, Occ: Agriculture R/o Gajalapuram Village, Ir,4adgulapalli lt/landal, Nalgonda District Telagnana State

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.,.PETITIONER

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AND

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1 The State of Telangana, Rep by its Chief Secretary, Revenue Department, DR BR Ambedkar Telangan Secretariat Hyderabad

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2 The Chief Commissioner of Land Administration State of Telangana, Nampally Road, Hyderabad

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J The District Collector, Nalgonda District Telangana State

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4 The Revenue Divisional Officer, tt4iryalguda Division, Nalgonda District, Telangana State

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The Tahsildar, Madgulapalli It,4andal, Nalgonda District Telangna State

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6 Jakka Bhadramma, W/o Late Ramachandraiah Aged about 69 Yrs, Occ Agriculture Rl/o Gajalapuram Village, tt/ladugulapally Mandal, Nalgonda 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 affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Wrjt of Mandamus declaring the action of the respondent No.3 to 5 in not considering the petitioner's applications dt.04.06.2025 (28150200002) and dt.01,09.2025 for mutating the name of the petitioner with regard to land in Sy.No.0.18 gts in Sy.No.3/4 which situated at Gajalapuram Village, Madugulapally ft/andal, Nalgonda District is illegal, arbitrary, u nco nstitutional and against the

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fundamental rights guaranteed under Article^'14, 16. 21 of the Constitution of lndia and consequently direct the 3rd respondent to mutate the name of the petitioner in online Bhu Bharathi Portal pursuant to the No.28150200002, d1.O4.O6.2025 dt.01.09.2025 with regard to land in Sy,No.3/4 which situated at Gajalapuram Village, Madugulapally Mandal, Nalgonda District

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fA NO: 1 OF 2025

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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 pleased to direct the 3rd respondent to mutate the name of the^petitioner in online Bhu Bharathi Portal pursuant to the application No.28150200002, dt. 04.06.2025, dt.01.09.2025 with regard to land in Sy.No.3/4 which situated at Gajalapuram Village, Madugulapally Mandal, Nalgonda District, pending disposal of the writ petition

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Counsel for the Petitioner: SRI N. SREENIVASA YADAV

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Counsel for the Respondent Nos.1 to 5: SRI L. RAVINDER. AGP FOR REVENUE

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Counsel for the Respondent No.6:--

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The Court made the following: ORDER

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TIIE HONOURABI,E SRI JUSTICE K. LAKSHMAN

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\IRIT PETITION No.30l7l of 2025

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ORAI, ORDER:

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Heard leamed counsel for the petitioner and Mr.L.Ravinder, leamed Assistant Govemment Pleader for Revenue appearing on behalfofrespondent Nos.l to 5.

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Petitioner herein is claiming that he is the absolute owner and possessor of the land admeasuring Ac.O.l8 guntas in Sy.No.3, situated at Gajalapuram Village, Madgulapalli Mandal, Nalgonda District, under a sada bainama, datcd 20.08.1987, executed by Jakka Ramachandraiah, original assignee of the said land. He has submitted application bearing No.28 150200002, dated 04.06.2025 to respondent No.5 with a request to mutate his name and issue e-pattadar passbook in respect olthe subject property. He has also submitted another application vide Registration No.NLGDC/E/2025/05387, dated 0l .09.2025 to respondent No.5 with a similar request. Despite receiving and acknowledging the said applications, respondent No.5 did not act upon the same. Aggrieved by the said inaction of respondent No.5, the petitioner filed the present writ petition.

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i. Perusal of the record would reveal that respondent No.6 has filed a writ petition vide W.P.No.20518 ol 2025 to declare theaction ol respondenl Nos.2 to 4 therein in not considering the representation dated 01.05.2025 submitted by her with a request to mutate her name and issue e-pattadar passbook in respect of the land admeasuring Ac.0.18 guntas tn Sy.No.3/4, situated at Gajalapuram Village, Madugulapally Mandal, Nalgonda District Vide order dated 16.07.2025, this Court disposed of the writ petition granting liberty to the petitioner to submit online application in terms of the Telangana Bhu Bharathi (Record of Rights in Land) Rules, 2025 before the competent authority and on filing such application, competent authority shall consider the same and dispose it of in accordance with law.

