Telangana High Court

WP/46680/2022 of Shaik Wali Mohammad Vs The State of Telangana on 30 December 2022

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENW TWO :PRESENT: THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO:46680 OF 2022 Between: Shaik Wali Mohammad, S/o Fakeer Mohammad, Aged about 73 years,

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HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)

FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENW TWO

:PRESENT:

THE HONOURABLE SRI JUSTICE K.LAKSHMANWRIT PETITION NO:46680 OF 2022

Between:Shaik Wali Mohammad, S/o Fakeer Mohammad, Aged about 73 years, Occ.Agriculture R/o 2-38, Umadam village, Talamadugu Mandal, Adilabad Dist.

...Petitioner

AND1. The State of Telangana, Rep. by its Prl. Secretary to Govt. Secretariat,Hyderabad, Revenue Department.

2. The District Collector, Adilabad District Collectors Office, at Adilabad.

3. The Tahsildar, Talamadugu Mandal, Adilabad District.

...Respondents

Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be' pleased to isst-ne an appropriate Writ, order or direction more particularly' one inthe nature of WRIT OF MANDAMUS by declaring the impugned action ofrespondent No.2 herein in not disposing of the application of the petitioner forissuance of pattedar pass book and title deed in respect of the land inSy.No.140/1 admeasuring Ac.7.15 gts., situated at Umadam village, TalamaduguMandal, Adilabad Dist., in pursuance of the application through ONLINEapplication dated 7 -9-2022 vide transaction lD No.0135216000012200 vide KhataNo.308, as arbitrary, illegal, void abinitio besides violative of Art.21 and 300-4 ofConstitution of lndia and violative of principles of natural justice andconsequently direct the 2nd respondent to consider the application of thepetitioner for issuance of pattedar pass book and title deed (DIGITAL) in respectof the land in Sy.No.140/1 admeasuring Ac.7-15 gts., situated at Umadamvillage, Talamadugu Mandal, Adilabad Dist., in pursuance of the applicationthrough ONLINE application dated. 7 -9-2022 vide transaction lDNo.0'1 35460000 122OO vide Khata No.308.

lA NO: 1 OF 2022

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 2nd respondent to consider the application of the petitioner forissuance of pattedar pass book and title deed (DIGITAL) in respect of the land inSy.No.'14011 admeasuring Ac.7.15 [gts., ]situated at Umadam village, TalamaduguMandal, Adilabad Dist., in [pursuance ]of the application through ONLINE

appllcation dated. T-9-2022 vide transaction lD No.013546000012200 vide KhataNo.308.

Counsel for the Petitioner: SRl. J ASHVINI KUMAR

Counsel forthe Respondent No.1 to 3: AGP FOR REVENUEThe Court made the following: ORDER

HON'BLE SRI JUSTICE K. LAKSHMAN

WRIT PETITION No.466aO of 2022

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ORDER:

Heard learned counsel for the petitioner andIearned Assistzrnt Government Pleader for Revenue.Iearned Assistzrnt Government Pleader for Revenue.

2. The petitioner herein is claiming that he1Sabsolute owner and possessor of land admeasuringAc.7-15 gts in Sy.No.l4O/L, situated at Umadam Village,Ta-lamadugu Mandal, Adilabad District. In proof of thesame, he- has frled copies of Pahanies and Dharanistatus. He has not filed old or new Pattadar passbook.However, he had submitted online application vide IDNo.O13546O00O11363 dated 29.12.2021 with the 2"drespondent with a request to issue E-Pattadar passbookand title deed. Despite receiving and acknowledging thesaid online application, the 2"d respondent did not actupon the same. Thcreforc, the present Writ Petition.

3. Whereas, thc lcarned Assistant GovernmentPleader for Revenue, on instructions would submit that the 2"d respondent u,ill consider the said onlineapplication and pass appropriate orders in accordancewith law.

4. It is relevant to note that in supersession of theTelangana Rights in Land and Pattadar Pass Book Act,1971 (Act No.26 of 197 ll, the State promulgated theTelangana Rights in Land and Pattadar Pass Book Act,2O2O (Act No.9 of 2O2O) simplified procedure of entries inrevenue records and conlined to three circumstances inwhich request carr be made for alteration o[ entries in therevenue records i.e., sale /gift /mortgage, succession /survivorship ,/inheritance and by way of court decree.

5. In view of the said discussion, this WritPetition is d.isposed of directing the 2"d respondent toconsider the online application vide IDNo.O13546000011363 dated 29.12.2021 submitted bythe petitioner ald pass appropriate orders in accordancewith law by pr.rtting the pr:titioner and all elfected partieson notice anrl affording them an opportunity of hearing.

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If, the 2"a respondent is not inclined to accept therequest made by the petitioner, he sha-ll assign specificreasons and pass a reasoned order, communicate copy ofthe said order to the petitioner and complete the saidexercise within a period of eight (OB) weeks from the dateof receipt of a copy of this order. There shall be no orderas to costs.

As a sequel, the miscellaneous petitions, if any,pending in the Writ Petition shall stand closed.

SD/. T. JAYASREEASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

HIGH COURT

KL.JDAfED:3o11212022

ORDER/.STATEqWP.No.46680 ot 2022eoc21 l[\l [?t?1]I\..

WRIT PETITION IS EII:]POSED OF

WITHOUT COST

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