Telangana High Court

WP/27981/2025 of Kondam Bojamma Vs State of Telangana, on 16 September 2025

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 27981 OF 2025 Between: '1. Kondam Bojamma, Wo late Kondam Muthenna, aged

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE K.LAKSHMAN

WRIT PETITION NO: 27981 OF 2025

Between:

'1. Kondam Bojamma, Wo late Kondam Muthenna, aged about 75 years, Occ.

Homemaker, R/o H.No. '1-41, Deekampally, Donkeshwar lVlandal, Nizamabad District503213.

2. Kondam Sailu, S/o late Kondam [\4uthenna, aged about 49 years, Occ.

Agriculture, R/o H.No. 1-41l'l , Deekampally, Donkeshwar lVlandal, Nizamabad District-5032'1 3.

3. Kondam Mahender, S/o late Kondam Muthenna, aged about 44 years, Occ.

Agriculture, R/o H.No. 1-4111, Deekampally, Donkeshwar Mandal, Nizamabad District-503213

4. Kondam Bhojaram, S/o late Kondam Muthenna, aged about 42 years, Occ.

Agriculture, R/o H.No, 3-4211 , Deekampally, Donkeshwar Mandal, Nizamabad Diskict-5032.13

..PET'r.NERS

AND

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1. State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

2. The District Collector, Nizamabad.

3. The Revenue Divrsional Officer, Armoor, Nizamabad District.

4. The Tahsildar, Donkeshwar Mandal, Nizamabad District. ...RESPONDENTS 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 any appropriate Writ, Order or direction more in the nature of Writ of Mandamus.

(a) To direct the Respondents more particularly Respondent No.4 to complete the exercise initiated by him vide Notice No.B/34012025 daled Nil-06-2025 (signed on 23-6-2025) under Section 7 of Bhu Bharati (Record of Rights in Land) Act.2025 R/w Rule 7 of Telangana Bhu Bharati (Record of Rights in Land) Rules 2025 for issuance of succession proceedings and mutation of name of the Petitioner No.1 in the revenue records in respect of the land in Sy. No. 203lBl3 extent Ac. 1 -23 guntas situated at Thondakur village Shivar, Donkeshwar [Vlandal, Nizamabad District in respect of which her husband late Kondam Muthenna was pattadar and favour of the Petitioner No.1 . and

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(b) To declare the inaction on the part of the Respondent No.4 in completing the exercise initiated by him vide Notice No.B/34012025 dated Nil-06-2025 (signed on- 23-6-2025) under Section 7 of Bhu Bharati (Record of Rights in Land) Ac|,2025 R/w Rule 7 of Telangana Bhu Bharati (Record of F_lghts in Land) Rules 2025 for issuance of succession proceedings and mutation of name of the Petitioner No.1 in the revenue re,rords in respect of Iand in Sy.No. 203/8/3 extent Ac. 1-23 guntas situated at Thonclakur village Shivar, Donkeshwar Mandal. Nizamabad Distrtct in respect of which her husband late Kondam Muthenna was Pattadar and favour of Petitioner No.1 as successor of late Kondam [Vluthenna is nothing but arbitrary, illegal, :nlustified, indefensible, violative of Article -14 of Constitution of lndia and contrary to the provisions of Bhu Bharati (Record of Rights in Land) Act, 2025 Rlw Rule 7 of Telangana Bhu Bharati (Record of Rights in Land) Rules 2025 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated rn the affidavit filed in support of the petition, the High Couft may be pleased to direct the Respondents more particularly Respondent No.4 to complete the exercise rnitiated by him vide Notice No B/34012025 dated Nil-06-2025 (signed on 23-6-2025) under Section 7 of Bhu Eharati (Record of Rights in Land) Acl. 2025 R/w Rule 7 of Telangana Bhu Bharati (Record of Rights in Land) Rules 2025 for issuance of succession proceedings and mutation of in the name of Petitioner No.1 in the revenue records in respect of the land in Sy.No. 2O3lBl3 extent Ac. 1- 23 guntas situated at Thondakur village Shivar, Donkeshwar Mandal, Nizamabad District in respect of which her husband late Kondam Muthenna was pattadar and favour of the Petitioner pending disposal of the above Writ Petition Counsel for the Petitioner: SRI V. ROHITH Counsel for the Respondents: SRI L. RAVINDER, AGP FOR REVENUE The Court made the following: ORDER

TTI T' IIONOUII.A BI,I] SRI JUSI'I CIi K. I,A KS TI]\{AN OR,\I, ORI)F]R: I{eard learnccl counscl tbr the petitiorlcrs and Mr. L. ltavinrler'. leurnccl Assistarrt (iovcmment Pleader fbr Revcnue appcarin_u fbr thc resl-rondents.

