WP/35045/2023 of Mandala Pochamallu @ Pochaiah Vs The State of Telangana on 29 December 2023

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: 35045 oF 2023

Between:

Mandala Pochamailu ra occ.Cuttivarion. Karimnagar District.R/o.H trto I f99lrgiah. _i irt [- ]han-gimili' S/o.M.Narasaiah, i7frtJs", aged about choppadandi55nilandal,years,

.....PETITIONER

AND

'1. The State of Telanoana R.ep by its principal Secretary Department ofThe State of Telanoana R.ep by its principal Secretary Department ofRevenue, secretariat autrui,isil rii a.'H.X[I;"k;iiirrngrn, secretariat,Hyderabad.Hyderabad.

2. The Diskict Collector, Karimnagar District, Karimnagar.

3. The Tahsildar, Choppadandi Mandal, Karimnagar District.The Tahsildar, Choppadandi Mandal, Karimnagar District.

.....RESPONDENTS

Petition Under Articre 226 0f rhe constitution of rndia praying that in thecircumstances stated in the affidavit fired therewith, the High court may bepleased to issue an appropriate Writ, order or direction more particularly one inthe nature of writ of MANDAMUS decraring the action of the respondents 2 and3 in not mutating the name of the petitioner as pattadar and possessor pertainingto agricurturar rand in an extent of Ac.1 .20 guntas situated in sy.No.g46/c ofArnakonda Village, Choppadandi Mandal, Karimnagar District in pursuance of'13-B proceedings No.B/3725l2017, dated 23-03-2018 issued by 3rd respondentand also pursuant to Dharani Ref-No.230o'r61273, dared 14-r1-2023 as iregar,arbitrary and viorative of articres of 14, 21 and 30o-A of constitution of rndiabesides violative of principres of naturar justice and consequenry direct therespondents 2 and 3 to mutate the name of the petitioner in the revenue records pertaining to the above stated agricurturar rand and arso to grant new e-pattadarpassbook and tifle deedspassbook and tifle deeds !.A.NO:1 OF 2023

Petition Under section '151 cpc praying that in the circumstances statedcpc praying that in the circumstances statedin the affidavit fired in support of the petition, the High court may be preased todirect the respondents 2 and 3 to mutate the name of the petitioner in therevenue records pertaining to the agricultural land in an extent of Ac.1.20 guntassituated in sy No g46/c of Arnakonda virage, choppadandi Mandar, KarimnagarDistrict in pursuance of '13-B proceedings No.Bt3725t2o17, dated 23-C3-2018issued by 3rd respondent and arso pursuant to Dharani Ref.No.2300161273,dated 14-1 1-2023, pending disposal of the writ petition.dated 14-1 1-2023, pending disposal of the writ petition.

Counsel for the petitioner : SRt VADLAKONDA RAVI KUMAR REDDY

Counsel for the Respondents : AGp FOR REVENUE

The Court made the following ORDER

THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDYWRIT PETITION No.35045 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'sonline application bearing No.2300161273 dated 14.11.2023 formutating his name in the revenue records (Dharani portal) and forissuing e-pattadar passbook in respect of his land admeasuringAcs. l-20 guntas in Survey $1o.946lC situated at ArnakondaVillage, Choppadandi Mandal, Karimnagar District,asbeingillegal and arbitrary

2. Heard leamed Counsel for the petitioner, leamed AssistantGovernment Pleader for Revenue appearing for respondents, andperused the material on record.

3. Learned counsel for the petitioner has submitted that thepetitioner has purchased the land admeasuring Acs.l-20 guntas inSurvey No.946lC situated at Amakonda Village, ChoppadandiMandal, Karimnagar District, from Mr. [Peddi ]Bhimalingu S/o.Mallaiah through simple sale deed. [Respondent ][No.3 ]issued l3-B

Certificate vide proceedings No.B/372512017 dated 23.03.2018regularizing the subject land under the provisions of the AndhraPradesh Rights in Land and Pattadar Passboks Act, 1971.However, petitioner's name is not mutated in the revenue records(Dharani porlal) and the name of petitioner's vendor is stillcontinuing in the revenue records. Despite several representationsof the petitioner, the respondent authorities did not mutate thepetitioner's name in the Dharani portal. That on being advised,petitioner has submitted online application bearingNo.2300161273 dated 14.11.2023 for mutating his name in therevenue records (Dharani portal) and for issuing e-pattadarpassbook in respect of the subject land. Grievance of the petitioner ISrespondent authorities are not processing his Dharaniapplication, as such, he is constrained to approach this Court.

4. Learned Assistant Govemment Pleader for Revenueappearing for respondents has submitted that appropriate actionwill be taken on the online application submitted by the petitioner,in accordance with law \

5. Recording the aforesaid submission of the leamed Assistant Govemment Pleader for Revenue, without going into the merits ofcase, the writ petition is disposed of directing respondent Nos.2and 3 to consider petitioner's online application bearingNo.2300161273 dated 14.11.2023 for mutating his name in therevenue records (Dharani portal) and for issuing e-pattadarpassbook in respect of his tand admeasuring Acs.l-20 guntas inSurvey No.946lC situated at Arnakonda Village, ChoppadandiMandal, Karimnagar District, by issuing notice to allconcerned/interested persons, and pass orders, in accordance [with]law, within a period of two (2) months from the date of receipt of [a]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/-P.PADMANABHA REDDYASSISTANT R GISTRAR//TRUE COPY//SECTIONFFICER

SECTIONTo1. The Principal Secretarv 2. The Dr.B. District R.Ambedkar Tetanganb Couecror, x5rimnag; Department of s""i"iiiiri, Revenue, ["siliu"Ii ]Secretariat iLrrnsrn, at HyderabadBuildings,3. Ihe T_ah s itda r, C hoppada no i rvrZ"a, D[i;;i,"*il#;,i, ir-,# nioll' fi .trt"t. Iff",.,n:" 3i# it","n,", Hishtil;ffi#'s'-dte or rerangana at1. The Principal Secretarv 2. The Dr.B. District R.Ambedkar Tetanganb Couecror, x5rimnag; Department of s""i"iiiiri, Revenue, ["siliu"Ii ]Secretariat iLrrnsrn, at HyderabadBuildings,3. Ihe T_ah s itda r, C hoppada no i rvrZ"a, D[i;;i,"*il#;,i, ir-,# nioll' fi .trt"t. Iff",.,n:" 3i# it","n,", Hishtil;ffi#'s'-dte or rerangana at5. One CC to Sri Vaalakonda Ravi Kumar Reddy, Advocate 6. Two CD CopiestOpUCJ6. Two CD CopiestOpUCJ

SALS b

HIGH COURT

DATED:2911212023

ORDER

WP.No.35045 ot 2023

DISPOSING OF THE W.PWITHOUT COSTS.

$ot[,k]

o

1rrEsr.{I€Joo1 0 JA!\] 2024t).E** Dc5PATcHgt)