Telangana High Court
WRIT PETITION 1 on 6 January 1994
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)
THURSDAY, THE TWENIY THIRD DAY OF JUNE
TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION NO: 26622 OF 2022
Between:
1. Malchalam Srinivas, S/o late Sri. Ramloo,55 years, Occ: Agriculture.
2. Malchalam Nagesh, S/o late Sri. Ramloo, Aged about 52 years, OccAgriculture.Agriculture.
3. Malchalam Uma, Wo late M. Anjaiah, Aged about 53 years, Occ: Household.
4. Malchalam Naresh, S/o late M. Anjaiah, Aged about 32 years, OccAgriculture.Agriculture.
(All 1 to 4 are the Resident of Chowderguda Village, Shamshabad Mandal,Ranga Reddy District)
(C.T-Petitioner Nos.3 & 4 are amended as per C.O. dt. 2510912023 inl.A.No.1 ot 2023)l.A.No.1 ot 2023)
..PETITIONERS
AND
'1 . The State of Telangana, Rep. by its Principal Secretary, RevenueDepartment, Telangana Secretariat, Hyderabad.Department, Telangana Secretariat, Hyderabad.
2. The Collector, Ranga Reddy District, At Kongarakalan.
3. The Revenue Divisional Officer, Rajender Nagar Mandal, Hyderabad
4. The Tahsildar, Shamshabad Mandal, At Shamshabad, Ranga Reddy District.
(C.T-Respondents Nos.2 & 3 are ainended as per C.O. dt. 2510912023 tnl.A.No.1 ot2O23l
...RESPONDENTS
Petition under Article 226 ol the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to pass order or orders, one in the nature of Mandamus directing theRespondent No. 3 to de-notify and de-list the lands in Sy. Nos.1,3 ,18,19,21 , 22and Sy. No, 23 totally admeasuring ['1 ]1 Acres 12 Guntas situated at Chowderguda Villa,le, Shamshabad tvlandal, R.R. District, fr,)m the Prohibitorylist under Sec 22- \ of Registration Act in pursuance of lltter vide Letter No.D164212O19 daled ['.131031201 ]9 addressed by Responrlent I'lo 3 to RespondentNo. 2 within a spec fied time in pursuance of orders passed by the Hon'ble HighCourt of Telangana and A.P in W.P. No 1 1 174 of 21108 d;rted I 1tO7t2O17 andConsequently C.)A. ) To direct the Respondents to dispose cff the applicationsmade by the Petitio rcrs on 22-05-2022 lo upload the names oI Pr:titroner's landsin Dharani Portal and to issue digital pattedar p:rssbook; ir their namesaccordingly The fo lowing are the Application Nos. that ruars applied by thePetitioners t.22000 52590 ii. 22000 54478 ii.22000 54479 iv.22000 54481 v 220)A 54476 vi 22000 54489 vii.22000 5449Ct viii 22000 54493ix 22000 54492 x 22000 54494 xi. 22000 54483xii. 22000 54487 xii 22000 54485 xiv.22000 54488 xv. 2200t1 54482 D)Iodeclare the action ol Respondents as, illegal, arbitrary, again-"t the principles ofnatural justice aga nst law and is also against the provi;rons of TelanganaRight's in Land and l)attadar.
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the circrmstances statedin the affidavit filed in support of the petition, the High Court nray be pleased todirect the Respond(.nt No, 284 to upload the name of the l)etitioners in theDharani Portal and also issue digital patta passbooks in rospect of theAgricultural Land ir Sy.No.'1 admeasuring 2 acrt:s 3E guntas, Sy.No.3admeasuring ['1 ]9 guntas, Sy. No.1 8 admeasuring 1 aore 1 1 {)untas, Sy. No.'19admeasuring 1 acre 26 guntas, Sy.No.21 admeasuring 1 ;rcre's 29 guntas.Sy.No.22 admeasuri rg 1 acre 1 guntas and Sy.No.23 admr:asuring 2 acres 7guntas total acjmeas rring 1 1 acres ['12 ]guntas situated at Chcvrderguda Village.Shamshabad Mand,rl, R.R.District, pending disposal of :he above WritPetitionand.
Counsel for the Petit oners : SRl. SURESH SHIV SAGAIt Counsel for the ResSondents: GP FOR REVENUE
The Court made the lollowing : ORDER
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION NO.26622 OF 202'2
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ORDER:
Heard learned counsel tor the petitioners and learnedGovernment Pleader for Revenue appearing for the respondents.With their consent, this Writ Petition is disposed of at the stageof admission.
