WP/46535/2022 of Akula Dhasharatha Vs The State of Telangana on 29 December 2022

HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO:PRESENT:

THE HONOURABLE SRI JUSTICE K.LAKSHMANWRIT PETITION NO: 46535 OF 2022

Between:

Akula Dhasharatha, S/o. Akula Rangaiah, Aged about 56 years, Occ.Agriculture, Fl/o. H.No. 1-70, Sanghiguda, Shamshabad, Chinnagolkonda,Ranga Reddy District.' ...Petitioner AND1. The State of Telangana, Rep. by its Principal Secretary, ReveneueDepartment, Secretariat, BRK Bhavan, Hyderabad.1. The State of Telangana, Rep. by its Principal Secretary, ReveneueDepartment, Secretariat, BRK Bhavan, Hyderabad.

2. The District Collector, Ranga Reddy at Ranga Reddy District.

3. The Revenue Divisional Officer, Ranga Reddy at Ranga Reddy District.4. The Tahsildar, Sanghiguda Village, Shamshabad Mandal, Ranga ReddyDistrict.4. The Tahsildar, Sanghiguda Village, Shamshabad Mandal, Ranga ReddyDistrict.

...Respondents

Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue an order or orders more particularly one in the nature of the writof mandamus, by declaring the action of the Respondent No.2 to 4, in notissusing new pattadar passbook and title deed to the petitioner for the subjectproperty in Sy.No. 117l3Aa to an extent of Ac.2-19 guntas situated atSanghiguda Village, Shamshabad Mandal, Ranga Reddy District, by wronglyrecording as Lavuni patta inspite of representation dated 27.10.2022 lorespondent No.2 to 4, as illegal, arbitrary, unjust, violation of Rights guaranteedunder Article 14, 19 and 21 of the Constitution of lndia.

lA NO: 1 OF 2022

Petition under Section ['l ]51 CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may be [pleased ]todirect the Respondent No. 2 to 4 to issue new [pattadar ][passbook ]and title deedto the petitioner for the subject [property ]in Sy.No.1 17l3Aa to an extent of Ac.2-'19guntas situated at Sanghiguda Village, Shamshabad Mandal, Ranga ReddyDistrict.

Counsel for the Petitioner: SRl. CH VENKAT RAMAN

Counsel for the Respondent No.1 to 4: AGP FOR REVENUE

The Court made the following: ORDER

IION]'BI,Ii SRI JUSTICE K. LAKSHMAN

\\'RI'I' PETII'I0N No.46535 of 2022

ORI)ER:

llcarl learned counsel for the petitioner and, learnedAssistant Governrnent Pleader for Revenue for.respondents.2. Petitioner herein is clairning that he is the absolute owner andpossessor o1'land aclmeasuring Ac.02.19 guntas in survey No.l l7l3Aasituatcd at Sanghiguda village, Shamshabad Mandal. Ranga ReddyDistrict. ln prool ol' the same, he has filed copies of old pattapassbook. ancl I -B Certificate. He has submitted a writtenrepresentation datcd 27.10.2022 wtth respondent No.3 with a requestto issue new pattadhar passbook and title deed. Despite receiving andacknowiedging, respondent No.3 did not act upon. Therefore,, thepresent wnt petltlon.3. Whercas, [, ]he learned Assistant Govemment Pleader lbrRevenue, on inst ructions, would submit that the petitioner has tosubnrit online application with respondent No.2 in terms of C.C.L.,{.Circular No. I ol'1021 dated 15.01.2021 and he will consider the saidapplication and pass appropriate orders in accordance with law

4. It is relevant to note that in supersession of the TelanganaRights in Land and Pattadar Pass Book Act, 1971 (Act No.26 ofl97l), the State promulgated the Telangana fughts in Land andPattadar Pass Book Act, 2020 (Act No.9 of 2020) simptifiedprocedure of entries in revenue records" and confined to threecircumstances in which request can be made for alteration of entries inthcrevcnuerecordsi.e., sale/gift/mortgage,succession/survivorship/inheritance and by way of court decree.5. In view of the said discussion, this Writ Petition is disposed o f-,granting liberly to the petitioner to submit online application withrespondent No.2 in terms of the aforesaid circular and respondentNo.2 shall consider the application and pass appropriate orders, inaccordance with law, by putting the petitioner and all affected partieson notice and affording them opportunity of hearing. If respondentNo.2 is not inclined to accept the request made by the petitioner, heshall assign specific reasons and pass appropriate reasoned order, inaccordance with law, and shall communicate copy of the said order tothe petitioner and complete the said exercise within a period of eight(08) weeks fiom the date of filing of online application. l'here shall beno order as to costs.

/

I

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

HIGH COURT

KL.J

DATED:2911212022