Disposed

Dr. Mullapati Siva Kumari v. The State of Telangana

Telangana HC24 Feb 2025WP/5364/2025

Case brief

AI extract

What is this about?

Petitioners sought mandamus to set aside a Tahsildar's rejection of a succession application for agricultural land in an Agency area and issuance of a digital pattadar passbook. Noting no pattadar was recorded before 1970 and the land is governed by the Scheduled Areas Land Transfer Regulation, the court directed the District Collector to examine the claims with notice and pass a reasoned order wi

What did the court decide?

District Collector directed to examine succession claims considering the Land Transfer Regulations after notice and decide with reasons within eight weeks; no costs.

Dr. Mullapati Siva Kumari Vs The State of Telangana — Property and Title | Telangana HC (2025)

¶1

[³²⁹⁶ ]

¶2

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

¶3

MONDAY,THE TWENTY FOURTH^{DAY OF FEBRUARY} TWO THOUSAND AND TWENTY^FIVE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE C.V.^{BHASKAR REDDY}

¶6

WRIT PETITION NO:5364 OF 2025

¶7

Between:

¶8

Dr. Multapati Siva Kumari, D/o Sundaramma.Aggd 9g^{years' MBBS-Doctor,} Rl/o Annaiupadu Village, Julurupadu Mandal,^{Bhadradri KothagudemDistrict.}

¶9

Mullapati Sundaramma, W/o Late Mullapati^{Venkateswarlu-, Aged63 years,} Occ.^{'Agriculture,} R/o Annarupadu^{Villdge,JulurupaduMandal,Bhadradri} Kothagudem District.

¶10

Chinnamraju Pushpavathi, W/o Chinnamraju^{Ramaraju,AS-e-d 59 ye-ars,} .Occ. Agriculture, R/o Kcitha Anjanapuram^{Village, SujathanagarlVlandal'Bhadradri} Kothagudem District.

¶11

Chinnam Ramaraju, S/o Chinnam^{PeddaVenkata Subbaraju, Aged65.yea.rs'} Occ, Agriculture,' Fl/o Kotha Anjanapuram^{Village, SujathanagarMandal,} Bhadradri Kothagudem District.

¶12

...PETITIONERS

¶13

AND

¶14

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

¶15

2 The District Collector, Bhadradri Kothagudem^District.

¶16

The Revenue Divisional Officer,^{Kothagudem, Bhadradri KothagudemDistrict.}

¶17

The Tahsildar, Julurupadu Mandal,^{Bhadradri KothagudemDistrict.}

¶18

Mullapati Sathyanarayana^{Raju,S/o Rama Raju, Aged about. 49 years,} Annaiupadu Village,^{julurupaduMandal, Bhadradri KothagudemDistrict.}

¶19

...RESPONDENTS

¶20

Petition under Article 226^{of the Constitutionof lndia prayingthat in the} circumstances stated in the affidavit^{filedtherewith,the High Court maybe} pleased to issue a Writ of Mandamus or any other appropriate^{writ, order, or} direction declaring the rejection order^{issued by the Tahsildar, JulurupaduMandal,} vide Rc. No.B,129112024, dated 12.11.2024,^{as illegal,arbitrary, and contraryto} law, and consequently set aside the^{same, and further direct the District collector,} Bhadradri^,Kothagudem District, to consider^{and dispose of the petitioner's} representation/challenge memo Dated.^{02-01-2025,filedagainstthe said rejection}

¶21

order within a stipulated period, and also direct the District Collector to^process the petitioner's Dharani application bearing e-challan number CSM2300203352, dated 28.12.2023, for succession of the subject land situated in Papakollu^Village, Julurupadu Mandal, Kothagudem Revenue Division, Bhadradri Kothagudem District; and issue the Digital Pattadar Passbook (PPB) in the name of the petitioner no. 1, recognizing her rightful succession to the property and Hon'ble Court

¶22

lA NO: 1 OF 2025

¶23

Petition under Section^'151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may be^pleased to direct the District Collector, Bhadradri Kothagudem District, to consider and dispose of the petitioner's representation/challenge memo Dated. 02-01-2025, filed against the said rejection order within a stipulated^period, and also direct the District Collector to^process the^petitioner's Dharani application bearing e-challan number CSIM2300203352, dated 28.12.2023, for succession of the subject land situatedⁱⁿ Papakollu Village, Julurupadu Mandal, Kothagudem Revenue Division, Bhadradri Kothagudem District, and issue the Digital Pattadar Passbook^(PPB) in the name of the petitioner no. 1, recognizing her rightful succession to the^property and this Hon'ble Court

¶24

lA NO: 2 OF 2025

¶25

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 suspension of rejection order issued by the Tahsildar, Julurupadu Mandal, vide Rc. No. 8129112024, dated 12.11.2024

¶26

Counsel for the Petitioners: SRl. NALLAPU MANIDEEP

¶27

Counsel forthe Respondent Nos.1 to 4: AGP FOR REVENUE

¶28

Counsel forthe Respondent No.S: ---

¶29

The Court made the following: ORDER

¶30

///

¶31

HON'BLE SRI JUSTICE C.V. BHASI{AR REDDY .