2. A perusal of the record shows that the petitioners herein,who are brothers, purchased agricultural land situated inSurwey Nos.1, 3, 18, 19, 21, 22 and 23 admeasuring Acs.2.39gts, Ac.0.19 gts, Ac.1.11 gts, Ac.1.26 gts, Ac.1-29 gts,. Ac. 1.Olgts and Acs.2.O7 gts respectively (totally admeasuring Acs. 11.12gts) situated in Chowderguda Village, Shamshabad Mandal,Ranga Reddy District, under a registered sale deed dated06.01.1994 vide documen t No.23/7994 from one V. SumithaDevi. Thereafter, the narnes of the pelitioners herein wereimplemented in the revenue records by virtue of orders passedin proceedings vide ROR.No. l4O/1994 dated 31.O1.1994 andthe petitioners were also issued oid pattadar pass books aldtitle deeds in their names in respect of the subject lands. Whilethey have been in possession of the subject lands, there was anatternpt made by the resporde.rt-authorities in the year 2OO8
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claiming the srrbject land as a ceiling suqrlus land anl rhereby,the pelitioners rvcre constrained to approach this Cou r ry JilingW.P.No. 1lli 4 of 20O8 an<t this Court allowed the Writ Petitionby directing he respondents not to interfere with the [po:rses.sion]of the petitioncrs over thc land admeasuring Acs. [1 1 . ][112 ][gr,s ]inSurvey Nos. , 3, 18, 19, 21,22 and 23 of Chowdergurla Village.According to tlre learncd counsel for the petitioners, tLe :r'der inthe said Writ Petition has bccome final. In spite of ths silme,the subject land is beir.rg continued to be in the prohibitoryregister und:r Section 22-A of the Registration Act, ,9118 ("theAct, 1908" I:r brevity) and for that reason, the llanrer; ol' thepetitioners ir rcspect of thc subject lands is not update{l onDharani Portal and the petitioners were not issued u,ith newpattadiir pass book-cum-title deeds. It is the fu:ther r:as,e of thepetitioners tlrat after repeated persuasion by the petitioners, thethird responient herein addressed a letter dated 23.C3.2O19 tothe second respondent herein in File No.D/642 l20l(., tode-notify thr subject lands from the Prohibitory Regis;ter underSection 22-1. of the Act, 1908, but the second respo.:rclent hasnot tal<en ar ry action on the said recommendal ion o1 the [t ]hirdrespondent lrerein. It is the further case of the petiti,)ners thatafter introdL ction of Dharani Portal, the petitioners tra\.e r:rade MS&,J1tr.?.No.26622 0F 2022
online application on Dharani Portal for updation of their nameson Dharani Portal but the said grievance was rejected wlthoutassigning any reasons and thereby, the petitioners herein haveapproached this Court by filing W.P.No.4478 of 2022 and thesame was disposed of by an ordei' dated O2.O2.2O22 duly settingon Dharani Portal but the said grievance was rejected wlthoutassigning any reasons and thereby, the petitioners herein haveapproached this Court by filing W.P.No.4478 of 2022 and thesame was disposed of by an ordei' dated O2.O2.2O22 duly settingaside the rejection order and further directing the respondentsto consider the representation afresh within a period of eightweeks. The operative portion ofthe said order reads as under:-weeks. The operative portion ofthe said order reads as under:-
"llaving regard to the above, the present WritPetition is allowed and the impugned endorsement ofrespondent No.2 rejecting the request of the petitionerswith rcspect to thc subject land is sct aside and the mattcris remanded to the respond€nt authority concerned toPetition is allowed and the impugned endorsement ofrespondent No.2 rejecting the request of the petitionerswith rcspect to thc subject land is sct aside and the mattcris remanded to the respond€nt authority concerned toconsider the matter afresh and pass appropriate orders.After remand, the respondent authority concerned isdirected to verify the claim of the petitioners urs d-uis therevenue records al-ld on such verification, it is found thatearlier exercise was not properly undertaken and there ismerit in the grievalce of the petitioners; the authorityconcerned shalt take necessary steps with respect to thesubject land. If any clarification is required from theAfter remand, the respondent authority concerned isdirected to verify the claim of the petitioners urs d-uis therevenue records al-ld on such verification, it is found thatearlier exercise was not properly undertaken and there ismerit in the grievalce of the petitioners; the authorityconcerned shalt take necessary steps with respect to thesubject land. If any clarification is required from thepetitioners, the authority concerned shall intimate thepetitioners to produce the relcvant records therefor. Thisentire exercise shall be completed as expeditiously asentire exercise shall be completed as expeditiously aspossible, preferably, within a period of eight weeks from thedate of receipt of a copy of this order-"date of receipt of a copy of this order-"
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3- Horver er, the forlrth rt-spondent herein tlLrougtr I is etterin Filc Nt.Bl36O/2022 dated 27.O4.2O2i dir':r:led thepetitioners o submit fresh applications on D raran l)ortal incrder to consider their requcst.for rrpdating the subjr.t lartd onDharani Portal. Pursuant thereto, the petitioncrs clairn to havesubmitted [jn ]all fifteen {1.5) applications on Dharar',i I'ortalrequesting lor updation of the sub.lect land orr Dha-ani I'ortaland for isst ance of new pattadar pass book clrm title Ceeds inthe names <,f thc pctitioners and also to delete the srrb. ect landfrom the lls of prohibitorl/ properties under Se,:tion l)2 A of theAct, 2018. According to the learned counsel for the rretiticners,the said ap rlications are pr:nding consideration and rro ordershave been pzrssed by the respondents- Therefore hc seeksappropriate orders from this Court to dircct t:re sr:condrespondent to consider the said online applicrrtions subnrittedby the petit oners. Counsel for the petitioners also expressed anapprehension that the respondents may once irgain rerect theirapplication:, without applying.their mind and withour l66ftjnginto the dorument basing upon which the petitroners ale rr:lyingupon and hence, seeks a specihc direction to the resl,otrde:rts toafford an opportunity of personal hearing to the petition(trs inorder to exl,iain their case in better manner.
