Telangana High Court
WP/19817/2020 of Mrs. Amina Fathima and 3 Others Vs The State of Telangana and 3 Others on 31 December 2020
THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 19817 OF 2020 Between: 1. [/rs. Amina Fathima, W/o. Mr. Yavar Ali, aged 70 years, occ: house wife'
HIGH COURT FOR THE STATE [OF ][TELANGANA]AT HYDERABAD(SPecial Original Jurisdiction)
THURSDAY, THE THIRTY FIRST DAY OF [DECEMBER]TWO THOUSAND AND TWENTY
PRESENT
THE HONOURABLE DR. JUSTICE SHAMEEM [AKTHER]
WRIT PETITION NO: 19817 OF 2020
Between:
1. [/rs. Amina Fathima, [W/o. ][Mr. ][Yavar ][Ali, ][aged ][70 ][years, ][occ: ][house ][wife']R/o. H. No 5-3-867, ttilala kunta Road, [l\lloazamja ][hi ][Ma ][rket, ][Hyd era ][bad.]R/o. H. No 5-3-867, ttilala kunta Road, [l\lloazamja ][hi ][Ma ][rket, ][Hyd era ][bad.]2. lr/rs. Patricia Hassan, W/o. Late Shah [Ali ][Hassan, ][aged 71 Years, Occ: ][house]wife R/o. 23226 West. 71 street Tershawanee [Kansas, ][USA.]wife R/o. 23226 West. 71 street Tershawanee [Kansas, ][USA.]
3. Ms. Shanaaz Fathima, [D/o. ][Late Shah ][AIi ][Hassan, aged ][47 Years, Occ: ][House]wife Rl/o. 23226 West, 71 street [Tershawanee Kansas, ][USA]wife Rl/o. 23226 West, 71 street [Tershawanee Kansas, ][USA]
4. lvls. Alia Fathima, D/o. Late Shah [Ali ][Hassan, ][aged 35 Years, Occ: ][House wife]R1o.23226 West, 71 street Tershawanee [Kansas, USA. Petitioners ][2 ][to ][4 ][rep. ][by]GPA holder lvlr. Mir Fazle [Ali Adil, S/o. ][Ir/r. Mir ][Yavar ][Ali, ][aged 45 Years, ][Occ:]Business R/o. H.No 5-3-867, [IVlalakunta ][Road' Moazamjahi Market, ][Hyderabqd.]...PETITIONERSR1o.23226 West, 71 street Tershawanee [Kansas, USA. Petitioners ][2 ][to ][4 ][rep. ][by]GPA holder lvlr. Mir Fazle [Ali Adil, S/o. ][Ir/r. Mir ][Yavar ][Ali, ][aged 45 Years, ][Occ:]Business R/o. H.No 5-3-867, [IVlalakunta ][Road' Moazamjahi Market, ][Hyderabqd.]...PETITIONERS
AND
1. The State of Telangana, rep. by [its Principal Secretary, Revenue Development]Department, Secretariat, [Hyderabad.]Department, Secretariat, [Hyderabad.]
2, The District Collector, Vikarabad District.
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3. The Revenue Divisional Officer, The Revenue Divisional Officer, Revenue Divisional Officer, [[Vikarabad.]]
3. The Revenue Divisional Officer, The Revenue Divisional Officer, Revenue Divisional Officer, [[Vikarabad.]]4. The Tahsidar, Dharoor Mandal, [Vikarabad ]District. 4. The Tahsidar, Dharoor Mandal, [Vikarabad ]District.