2. Accorrlins kr the pctitioners, petitioner No. l's husband ancl petitioncr Nos.? to 4's tathcr, Iatc Sri Kondanr Muthcrua. was thc absolut(] o$'ner ancl possessor of land aclmeasuring Ac.l-23 guntas in Sy. No.203/[]/3. situatcd at Thondakur Vitlage, Donkeshw'ar N4andal, Nizarnabad District. Ile passed away in thc ycar 20 17. Alicr his cleath, the petitioners succeeded the said propcrty. The1, submitte<l an application bearing No.11160240054, dateci I6.06.2025. to rcspondcnt No.4, with a request to issLre successlon antl nrutation ploccedings in respect of the albresaid properly. Upon receipt ot' the said application, respondent No..l issuccl a notice datecl 21.0(r.2025 to the pctitioners, reclLresting thcrn to subn-rit all lelevant documents within seven days. The petitioners appeared belore respondent No.4 and submitted all thc recluiretl documcnts. [ivcn tlien, respondent No.4 is no1 completing the I I Wl{lT PIITITION No.279ttl ol' 2025

enquiry and jssuinll ntutation and succession procecclings in their lavour in respcct ol the said property. Aggricved by the said inactiort ot'rc:ponclcnt No.-1. the prcsent u,rit pctition is filed i. Wltcrc.rs. thc lcarncd r\ssistant Covernnretrt Plcadcr tbr Revertue has protlucctl rvrilten instructions ol rcsltondent No.4, u,licrcin il is state({ that, as per thc Khasra Paha i for thc year 1954 -55 atttl othcr Pahanics. the llanlcs of varrtrus persons are recor(led in rcspccl o1'thc altrresaid prope[y. IIorrer cr, l-espondent No.4 rvill consitlcr thc said aspcct and dispose ol'the application clatcd l(r.{)(r.l()15 subrrritteci hv the petitioners in accordance with larr.

4. l'hough the petitioners arc claiming that thcil husband and f-athcr. rc.pcctirc11,. uas the absolute ou,ner and possessor ol thc albresaid laurl adnreasuring Ac. 1-23 guntas in Sy. No.203/Bi3, situated rrt .l hondakr-rr ViIlagr:, Donkcshwar Mandal, Nizamabad District, ther have not fllccl anli document, inclLrding old or latest ycar 20 17. tlrcy approachcd rerspondent No.4 onl) or1 16.06.2025. Therc is no cxl"rlanatiorr, ruuch less a plausible erplanation, tiom the pctitioncrs regarding the saicl delay. I Iou'evcr', having issued \ \ passbooks ol latc Sri Kondarn Muthenna. Although he dicd in the the notice dated 23.06.2025, rcspondent No.4 ought to have considelcd and clisposcd ol the representation dated l(r.06.202,5 subnritted by the petitioncrs in acconlance with law. -5. [n the lieht of the a{trresaid cliscussion, the rvrit petition is drsposcd ot, dirccting rcspondcnt No.4 to conrplete thc enc1uir1, pulsuant to the notice datcd 2i.0(r.2025, consider the application bcarins No. I I I (102400-54, dated l(r.06.2025. sr-rbnritterl by the petitioners. and pass appropriate orders strictly in accordancc ."vith lau, by putting thc pctitioncrs and all aflcctcd partics on notice and al-[ording thcnr an opportunity. Ilresponclent No.4 is not inclincd to accept thc request rnacle by the petitioncrs, hc shall pass orulers assignin-q spccific reiisons antl ct'rntrrunicate a copy o1'the sanre to the petitioners. l{e shall complete the entirc exercise within a period of thirty (30) days from the date olreceipt ola copy ol'this ortle'r'. 'lherc shall be no orcler as to costs. r\s a seqtrel, miscellancous petitions pending, if any, shall stand closctl. SD/.A. SRINIVASA REDDY ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

1. The Principal Secretary, Revenue Department, Secretariat, T.S.,Hyderabad r:' The District Collector. T.S..Nizamabad. rai To, IG I I

I The Revenue Divisronal Otficer, Armr-ror, Nizamabad Distrrct. The Tahsildar, Donkeshwar Mandal, Nizamabad District, One CC to SRl. V. ROHITH, Advocate [OPUC] Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies BM BS w /

HIGH COURT DATED:16t0912025 E SIrl (( O5.SPATC"T \ \

r, I rt1 ?0ffi oi)

ORDER

WP.No.27981 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS i 10 c"e \5sve /a^.\ \ d-

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