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2025 DIGILAW 504 (TS)

K. v. Krishnam Raju VS State of Andhra Pradesh Department of Revenue

2025-04-30

C.V.BHASKAR REDDY

body2025
ORDER : C.V.BHASKAR REDDY, J. This writ petition is filed questioning the order dated 02.12.2006 passed by the Joint Collector-II, Ranga Reddy District in Case No.D5/3704/2006 exercising the powers under Section 9 of the Telangana Rights in Land Records and Pattadar Pass Book Act, 1971 and Rules made thereunder. 2. It is stated that the petitioners have jointly purchased the land admeasuring Ac.1.25 guntas in Sy.No.77 (part) situated at Hafeezpet Village, Serilingampally Mandal, Ranga Reddy District, under a registered sale deed dated 02.07.1992. It is stated that their vendors are legal heirs of late one Smt.Nizammunnisa Begum, who was shown as Defendant No.47 in C.S.No.14 of 1958 and she was one of the share holders in the preliminary decree dated 28.06.1993 and that this Court allotted the subject property to Smt.Nizammunnisa Begum and the Receiver-cum- Commissioner appointed in C.S.No.14 of 1958 as well as the District Collector were directed to hand over the possession of the subject property after proper survey and demarcation, and accordingly, survey was done and possession was handed over to the vendors of the petitioners. It is stated that the petitioners have made an application for mutation of their names in the revenue record and the names of the petitioners were mutated in the revenue records vide proceedings No.B/470/2005, dated 17.01.2006 in respect of the subject property, subject to the proceedings under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 and the Andhra Pradesh (Ceiling on Agricultural Holdings) Act, 1973. It is stated that the Joint Collector-II, Ranga Reddy District, suo moto invoked his power under Section 9 of the ROR Act, 1971 and vide order dated 02.12.2006 in Case No.D5/3700/2006 set aside the proceedings No.B/470/2005, dated 17.01.2006 issued by Tahsildhar on the ground that the subject land is not shown as agricultural land and there was no sub division and that there was no determination of surplus land under the provisions of Urban Land (Ceiling and Regulation) Act, 1976. The Join-Collector-II has further observed that the vendors of the petitioners are the decree holders, who have not filed any declaration under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 and unless, the subject property of C.S.No.14 of 1958 is computed under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976, the petitioners are not entitled for issuance of pattadar passbooks and mutation of their names in revenue records under the provisions of ROR Act, 1971 and Rules made thereunder. The grievance of the petitioners is that the Joint Collector-II has erroneously set aside the order passed by the Tahsildar for mutation of the petitioners’ names in revenue record and therefore, prays for setting aside the impugned order. 3. Considered the submissions of the learned counsel for the respective parties and perused the record. 4. Learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that since the property was claimed as part of the decree in C.S.No.14 of 1958, the decree holders are liable to file an appropriate application before appropriate forum for declaration of the same under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976. It is further submitted that pending adjudication of the orders, the Government has passed resolution adopting Act 15 of 1999, the Government issued G.O.Ms.No.603, Revenue (UC.I) Department, dated 22.04.2005 stating that Urban Land (Ceiling and Regulation) Act has been repealed with effect from 27.03.2008. 5. Since the claim of the petitioners was rejected on the ground that there was no determination of surplus land under the provisions of Urban Land (Ceiling and Regulation) Act, 1976 and since the very said Act was repealed, the ends of justice of would met, if the impugned order 02.12.2006 passed in Case No.D5/3704/2006 is set aside and the matter is remanded back to respondent No.3 for fresh consideration. Further, the petitioners are permitted to make appropriate application for issuance of pattadar passbook in Bhu Bharati Portal under the provisions of the Telangana Bhu Bharati (Record of Rights in Land) Act, 2024 (Act No.1 of 2025). In the event of the petitioners making such an application and if the petitioners fulfil the criteria laid down in the said Bhu Bharathi Portal, the respondents are directed to examine and decide the same in accordance with law. In the event of the petitioners making such an application and if the petitioners fulfil the criteria laid down in the said Bhu Bharathi Portal, the respondents are directed to examine and decide the same in accordance with law. If the petitioners are not entitled for issuance of pattadar passbook, the respondent authorities are directed to pass a reasoned order and communicate the same to the petitioner. The entire exercise shall be completed within a period of three (03) months from the date of receipt of the petitioners’ application. 6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. 7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.