...RES'ONDENTS
Petition under Article 226 of the [Constitution ][of ][lndia ][praying ][that ][in ][the]circumstances stated in the affidavit [filed therewith, the ][High ][court ][may be pleased ][to]issue order or direction more [particularly ][one ][in ][the ][nature ][of ][writ ][of ][IMANDAIMUS]declaring the action of the respondents [more ][particularly ][that of the ][4th ][respondent ][in]not updating and not including the [land ][of ][the ][petitioners ][i.e., ][all ][that ][land]admeasuring Ac.19-32 [gts in ]Sy. [No.3B5/AA,386/4A,390/AA,392/AA' ][395/AA ][and]436/4A of the 1"r [petitioner ]and [land ][admeasuring ][Ac ][39-'16Gts ][in ][Sy. ][No. ][385/A,]386/4, 390/A, 392/A, 395/4 and [436/4 ][belongs ][to ][petitioners ][2 ][to ][4' ][situated ][at]Dharoor Village and lvlandal, [Vikarabad District, for issuance of digitalized patta ][pass]book, in terms of [procedure contemplated ][under ][CCLA Circular ][No.1 ][ref ][No.]CMROl342l17, dated 09/09/2017, [without ][any ][notice ][or ][without any enquiry and ][not]considering the representations date'17/09/2019 [and ][1311012020 ][as ][being ][arbitrary,]lllegal, violative of Principles of Natural Justice [and ][Art. 14, ][19, ][21 ][and 300-A ][of]Constitution of lndia and against the [provisions of ][T.S ][Land in Pattadar Passbook ][and]Title Deed Act, ["1971 ]and consequently direct [the ][41h ][respondent ][to ][update ][the]revenue records and issue digitalized [patta pass books ][in ][favour ][of ][petitioners ][i.e]land admeasuring Ac. 19-32 [gts ]in Sy. No.385/AA,386/AA,390/AA, [392lAA,395/AA]and 436/AA situated at Dharoor Village [Dharoor Mandal, Vikarabad District ][in ][favour]of the 1st [petitioner ]and land admeasuring [Ac ][39-1 ][6Gts ][in ][Sy. ][No. 385/A, ][386/A,]390/4, 392/A, 395/A and 436/4 situated at [Dharoor ][Village ][Dharoor ][[Vlandal,]Vikarabad District in favour of the [petitioners ]2lo [4 ]and [to grant]
lA NO: 1 OF 2020
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Petition under Section 151 CPC [praying ]that in the circumstances [stated ][in the]affidavit filed in support of the [petition, ]the High Court [may be pleased ][to ][direct ][the ][4th]respondent to consider the representation dated [1710912019 ][and ][1311012020 ][of ][the]petitioners, to update the revenue records and for issuance of digitalized [patta ][pass]books in favour of [petitioners ]in respect [of the ][petitioners ][land ][i.e ][all that ][the ][land]admeasuring Ac.19-32 [gts ]in Sy. No. 3B5/AA, 386/A4, 390/AA, [392lAA, 395/AA ][and]436/AA situated at Dharoor Village Dharoor Mandal, Vikarabad [District ][in ][favour ][of ]['1't]petitioner and land admeasuring Ac 39-16Gts in Sy. No. 385/4, 386/4, 390/A, 392/4,395/A and 436/A situated at Dharoor Village Dharoor [Mandal, Vikarabad ][District ][in]favour of the [petitioners ]2 to 4, [pending ]disposal of the Writ Petition Counsel for the Petitioner: SRI G.THIRUPATHI REDDYCounsel for the Respondents: GP FOR REVENUE
The Court made the following: ORDER
ORDER
This Writ Petition, under Article 226 of the Constitution ofIndia is filed by the petitioners, wherein the following prayer ismade:
"... to issue order or direction more particularly one in thenature of writ of MANDAMUS declaring the action of therespondents more particularly that of the 4th respondentin not updating and not including the land of thepetitioners i.e., all that Iand admeasuring Ac.19-32 gts inSy.No.385/AA, 385/AA, 390/AA, 392/AA, 395/AA &436/AA of the 1st petitioner and land admeasuringAc 39-16cts in Sy. No. 385/A, 386/A, 390/A,, 392/A,395/A & 436/A belongs to petitioners 2 to 4, situated atDharoor Village and lt4andal, Vikarabad District, forissuance of digitalized patta pass book, in terms ofprocedure contemplated under CCLA Circular No. l refNo. CMRO/342/17, dated 09.09.2017, without any noticeor without any enquiry and not considering therepresentations date17.09.2019 and 13.10.2020 as beingarbitrary, Illegal, violative of Principles of Natural lusticeand Art. 14, L9, 27 and 300-A of Constitution of India andagainst the provisions of T.S Land in Pattadar Passbookand Title Deed Act, 1971 and consequently direct the 4threspondent to update the revenue records and issuedigitalized patta pass books in favour of petitioners i.eland admeasuring Ac. 19-32 gts in Sy. No. 385/AA,386/AA, 39O/AA, 392/AA, 395/AA & 436/AA situated atDharoor Village Dharoor lvlandal, Vikarabad District infavour of the 1't petitioner and Iand admeasuringAc 39-16cts in Sy. No. 385/A, 386/A, 39O/A, 392/A,395/A and 436/4 situated at Dharoor Village DharoorMandal, Vikarabad District in favour of the petitioners 2 to4 and to grant such other relief or reliefs ...."
