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Judgment
Heard learned counsel for the petitioner, learned Government Pleader for Revenue appearing for respondent Nos.1 to 4. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself.
The brief facts of the case are that the petitioner claims to be the legal heir of late Hayavadana Chari and asserts that he and his siblings are in peaceful possession and enjoyment of agricultural land in Survey No.505, admeasuring Ac.11-17 guntas, situated at Ieeja Village, Ieeja Mandal, Jogulamba Gadwal District. The petitioner states that the said lands devolved upon him and his siblings by succession after the demise of their father in the year 1983 and that they have been in continuous possession and enjoyment of the same. It is stated that the petitioner and his siblings had submitted a succession application bearing No.2500424386 before the Tahsildar, Ieeja, on 06.07.2025 and, as the same was not acted upon, the petitioner approached this Court by filing W.P.No.37648 of 2025, wherein this Court directed the authorities to consider the said application and pass appropriate orders in accordance with law. Pursuant thereto, the Revenue Divisional Officer is stated to have rejected the said application, which was reflected on the online portal, without communicating the reasons for such rejection or conducting any enquiry. While the matter stood thus, respondent No.4 issued Notice No.B/1480/2025, dated 04.06.2026, under Section 6(2) of the Bhu Bharathi (Record of Rights in Land) Act, 2025, stating that certain persons had submitted applications for regularisation/change of patta through Sada Bainama in respect of lands in Survey No.505. The petitioner, on coming to know of the said proceedings and claiming interest in the subject land as the legal heir of late Hayavadana Chari, submitted objections before the Revenue Divisional Officer on 20.06.2026. The grievance of the petitioner is that the notice was issued by respondent No.4, though the Revenue Divisional Officer is the competent authority under Section 6(2) of the Act and that the procedure contemplated under G.O.Ms.No.76, Revenue (Land Administration-I) Department, dated 18.03.2026, has not been followed. Hence, the present writ petition is filed questioning the notice dated 04.06.2026 and seeking consequential relief.
Learned counsel for the petitioner submits that in the notice it was informed that, in the Bhu Bharathi Portal, in respect of Sy.No.505, the name of the seller is shown as Hayavadana Chari to an extent of Ac.1.20 guntas. Learned counsel submits that the petitioner is the legal heir of the deceased Hayavadana Chari and that the said notice was issued in respect of the property sold by him. The petitioner, being the legal heir of Hayavadana Chari, came to know about the said notice and submits that, as per the provisions of Section 6(2) of the Bhu Bharathi (Record of Rights in Land) Act, 2025, the Revenue Divisional Officer is the competent authority to issue such notice. The petitioner also made objections to the notice on 20.06.2026 before the Revenue Divisional Officer and the same has been received by the Revenue Divisional Office.
Learned Assistant Government Pleader for Revenue submits that, to the extent of the authority in terms of Section 6(2), the Revenue Divisional Officer is the competent authority and prayed this Court to pass appropriate orders.
Heard and perused the record.
Considering the submissions made by the learned counsel on either side, since the petitioner has already filed his objections before respondent No.3-Revenue Divisional Officer, the notice dated 04.06.2026 is set aside. Respondent No.3 is directed to issue fresh notice in terms of the provisions of the Bhu Bharathi (Record of Rights in Land) Act, 2025. The objections already submitted by the petitioner and pending before respondent No.3-Revenue Divisional Officer shall be considered. It is made clear that, upon issuance of fresh notice, the petitioner shall also be given an opportunity to submit further objections, if any, and respondent No.3-Revenue Divisional Officer shall consider the same and pass appropriate orders strictly in accordance with law.
Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs.
As a sequel, miscellaneous applications, if any pending, shall stand closed.