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3. Learned Assistant Government Pleader has not disputedthe pendency of the online applications submitted by thepetitioners and also about the,letter of the third respondentdated 23.03.2O 19.
4. Taking into consideration the facts as noticed above andalso the fact that the online applications submitted by thepetitioners and the lettcr of the third respondent dated23.03.2019 are not considered by the second respondent andthey are pending as on date, this Court is of the view that itwould be appropriate to dispose of this Writ Petition with thefollowing directions:
(1) The second respondent shall consider the letter dated23.03.2019 of the third respondent addressed to thesecond respondent in File No.D I 642 / 20.79 forde-notifying the subject lands from the ProhibitoryRegister maintained under Section 22-A of the Act, 19O8;and23.03.2019 of the third respondent addressed to thesecond respondent in File No.D I 642 / 20.79 forde-notifying the subject lands from the ProhibitoryRegister maintained under Section 22-A of the Act, 19O8;and
(2) To consider the online application bearingNos.22OOO5259O, 22OOO5447a, 22OOO54479,22000544ar, 2200054476, 22000s4489, 2200054490,2200054493, 2200054492, 2200054494, 220AO544a3,22ooo544 87, 22OOO54 485, 22OOO544aA and 22OOO54482Nos.22OOO5259O, 22OOO5447a, 22OOO54479,22000544ar, 2200054476, 22000s4489, 2200054490,2200054493, 2200054492, 2200054494, 220AO544a3,22ooo544 87, 22OOO54 485, 22OOO544aA and 22OOO54482
o
*.. .no.rttYi"or ro*submitted by the petitioners for updatiorr ol tl-cj [- ]nirmesorl DI- arani Portal in respect of the sub.j.:ct laird i t()tall,yadmez.suring Acs.ll.l2 gts of Chorvdrrriguda Village,Sham,;habad Mandal. Ranga Reddy L)istricr rnd forissuar.ce of consequential pattadar pass booll r um-titledeeds in the names ['of ]the petitioners ard passappro )riate orders in accordance u'itL, law ry dulyafford ng an opportuniET of personal hearing to thepCtiticners or their authoriscd representative rvithin aperioci of two months from the date of ret eipt ol r: copy ofthis o:'der. [n case, if the second respond.:nt comr)s t) theconch tsion that the request of the petiti)ners cr nnot beacced,:d to, the second r'espondent shall pass :r reasonedorder and communicate the same to the petitiorLers- There shall be no order as to costsapplications, ifany, pending shall stand closed Miscellar eous SD/-T.I(RISHNA KUMARD:F UTY REGISTRAR
NOTE:- That the C.ruse tifle of the peiitioners and\ \ W.P.No.26622 .lespondents ot [in ]2022 -tre are [order ]iorr""tlJ.,ij'"rostituted[-ari"a ]['ii?til2o2z ]in1! [p". ][the ][order:, ]of the Hon,bte Cou.t a.tea\ \ W.P.No.26622 .lespondents ot [in ]2022 -tre are [order ]iorr""tlJ.,ij'"rostituted[-ari"a ]['ii?til2o2z ]in1! [p". ][the ][order:, ]of the Hon,bte Cou.t a.tea251O9t2025 in I.A.No.,t of 2023.This amendec order shall substitute the earlierorder wh ich has bee n dispatc hed on- al- i i ii nozz.order wh ich has bee n dispatc hed on- al- i i ii nozz.
SD/.8. CHANDRA PRAKASHASSISTANI' REGISTRAR{ ,L [-- - "']SECIION OFFICER
//TRUE COPY/|
To,
1The Principal Secretarv. Revenue Department, Tele ngan;r S,ecretariat,State of Telangana, HiderabadPrincipal Secretarv. Revenue Department, Tele ngan;r S,ecretariat,State of Telangana, Hiderabad HIGH COURT
DATED: 23101i,1202225t01tt2023
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AMENDED oRDER
WP.No.26622 of 2022
DISPOSIN(; OF THE WRIT PETITIONWITHOUT [(]OSTS]
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