Durgampudi Sambi Reddy & Ors. vs Babburi Srinivas & Ors.

Mr. Madas Bharath Chandra, learned counsel for the appellants.

Mr. M.A.K. Mukheed, learned counsel for respondent No.1.

Mr. Muralidhar Reddy Katram, learned Government Pleader for Revenue, appears for respondent Nos.2 to 5

The appellants have sought leave to challenge the order dated 05.05.2026 passed in W.P.No.15856 of 2026 instituted by respondent No.1/writ petitioner alleging inaction of the revenue authorities, respondent Nos.2 to 4 therein, in mutating their names and issuing pattadar pass book in respect of the land measuring Acs.7.30 guntas in Sy.No.5/Aa and Acs.4.28 guntas in Sy.No.13/Aa totalling to Acs.12.18 guntas situated at Inamguda Village, Abdullapurmet Mandal, Ranga Reddy District. The appellants contend that all of them have derived title from the writ petitioner through his subsequent vendors through registered sale deeds executed in the year 1992 and subsequent sale deeds as are described under paragraphs 9(a) to (h), and have constructed residential houses after investing substantial amount, obtained electricity service connection and have been paying property tax and other statutory levies being in possession thereof from the dates of respective purchases. The writ petitioner without impleading the appellants has sought a direction upon the revenue authorities to mutate his name and issue pattadar pass book in respect of the subject land. The claim of the appellants is in respect of the land measuring Acs.3.35 guntas out of Acs.7.30 guntas comprised in Sy.No.5/Aa which originally fall to the share of Babburi Narsimah Goud pursuant to the family partition and subsequent registered partition deed bearing No.6713 of 1992.

The learned writ Court while disposing of the writ petition at the admission stage directed respondent Nos.3 and 4 therein to consider the petitioner's online application dated 16.03.2026 for mutation and issuance of pattadar pass book in respect of the land measuring Acs.7.30 guntas in Sy.No.5/Aa and Acs.4.28 guntas in Sy.No.13/Aa totalling to Acs.12.18 guntas situated at Inamguda Village, Abdullapurmet Mandal, Ranga Reddy District in accordance with law by issuing notice to the petitioner and respondent Nos.5 to 8 therein and giving them an opportunity of hearing within a period of 45 days from the date of receipt of a copy of the order. It is submitted that respondent Nos.5 to 8 therein have pursued litigation against the writ petitioner and his mother in O.S.No.146 of 2013 which however was lost up to the Hon'ble Apex Court. The appellants however derive the title from the writ petitioner from his subsequent vendors through registered sale deeds. Therefore, the writ petitioner ought to have impleaded the appellants in the writ petition before seeking any such relief, otherwise, the interest of the appellants would be substantially and vitally affected by the impugned direction granted by the learned writ Court. Therefore, interference is called for.

Learned counsel for the writ petitioner submits that the impugned direction is innocuous in nature. It can be modified and extended to the notice to the appellants also. The appellants could be in a position to place their case before the revenue authorities on the online application made by the petitioner for mutation and issuance of pattadar pass book. Therefore, non-impleadment of the appellants in the writ petition could not vitiate the impugned order.

Learned Government Pleader for Revenue submits that under the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025 (for short, “the Act”), specifically, Section 5(9) any person who intends to transfer or obtain an interest in non-agricultural or abadi land by way of sale, gift, mortgage, exchange and partition shall get the document registered with the Sub-Registrar as per the Registration Act, 1908 and the mutation in record of rights for such lands shall be done as per the provisions contained in the Telangana Panchayat Raj Act, 2018, the Telangana Municipalities Act, 2019 and the Greater Hyderabad Municipal Corporation Act, 1955. The appellants should have taken such recourse if they claim devolution of title by registered sale deeds. He further submits that Section 8 of the Act provides for the procedure to be followed on an application seeking mutation before the Revenue Divisional Officer. Under Sub-section (3) thereof, the Revenue Divisional Officer before carrying out any amendment in the record of rights under sub-section (2) shall issue a notice in writing to all the persons whose names are entered in the records of rights and who are interested in or affected by the amendment and to any other persons whom he has reason to believe to be interested therein or affected thereby to show cause within the period specified therein as to why the amendment should not be carried out. Therefore, if the impugned direction is modified and the relevant provision of the Act is carried out in letter and spirit, the grievance of the appellants would also be redressed.

We have heard learned counsel for the parties and considered the facts and circumstances noted above.

In the nature of the challenge made by the appellants/leave applicants to the impugned direction referred to hereinabove, upon consideration of the aforesaid facts and circumstances and the provisions of the Act, the claim set up by the appellants based on registered sale deeds said to be executed by the vendors of the writ petitioner over a period of time, we are of the view that the interest of the appellants would be protected if notice is issued to the appellants to file objections and to place their claim before the official respondents on the online application of the writ petitioner for mutation and issuance of pattadar pass book in respect of the subject land.

Therefore, we are inclined to modify the impugned direction passed by the learned writ Court by directing the official respondents to issue notice to the appellants to file objections and follow the procedure as prescribed under the relevant provisions of the Act while considering the online application of the writ petitioner for mutation and issuance of pattadar pass book in respect of the subject land. Needless to say, upon consideration of the objections filed by the affected parties including the appellants, the official respondents shall take a decision in accordance with law expeditiously preferably within a period of six (6) months from the date of receipt of a copy of this order. The impugned direction is accordingly modified.

Accordingly, I.A.No.1 of 2026 is allowed and the writ appeal is disposed of. There shall be no order as to costs.

Miscellaneous applications, if any pending, shall stand closed.