Telangana High Court
WP/46690/2022 of SHAIK KHAJA MIYA Vs The State of Telangana on 30 December 2022
COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER, TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 46690 OF 2022 lletrvecn: SHAIK KHAJA MIYA, S/o Shaik Khudubuddin, Occ . Govt. Employee
HIGTI COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)FRIDAY, THE THIRTIETH DAY OF DECEMBER,TWO THOUSAND AND TWENTY TWOPRESENT
THE HONOURABLE SRI JUSTICE K.LAKSHMANWRIT PETITION NO: 46690 OF 2022
lletrvecn:
SHAIK KHAJA MIYA, S/o Shaik Khudubuddin, Occ . Govt. Employee R/o SuryapetTown and District
...PETTTTONER(S)
AND
l. The State of Telangan4 Rep. by its Prl. Secretary to Govt. Secretariat, HyderabadRevenue DepartmentRevenue Department
2. The District Collector, Nalgonda District Collector's Office, at Nalgonda
3. The Revenue Divisional Officer, Nalgonda Division, At Nalgonda
4. The Tahsildar, Shaligowraram Mandal Nalgonda District
...RESPONDENTS
Petition under Article 226 of the Constitution ol India praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleased toissue an appropriate Writ, order or direction more particularly one in the nature of WRITOF MANODAMUS by declaring the impugned action of respondent No.2 herein inrejecting the petitioner's application to include his caste at column No.5 in the Pattedarpass book and also rejecting to include the land totally admeasuring Ac.3.l I gts., inSy.No.79614,, 796lAA and 796lEE, situated at Chittaluru village, ShaligowraramMandal, Nalgonda District in the pattedar pass book as arbitrary, illegal, void abinitiobesides violative of Art. 21 and 300-4 of Constitution of India and violative ofprinciples of natural justice and consequently direct the 2'd respondent to consider theapplication of the petitioner to include the land totally admeasuring Ac.3.l I gts., inSy.Nos.7961,4', 796/AA and 796lEE, situated at Chittaluru vittage, ShaligowraramMandal, Nalgonda District in the pattedar pass book and also include the petitioner'scaste i.e., BC-E in the pattedar pass book (DIGITAL)
IA NO: I OIt 2022
Petition under Section 151 CPC praying that in the circumstances stated in theaffidavit filed in support ofthe petition, the I{igh Court may be pleased to direct the 2ndrespondent to consider the applicatiorr of the petitioner to include the land totallyadmeasuring Ac.3.l I gts., in Sy.No.79614, Ac.1-09 [gts., ]Sy. No.79614A Ac-0.16 [gts.,]and Sy. No.796lEE, Ac.l.26 gts., situated at Chittaluru village, Shaligowraram Mandal, I
I
l
HON'BLE SRI JUSTTCE K" LAI(SHMANWRIT PEf,ITION No.4669O of 2ol22
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ORDER:
Heard learned counsel for the petitioner andlearned Assistant Government Pleader for Revenue.
2. The petitioner herein is claiming that he isabsolute owner and possessor of land admeasuringAc.3- 10 gtslnSy.No.8O1/31, Ac.0-23 gts1nSy.No.802/31, Ac.2-15 gts in Sy.No.8O3/1, Ac.1-O9 gtsin Sy.No.796/A, Ac.0-16 gts in Sy.No.796lAA, Ac-l-26gts1ri Sy.No.796/EE, situated at Chittaluru Village,Sha,ligowraram Mandal, Nalgonda District. In proof ofthe same, he has filed copy of old Pattadar passbook. Inthe latest Pattadar passbook, land admeasuringAc.3-1000 in Sy.No.8O1/31 and Ac.0-230O gts1nis mentioned and other extents areSy.No.8O2/31 missing. Therefore, he had submitted online applicationvide ID No.26T|2440OOO32i8 dated O9.O5.2022 with t}:,.e2"d respondent with a request to correct the aforesaid wrong entries. The said online application was rejected bythe 2"d respondent with one word i.e., "Rejected". The 2"arespondent did not assign any reasons and it is not areasoned c,rder. Any order passed by the 2.d respondentwithout reasons is an order without application of mindand it is nr.rllit5r. The rejection order is liable to be setaside.
3. Sri J.Ashvini Kumar, learned counsel for thepetitioner rvrulrl submit that petitioner belongs to BC-E,his caste narne is not mentioned in the Pattadarpassbook. Therefore, respondent No.2 is not issuingdigital Passt,ook. In proof of the same, he has liled copyof Community and Date of Birth Certificate datedll.O9.2O2O issued by respondent No.4. Therefore,respondent No.2 did not consider the same.
4. In view of the aforesaid discussion, withoutgoing into nrerits and demerits of the case, this WritPetition is clisposed of, settirrg aside the rejection order.Matter is remanded back to the 2"d respondent wittr a To, direction to consider the a-foresaid online applicationsubmitted by the petitioner afresh and pass appropriateorders in accordance with law by putting the petitionerand a1l affected parties on notice and allording them anopportunity of hearing. Il the 2"d respondent is notinclined to accept the request made by the petitioner, heshall assign specific reasons, pass a reasoned order,communicate copy of the said order to the petitioner andcomplete the said exercise within a period of eight (08)weeks frgm the date of receipt gf a copy of this ordgr.There sha]l be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
SD/-N.SRIHARIASSISTANT REGISTRAR
/iTRUE COPY//
SECTION OFFICOR
The Prl. S€cretary [to ][Govt. ][Secretariat, Hyderabad ][Revenue Department' ][State ][of]Telangana" [Hyderabad.]Telangana" [Hyderabad.]2. The District [Collector, Nalgonda ][District ][Collector's ][Office, ][at ][Nalgonda]
3. The Revenue Divisional [Officer, ][Nalgonda ][Division, ][At ][Nalgonda]
\
HIGH COUR]I
KLJDATED:30112,'ii:.022
ORDERe1S,,IWP.No.46690 [,tf ]2{t22K,'i 21 ;nr zon/l .. '-:\f f . .a 't)"WP IS DISPOSEDOF WITHOUT COSTS