Telangana High Court
WP/36821/2024 of Ravula Lakshmamma Vs The State of Telangana on 31 December 2024
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENry FOUR [ 32e6 J PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 36821 oF 2024 Between: Ravula Housewi lA NO: 1 OF 2024 Petition under
[ [32e6 ]J
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENry FOUR
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 36821 oF 2024
Between:
RavulaLakshmamma, Wo Late _R.Jangaiah, Aged about 43yrs, Occ.Housewife, Ri/o H.No.3-78, Kadthal Viilage 5nd Mandll, Rangareddy District.
...PET|T!ONER
AND
1. The State oI Telangana, .R9p. by its principat Secretary Revenue Department,I elangana Secretariat, Hyderabad.I elangana Secretariat, Hyderabad.
Hyderabad.2. The District Collector, Rahgareddy District, Rangareddy.
3. The Revenue Divisional Officer, Kandukur Division, Rahgareddy District.The Revenue Divisional Officer, Kandukur Division, Rahgareddy District.
4. The Tahsildar, Kadthal Mandal, Rangareddy Distriit,
...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 in notthe nature of writ of Mandamus, declaring the action of the Respondents in notissuing of succession in petitioner favour to transfer patta land in sy.No.51/AA,rl toan extent of Ac.3-06gts situated at Kadthal village and Mandal, RangareddyDistrict, which amounts to a violation of the petitioner fundamentat rights underArticles 14 and 2'1 of the constitution of lndia and consequenfly direct therespondents to consider the application No.2400334705, dl,12tO6l2O24 forrespondents to consider the application No.2400334705, dl,12tO6l2O24 forsuccession in her favour to transfer patta land in Sy,No.S1/AA 11 lo an extent ofAc,3-06gts situated at Kadthal Village and Mandal, Rangareddy District.Ac,3-06gts situated at Kadthal Village and Mandal, Rangareddy District.
lA NO: 1 OF 2024
Petition under section 151 cPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High court may be pleased to directthe respondents to consider the application No.240033470s, dt.12t0612o24 for succession [in ][her ][favour ][to ][transfer patta land ][in ][Sy.No.51/AA/1 ][to ][an ][extent of]Ac.3-06gts [situated ][at ][Kadthal ][Village and ][Mandal, Rangareddy District, ][pending]disposal [of ][the ][abovr: writ petition.]
Counsel [for ][the Petitioner: ][SRI P.ASHOK]Counsel [for ][the Respondents: ][SRI L.RAVINDER, AGP FOR REVENUE]
The Court [made the ][following: ][ORDER]
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HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
trIRIT PEAITION No.36821 of 2024
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ORDER
. This Writ Petition is hled seeking to declare the action ofthe respondent authorities in not issuing succession in favour ofthe petitioner in respect of land admeasuring Acs.3.06 guntas inSy.No.S1/AA/ 1 situated at Kadthal Village and Mandal,Rangareddy District as illegal and arbitrary and consequentlyprayed this Court to direct the respondents to consider theapplication, dated 12.06.2024 and. for other appropriate reliefs.2. It is stated that the father-in-law of the petitio ner viz.Ravula Kistaiah was the pattadar and possessor of the landadmeasuring Acs.3.06 guntas in Sy.No.S1/AA/ I situated atKadthal Villagc and Mandal, Rangareddy District and therevenue authorities also issued pattadar passbook bearingNo.T05 l od* S8o uide Khata No.969 under the provisions ofthe Telangana Rights in Land and pattadar passbooks Act,2O2O(for short "the Act 9 of 2O2O"). During his life time, the father-in-law of the petitioner is in possession and enjoyment of the,same and the husband of the petitioner is pre_deceased to herfather-in-law. It is lurther stated that after the death of herfather-in law, the petitioner has made an application, dated CVBR, J
Wp 3682t 2024
CVBR, J
Wp 3682t 2024
12.06.202,+ seeking for transfer of the patta/granting pouthiizasfa in l-rer name and consequential issuance ol- pattadarpassbook. The grievance of the petitioner is that e,zen afterreceiving tier: said application, the respondent authorities areizasfa in l-rer name and consequential issuance ol- pattadarpassbook. The grievance of the petitioner is that e,zen afterreceiving tier: said application, the respondent authorities arenot granting pouthi izafa (succession) to enable her t' receivevarious incentives like investment subsidy etc., sancttoned bythe Governrnent for cultivation of the subject land.various incentives like investment subsidy etc., sancttoned bythe Governrnent for cultivation of the subject land.
3. Considered the submissions of the learnecl counscl for therespective prarties ancl with their consent, this writ petiti& isdisposed of .,rt the admission stage.
4. Sri L.l?livinder, learned Assistant Government pleader forRevenue appe aring for the respondents has submitted r.hat foralteration ol cntries in the revenue records i.e., sate/gift/mortgage/ suc:ession/ survivorship/ inheritance and by way ofCourl decrr'e, lhc pctitioner has to submit an onlrne applicationin appropriate module o[ Dharani portal in terms of r]CLA,sCircular No.1 /2O21, dated l5_01_2 O21 and Circular No.l /2024,dated 28.02.2024. Learned Assistant Government l,leaderfurther qrbrrLit s that if the joint consensus agreement o1. thefamily memb<:rs specifying the individual shares is enclosed to CVBR, JWp 36821_2024
the - said application, the same would be considered inllccordance with lawllccordance with law 5 As per Section 6 of the Act, 2O2O, any person or persons,who acquire rights over land through succession, survivorship,inheritance and seeking to effect change in Record of Rights,after arriving at consensus among all the legal heirs on themanner of division of the land among themselves, shall make anapplication, enclosing the joint agreement specifying individualshares, to the Tahsildar through the website prescribed for thispurpose, for allotting available date and time. as per theconvenience of [he persons to appear before the Tahsildar.
6. In vicw of the above submissions, this Court, withoutexpressing any opinion on the right and entitlement of thepetitioner for granting succession, deems it appropriate todispose of the wri[ petition directing the respondent authoritiesto examine the petitioner's application No.24O0334705, dated12.06.2024 and if the petitioner is otherwise entitled for grantingsuccession, consider the same after issuing notice to all thepersons, who have interested and affected by grantingsuccession in favour of the petitioner, within a period of three(O3) months from the date of receipt of a copy of this order. If To
PSK.BSR
( VBR. JWp 3682 I 2024
the petitioner is [otherwise ][not entitled for ][succession ][in ][tt:rms of]the provisions of [the Act ][9 ][of ][2O2O ][and ][circular ][instructions,]respondent arrl-horities [are ][directed ][to ][pass ][a ][reasoned orcier ][and]communicate the decision [thereon ][to the pelitioner']
7. With the above obsetwations, [this ][Writ ][Petition ][is ][chsposed]
of. There shall be [no ][order ][as ][to costs]
8. As a serquel, the miscellaneous [petitions pcnding, ][if ][any,]shall stand closed SD/. K.SREERAMA MURTHYASISTANTREGISTRARSECTI()N [OFFICER]
//TRUE [COPY//]
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HIGH COURT
DATED:31 11212024
ORDERWP.No.36821 ot [2024]
DISPOSING OF [THE ][WRIT ][PETITION]WITHOUT COSTS
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