Telangana High Court
WP/34987/2023 of N.Ramesh Vs The State of Telangana on 29 December 2023
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 34987 OF 2023 [ 3183 ] about 37 years, Occ. cultivation, R/o. Ramnagar, Hanamkonda,
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITION NO: 34987 OF 2023
Between:
N.Ramesh, S/o Uppalaiah, agedabout 37 years, Occ. cultivation, R/o.D.No.2-4-20, Jewel Apartments,Ramnagar, Hanamkonda, HanamkondaDistrict.D.No.2-4-20, Jewel Apartments,Ramnagar, Hanamkonda, HanamkondaDistrict.
...PETITIONER
AND
1The State of Telangana, Rep. by its Principal Secretary, Department ofRevenue, Secretariat Buildings, Telangana Secretariat, Hyderabad.Revenue, Secretariat Buildings, Telangana Secretariat, Hyderabad.
The District Collector, Mahabubabad District.
The Tahsildar, lnugurthy Mandal, Mahabubabad District.
...RESPONDENTS
Petition under Article 226 ot the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue an appropriate Writ, order or direction more particularly one inthe nature of Writ of MANDAMUS declaring the action of the respondents moreparticularly the action of the respondents 2 and 3 in not mutating the name of thepetitioner in Revenue Records as pattadar and possessor for the agriculturallands in an extent of Ac.2.20 (2 % acres) of Sy. No.475 and in an extent ofAc.4.10 guntas situated in Sy No.472 respectively situated at ChinnamupparamVillage, lngurthy Mandal, lvlahabubabad District as illegal, arbitrary and violativeof articles of 14, 21 and 300-4 of Constitution of lndia besides violative ofprinciples of natural lustice and consequently direct the respondents 2 and 3 tomutate the name of the petitioner in the revenue records pertaining to the abovestated agricultural lands, forthwith and also grant new e-pattadar passbooks-cum{itle deeds in favour of the petitioner.
lA NO: 1 OF 2023
Petition under Section ['151 ]CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may be pleased todirect the respondents 2 and 3 to mutate the name of petitioner pertaining toagricultural lands in an extent of Ac.2.20 (2 lz acres) of Sy. No.475 and in anextent of Ac.4.'10 guntas situated in Sy.No.472 respeclively situated atChinnamupparam Village, lnugurthy Mandal, Mahabubabad District pursuant torepresentations dated 10-07 -2023 and 10-09-2023 and also DharaniRef.No.2300'159112 on 31-10-2023, pending disposat of the Writ Petition in thisHon'ble Court.
Counsel for the Petitioner: SRI VADLAKONDA RAVI KUMAR REDDYCounsel for the Respondents: AGP FOR REVENUE
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDYWRIT PETITION No.34987 OF 2023
ORDER: (ORAL)
This writ petition is filed by the petitioner seeking to declareaction of respondent Nos.2 and 3 in not considering the [petitioner's]online application bearing No.2300159112 dated 31.10.2023 [for]mutating his name in the revenue records and for issuing e-pattadarpassbook in respect of his land admeasuring Acs.2-20 guntas andAcs.4-10 guntas in Survey Nos.475 and 472 respectively [situated]at Chinnamupparam Village, Inugurthy Mandal, [Mahabubabad]District, as being illegal and arbitrary.
2. Heard leamed Counsel for the petitioner, leamed [Assistant]Govemment Pleader flor Revenue appearing [for ][respondents, and]perused the material on record.
3. Learned counsel for the petitioner has submitted thatoriginally Mr. Uppalaiah, father of the [petitioner, ][has ][purchased]land admeasuring Acs.4-20 [guntas]lnSurvey No.475 ofChinnamupparam Village, Inugurthy [Mandal, ][Mahabubabad]District, from its previous owner [on ][13.05.1981. Out ][of ][the above]
extent, land admeasuring Ac. 1-00 guntas was allotted to brother ofthe petitioner and remaining extent of Acs.3-20 guntas was allottedto the petitioner. However, land only to an extent of Ac.l-00to the petitioner. However, land only to an extent of Ac.l-00guntas was mutated in the name of petitioner in revenue records,the remaining extent of Acs.2-2Q guntas was not mutated in hisname.The petitioner is also owner of the land admeasuringAcs.4-10 guntas in Survey No.472 of Chinnamupparam Village,Acs.4-10 guntas in Survey No.472 of Chinnamupparam Village,Inugurthy Mandal. He was also issued pattadar passbook videpatta No.719. However, his name was not recorded in thesubsequent revenue records (Dharani portal) and he was not issuede-pattadil passbook.subsequent revenue records (Dharani portal) and he was not issuede-pattadil passbook.
4. Despite several representations of the petitioner, therespondent authorities neither mutated petitioner'sname lnrevenue records nor issued e-pattadar passbook in respect of thesubject land. That on being advised, petitioner has submittedonline application bearing No.2300159112 dated 31.10.2023 formutating his name in the revenue records and for issuing e-pattadarpassbook in respect of the subject land. However, the respondent authorities are not acting upon the application of the petitioner, assuch, the petitioner is constrained to approach this Court.
5. Learned Assistant Govemment Pleader for Revenueappearing for respondents has submitted that appropriate actionwill be taken on the online application submitted by the petitionerin accordance with law.
6. Recording the aforesaid submission of the leamed AssistantGovemment Pleader for Revenue, without going into the merits ofcase, the writ petition is disposed of directing respondent Nos.2and 3 to consider petitioner's Dharani application bearingNo.2300159112 dated 31.10.2023 for mutating his name in therevenue records and for issuing e-pattadar passbook in respect ofhis land admeasuring Acs.2-20 guntas and Acs.4-10 guntas inSurvey Nos.475 and, 472 respectively situated at ChinnamupparamVillage, Inugurthy Mandal, Mahabubabad District, by issuingnotice to all concerned/interested persons, and pass orders, inaccordance with law, within a period of two (2) months from thedate of receipt ofa copy of this order. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
SD/-V. KAVITHAASSISTANT REGISTRAR [./]
//TRUE COPY//
SECTION6FFICER
To,
'1 . The Principal Secretary, Department of Revenue, Secretariat Buildings,Telangana Secretariat, Hyderabad, State of Telangana.. The Principal Secretary, Department of Revenue, Secretariat Buildings,Telangana Secretariat, Hyderabad, State of Telangana.
2, The Diskict Collector, Mahabubabad District.
3. The Tahsildar, lnugurthy Mandal, Mahabubabad District.
4 One CC to SRI VADLAKONDA RAVI KUMAR REDDY, Advocate [OPUC]
5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana atHyderabad [OUT]Hyderabad [OUT]
6. Two CD Copies
BSR
BS
HIGH COURT
DATED: 2911212023
ORDERWP.No.34987 ot 2023
DISPOSING OF THE WRIT PETITION,
WITHOUT COSTS
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