¶32

IVRIT PETITI ON No.5364 of2O25 _

¶33

ORDER:

¶34

This Writ Petition is liled seeking the following reliet_ "... to issue a urit of mandamus or anA other appropriate u-trit, order or direction declaring the rejection order rssued by Talsildar, Julurupadu Mandal uide Rc.No.B/ 291/ 2024, dctted. j2.jj.2024 as illegat, arbitrary and cnntrary to law and_ consequently set aside the same and further direct the District Collector, Bhadradri-Kotltagudem District to consider and dispose of the petitioners' representation/ challenge memo, d.ated 02.01.2O25 fled against the said rejection order within a stipulated period and also d.irect tte District Collector to process the petitioners, Dharani Application beaing e_ challa.n No.C5M2300203352, dated 28.j2.2O23 for succession of the subject land situated. in papakollu Village, Julurupadu Mandal, Kothagudem Reuenue Diuision, Bhadradi-Kothagtdem Distict and issue the digital pattadar pass book in the name of petitioner No. l, recognizing her ightful succession to the propertA. . . "

¶35

It is stated that one Mullapati Venkateswarlu, who is the adoptive father of petitioner No. 1, was the owner and possessor of the agricultural land .^{admeasuring Acs.9.OBguntasin} Sy.Nos.332/2 I 1, 328 / S, 522 I t, 323 I 4 and, 32t / 2, situated at Papakoilu Village, Julurupadu Mandal, Kothagudem Revenue Division, Bhadradri-Kothagudem District. It is further stated

¶36

¶37

CVBR, J Wp_5364_2025

¶38

that the name^{of MullapatiVenkateswarlu was recorded as} pattadar in all the^{revenue recordsand pattadar passbook} No.T2713O0^{1 lO27 uide Khata No' 1O92was issuedin his favour} under the^{provisionsof the TelanganaRights in Land and} Pattadar Passbooks^{Act,2O2O(for short'the Act 9 of 2O2O"'lt} is further stated^{that afterthe death of Mullapati Venkateswarlu} and after arriving^{at consensus settlement€unongthe family} members i.e.,^{petitioners with regard to the division of land'} petitioner No.1 had^{submittedonline application' dated} 28.12.2023 seeking^{for grant of succession and consequential} issuance of^{pattadarpass book and whenthe said application} was not considered,^{the petitioners were constrainedto file} W.P.No.32OO6 of^{2024 before this Court and the said writ} petition was^{disposedof directing the respondent authorities} therein to consider^{the said application' It is further stated that} the application^{submitted by petitioner No' 1 was rejected by} respondent^{No.4 uide proceedings Rc'No'B/29 1/ 2024} '^dated 12.11.2024^{on the groundthat there are serious disputesover} the rights of^{the subject propertyas the brotherof Mullapati} Venkateswarlu^{is also claimingrights over the subject property} basing on the^{Will Deed said to have been executed by his} father

¶39

CVBR, J Wp 536/..2025

¶40

¶41

¶42

Considered the submissions of the learned counsel appearing for the petiLioners; Sri L.Ravinder, iearned Assistant Government Pleader for Revenue, appearing for respondent Nos. 1 to 4 and with their consent this writ petition is disposed of at the admission stage. In view of the nature of relief sought lor in this writ petilion, issuance of notice to respondent No.5 is dispensed with.

¶43

A careful reading of the impugned order would reveal that the name of pattadar i.e., . Muliapati Venkateswarlu or his forefather's names are not recorded as pattadar in the pahanies prior to 1970 and since the subject land is situated in Agency Area the same is governed by the Telangana Scheduled areas Land Transfer Regulation, 1970.

¶44

In view of the above and since it is stated by the learned counsel for the petitioners that aggrieved by the orders passed by respondent No.4 rejecting to issue e-pattadar pass book, the petitioners said to have fi1ed a representation/ appeai before respondent No.2, dated O2.O2.2OLS, this Court is of the opinion that the ends of justice would be met if respondent No.2 is directed to examine the claim of the petitioners duiy taking into consideration of the Telangana Scheduled Areas Land Transfer

¶45

¶46

CVBR, J Wp_5364 2025

¶47

Regulations after^{issuingnoticeto all the interested persons and} if the petitioners^{are eligible for issuance of e-pattadarpass} book consider^{their case and in any event, if the petitionersare} not entitled for^{grant of successionand consequentialissuance} of pattadar^{pass book, respondent No.2 shall pass a reasoned} order in accordance^{with the provisionsof the Act 9 of 2O2Oand} communicate the same^{to the petitioner, withina period of eight} (O8) weeks from the date^{of receipt of a copy of this order'}

¶48