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As discussed supra, though the petitioner is claiming right over the aforesaid property, basing on the sada bainama, dated 20.08.1987, he has not filed regularization proceedings obtained by hirn under Section 5(A) of the ROR Act, l97l and also 13 (B) proceedings. He has not obtained old pattadar passbooks or pahanies. The aforesaid sada bainama is dated 20.08.1987. He has submitted application only on 04.06.2025 and 0l .09.2025 with a

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request to mutate his name and issue e-pattadar passbook. Thus, there is abnormai delay. There is no explanation, much less the plausible explanation for the aforesaid abnormal delay by the petitioner herein. However, it is for respondent No.4 to consider the aforesaid representations submitted by the petitioner during prajavani and revenue sadassulu and dispose of in accordance with law, by putting the petitioner and respondent No.6 on notice and affording them an opportunity.

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In the light of the said discussion, notice to respondent No.6 is dispensed with. Accordingly, this Writ Petition is disposed of directing respondent No.5 to consider the applications uirle bearing No.28150200002, dated 04.06.2025 and Registration No.NLGDC/E12025105387, dared 01.09.2025 submitted by the petitioner during revenue sadassulu and prajavani and pass orders strictly in accordance with law by putting the petitioner and respondent No.6 on notice and afford them an opportunity. He shall also consider the online application, if any, submitted by respondent No.6 in compliance with order dated 16.07.2025 in W.P.No.20518 of 2025.

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.-

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4

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As a sequcl, miscellaneous petitions pending, if any, shall

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stancl closed.^'Ihere shall be no order as to costs.

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SD/. A.JAYASREE ASSISTANT REGISTRAR

,TRUE COPY//

ECTION OFFICER

To,

The Chief Secretary, The State of Telangana, Revenue Department, DR BR Ambedkar Telangan Secretariat Hyderabad

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The Chief Commissioner of Land Administration State of Telangana, Nampally Road, Hyderabad

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The District Collector, Nalgonda District Telangana State

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The Revenue Divisional Officer, Miryalguda Division, Nalgonda District, Telangana State

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The Tahsildar, l,4adgulapalli Mandal, Nalgonda District Telangna State

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One CC to Sri N. Sreenivasa Yadav, Advocate [OPUC]

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Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT]

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B. Two CD Copies

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Along with the copy of W.P 20518/2025 Dt.16-07-2025

TJ TKS MYIT

HIGH COURT

DATED:0611012025

ORDER

WP.No.3O171 of 2025

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DISPOS!NGN OF THE WRIT PETITION

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WITHOUT COSTS

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fr,vr-,r ,T''f^-

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THE HONOURABLE SRI JUSTICE K. LAKSHMAN

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WRIT PETITION No.2O518 OF 2025

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ORDER:

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Heard Sri Rapolu Bhaskar, learned counsel for the petitioner and Ms. T.Swecha, Iearned Assistant Government Pleader for Revenue appearing for the respondents.

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Petitioner is claiming that she is the absolute owner and possessor of land admeasuring Acs. 0.18 guntas in Survey No.3/4, situated at Gajalapuram Village, Madugulapally Mandal, Nalgonda District (for short, 'the subject property). According to her, it is assigned to her husband under landless poor quota. In proof of the same, she has filed copies of pahanies for some years. After the death of petitioner's husband, petitioner succeeded the subject propert5r. She has submitted written representation dated 01.05.2025 to the 2.d respondent with a request to mutate her name and issue the pattadar passbook, Despite receiving and acknowledging the said written representation, 2.,d respondent did not act upon the same. Aggrieved by the said inaction of 2'd respondent, petitioner filed the present writ petition.

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It is apt to note that State has promulgated the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025. It

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came into effect from 14.04.2025. Government has also framed the Telangana Bhu Bharati (Record of Rights in Land) Rules, 2025 uide G.O.Ms.No.39, Revenue (Land Administration-I) Department dated 14.04.2025. As per the said Rules and Schedule-A of the said Rules, petitioner has to submit online application to the competent authority and it is for the said competent authority to consider the same

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In the light of the said submission, this Writ Petition is disposed of granting liberty to the petitioner to submit online application in terms of the Telangana Bhu Bharati (Record of Rights in Land) Rules, 2025 before the competent authorit5r and on filing such application, competent authorit5r shall consider the same and dispose it of in accordance with law within 60 days from the date of receipt of the application.

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Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

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K. LAKSHMAN, J

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Date: 16.07.2025 KL

Polagani Lakshmaiah v. The State of Telangana

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Polagani Lakshmaiah v. The State of Telangana

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