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2. Heard the learned counsel for both [sides ][and ][perused ][the]record.
2. Heard the learned counsel for both [sides ][and ][perused ][the]record.
3. The material [placed ]on record and the [submissions ][made]on behalf of the [petitioners reveal ]that [petitioner No.1 ][is ][the]absolute owner and [possessor ][oF ][land admeasuring ][Ac.19-32 ][gts.]in Survey Nos.385/AA, 386/AA, 390/AA, 392/AA, 395/AA and436/AA and petitioner Nos.2 to 4 are the owners and [possessors]of land admeasuring Ac.39-16 [gts. ]in Survey Nos.3B5/A, 396/A,390/A, 392/A, 395/4 and 436/A situated at Dharoor Village andMandal, Vikarabad District, having succeeded the same by wayof inheritance. Petitioner Nos.2 to 4 acquired the [property ]fromtheir father, Shah Ali Hassan, who died on 28.08.2016.Respondent No.4-Tahsildar, Dharoor Mandal, vide proceedings,dated 18.04.1994, ordered to incorporate the name of petitionerNo.1 and late Shah Ali Hassan, father of petitioner Nos.2 to 4, inthe revenue records by deleting the name of the ancestor of thepetitioners. Respondent No.4-Tahsildar also issued pattadar passbooks and title deeds in favour of petitioner No.1 and late ShahAli Hassan in respect of the subject lands. Form 1-B also reflectstheir names in respect of the subject lands. Their names werereflected in the revenue records till 2017 and thereafter, there isomission with regard to the entries in the revenue records inrespect of the subject lands. The petitioners neither alienatednor conveyed the subject lands in any manner whatsoever toany [person. ]Therefore, petitioner No.1 made representations,dated 17.09.2019 and 13.10.2020, before the respondent authorities seeking to issue new pattadar pass books in respectof the subject lands, but till date, no action has been taken onthe said representations and ultimately, prayed to grant therelief sought for in this Writ petition, as indicated above.
4, There is no dispute with regardto the filing ofrepresentations, dated 17 .Og.2olg and73.10.2020, bypetitioner No.1. Admittedly, no action has been taken on thesaid representations so far. Much time has been elapsed. By thistime, the respondent authorities ought to have disposed of thesaid representations.
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5. Under these circumstances, respondent No,4_Tahsildar,Dharoor Mandar, vikarabad District, is directed to examine anddispose of the representations, dated t7.Og.2llg and13'10.2020, submitted by petitioner No.1, in accordance withlaw, within a period of two (2) months from the date of receiptof a copy of this order.
6. With the above directions, this Writ petition is disposed of.There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ petitionshall stand closed.shall stand closed.
SD/. R.KARTHIKEYANASSISTANT REGISTRAR//TRUE COPY//l- ,'SECTION OFFICER
To1. The Tahsidar, [Dharoor [\/andal, Vikarabad ][Dis-t1qt,.-]i. On" cCio Sri [G.Thirupathi ][Reddv, ][Advocate ][[OPUC]]3. iffi CCs to [CCfot ][Revenue, ][High ][Court ][for ][the State ][of ][Telangana ][at]Hyderabad [OUT]4. Two CD CoPiesKj " [HIGH COURT]
DATED:31 [11212020]
l ELr/<9'"1,AIv*sIriro\LulF---=oc<a^i-o:*.) H9-#I0s1 )c&-
ORDER
WP.No.19817 [of ][2020]
DISPOSING OF THE [WRIT ][PETITION]WITHOUT COSTS.
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