HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.28475 OF 2025

ORDER

This writ petition is filed by the petitioners seeking to declare the action of respondent authorities in rejecting the online application bearing No.2500032746 dated 18.01.2025 filed for succession and mutation of name of the petitioner No.1 in revenue records in respect of the land admeasuring Acs.5-00 guntas in Survey No.109/20 situated at Kannala Village, Bellampalli Mandal, Mancherial District, as being illegal, arbitrary, constitutional, violation of principles of natural justice and contrary to the provisions of The Telangana Bhu Bharati (Record of Rights in Land) Act, 2024 (for short ‘ROR Act 2024’).

2. Heard Mr. P. Lakshma Reddy, learned counsel for the petitioners, and Mr. L. Ravinder, learned Assistant Government Pleader for Revenue, appearing for respondent Nos.1 to 4.

3. It is stated that the husband of petitioner No.1 and father of petitioner Nos.2 and 3, late Mr. Badrapu Ramachandar @

Chandraiah purchased the land admeasuring Acs.5-00 guntas in Survey No.109/20 situated at Kannala Village, Bellampally Mandal, Mancherial District, under registered sale deed bearing document No.137 of 1972 dated 25.04.1972. It is a self acquired property. The name of husband of petitioner No.1 was mutated in the revenue records and he was issued e-pattadar passbook and title deeds in respect of the subject land. The husband of petitioner No.1 died leaving behind the petitioners as his legal heirs.

4. It is stated that father-in-law of petitioner No.1, Mr. Badrapu Ramaiah owned land admeasuring Acs.4-82 cents in Survey No.110/3 and Ac.1-00 cents in Survey No.111, situated at Kannala Village. He had five (5) sons and one (1) daughter. After the demise of Mr. Badrapu Ramaiah, his legal heirs including the husband of the petitioner No.1 partitioned the above land and the same was implemented in the revenue records vide Proc.No.129/2011 dated 18.03.2011 by the Tahsildar, Bellampally. 5. It is stated that only these two (2) properties i.e., Survey Nos.110/3 and 111 are the joint family properties which were divided long back as stated above, and none of the brothers and sister of late husband of petitioner No.1 have any right over the subject land. However, contrary to the partition effected in the year 2011, respondent Nos.5 to 9 filed a suit in O.S. No.34 on 2017 on the file of the learned III Addl. District Judge, Asifabad (for short ‘trial Court’), seeking partition and separate possession of the land admeasuring Acs.4-82 cents and Ac.1-00 cents in Survey Nos.110/3 and 111 respectively situated at Kannala Village. The self-acquired property of husband of the petitioner No.1 i.e., Acs.5-00 guntas in Survey No.109/20 is not included in the original plaint. Later Mr. Badrapu Rajanarsu - defendant No.7 in the suit (respondent No.10 herein) filed I.A. No.558 of 2019 under Order VI Rule 17 of the Civil Procedure Code 1908 (CPC) seeking amendment of plaint for inclusion of the subject land in the suit. The I.A. was dismissed by the trial Court by the order dated 07.10.2020. Despite the same, respondent Nos.5 to 9 filed another application in I.A. No.343 of 2021 in O.S. No.34 of 2017 with the same relief of amendment of plaint for inclusion of the subject land. Contrary to earlier order, the trial Court allowed I.A.

No.343 of 2021 by the order dated 17.02.2022. However, there is no interim order or injunction order passed against the petitioners in respect of the subject land.

6. It is stated that the petitioners made an application bearing No.2500032746 dated 18.01.2025 seeking succession in respect of the subject land. As required under the ROR Act 2024, the petitioners filed joint affidavit, and petitioner Nos.2 and 3 who are sons gave consent for incorporation of name of petitioner No.1 in revenue records in respect of the subject land. The application of the petitioners was rejected with single line “Pending Court Cases”.

7. Learned counsel for the petitioners sub