Telangana High Court
WP/46465/2022 of Anumula , Harijan Pakeeraiah Vs The State of Telangana on 29 December 2022
COURT FORTHE STATE OFTELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K,LAKSHMAN WRIT PETITION NO: 46465 OF 2022 Between: l. Anumula @ Harijar Pakeeraiah, S/o A . Balaiah, Occ Agricultue
HIGH COURT FORTHE STATE OFTELANGANAAT HYDERABAD(Special Original Jurisdiction)THURSDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWOPRESENT
THE HONOURABLE SRI JUSTICE K,LAKSHMANWRIT PETITION NO: 46465 OF 2022
Between:
l. Anumula @ Harijar Pakeeraiah, S/o A. Balaiah, Occ Agricultue Rio PathapallyVillage , Pebbair Mandal, Vanaparthi DistrictVillage , Pebbair Mandal, Vanaparthi District
2. Anumula @ Hrijan Sheshanna, S/o A. Balaiah, R-/o Pathapally Village ,PebbairMandal, Vanaparthi District.PebbairMandal, Vanaparthi District.
3. Anumula @ Harijan Chaithanya Bharathi, Wo A. Usen, Occ House wife RioPathapally Village , Pebbair Mandal, Vanaparthi District.Pathapally Village , Pebbair Mandal, Vanaparthi District.
4. Anumula @ Harijan Gangadhr, Sio A. Balaiah, Occ Agriculture R-/o PathapallyVillage , PebbairMandal, Vanaparthi DistrictVillage , PebbairMandal, Vanaparthi District
...PETTTIONER(S)
AND
l. The State of Telangan4 Rep.by its Principal Secretary Revenue Department, T.S.Secretariat, HyderabadSecretariat, Hyderabad
2. The District Collector, Wanaparthi District, Wanaparthi
3. The Revenue Divisional Officer,, Wanaparthy Revenue Division Wanapa(hi District
4. The Tahasildar,, PebbairMandal Pebbair, Wanaprthi District.
...RESPONDENTS
Petition under Article 226 of the Constitution of 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 MANDAMUS declaring the action of the respondents No. 3 and 4 in not mutatingthe names of the petitioners in the revenue records and not issuing the e-digitalizedpattadar pass books and title deed in respect of agriculture lands Ac. 3-39 guntas inSy.Nos 128 to 130 and 139 situated at Pathapally villagc, Pebbair Mandal, VanaparthiDistrict is illegal, arbitrary, contrary to the Telangana Rights in Land and pattadar passbooks Act, 2020 and consequently direct the respondents 3 and 4 to mutate the names ofthe petitioners in the revenue records by issuing e-digitclized pattadar pass books andtitle deed to the petitioners in respect ofthe above agricdture lands stated supra IA NO: 1 OF 2022
Petition under Section 151 CPC praying that in tlie circumstances stated in theaffidavit filed in support of the petition, the High Court may be pleased to direct the respondents to mutate the names of the petitioners in thc rcvenuc records by issuing e-digitalized pattadar pass books and title deeds in respect of agriculture lands Ac. 3-39guntas in Sy.Nos i28 t,r 130 & 139 situated at Pathapally village, Pebbair Mandal,Vanaparthi District forth,.vith pending disposal of the Writ petition Counscl for the Petitioner(s):SRl DR. KADIRI KRISHNAIAH
Counsel for the Respondents: GP FOR RXVENUEThe Court made the following: ORDER
HON'BLE SRI JUSTICE K. LAKSHMANIVRIT PETITION No.46465 of 20.22
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ORDER:
Heard leamed counsel for the petitioners and learnedAssistant Government Pleader for Revenue.2. Petitioners herein are claiming that their father andfather-in-law respectively late Anumula @ Harijan Balaiah was theabsolute owner and possessor of land admeasuring Ac.1-09 gts inSy.No.l28, Ac.l-38 gts in Sy.No.129 and Ac.0-32 gts in Sy.No.130,total admeasuring Ac.3-39 gts, situated at Pathapally Village, PebbairMandal, Wanaparthy District. He has purchased the aforesaid landunder two Sada-bi-namas including Sada-bi-nama dated 03.06.1997.The same were regularized. In proof of the same, leamed counsel forthe petitioners have hled copies of said 13(B) and l3(C) certificates.They have partitioned the aforesaid property and thereafter they havesubmitted representation dated21.12.2022 with respondent No.4 witha request to mutate their names and issue E-Pattaclar passbooks.Despite receiving and acknowledging the said representation,respondent No.4 did not act upon the same. Therefore, the presentWrit Petition.
3.
3.
3. Whereas, learned Assistant Govemment Pleader forRevenue has produced written instructions of respondent No.4,wherein it is specifically mentioned that land in Sy.Nos.128, 129 arLd130 of Pathapally Village is Ac.6-07 gts and details of the surveynumbers, extents, seller names and buyer names is also specificallymentioned. According to him, petitioners do not own any propertyand they are not in possession ofthe property. Therefore, he did notconsider the aforcsaid 13(B) and 13(C) certificates i.e., IIR/ROR/PPally 125/98 issued by respondent No.4. The said instructions areplaced on record.
4. In view of the aforesaid discussion, this Writ Petition isdisposed of directing respondent No.4 to consider the aforesaidrepresentation date'd 21.12.2022 submitted by the petitioners. Theaforesaid Sada-bi-nama dated 03.06.1997 and 13(B) and 13(C)certificates, pass appropriate orders strictly in accordance with law byputting the petitioners and all affected parties on notice and affordingthem an opportunity ofhearing. If, 46 respondent is not inclined toaccept the request rrade by the petitioners, he shall assign specificreasons and pass a reasoned order, communicate copy of the said I
To, order to the petitioners herein. He shall complete the said exercise asexpeditiously as possible. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in theWrit Petition shall stand closed.
SD/- L. SIVA PARVATHIASSISTANT REGISTRAR
//TRUE COPYII
\V
SECTION OFFICER
L The Principal Secretary Revenue Depa(ment, T.S. Secretaria! State ofTelangan4HyderabadHyderabad
2. The District Collector, Wanaparthi District, Wanaparthi
3. The Revenue.Divisional Officer, Wanaparthy Revenue Division Wanaparthi District
4. The Tahasildar, PebbairMandat Pebbair. Wanaprthi District.
5. One CC to SRI. DR. KADIRI KRISHNAIAH Advocate [OPUC]
6. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana. [OUT]
7. Two CD Copies
HIGH COURT
KLJ
DATED:29/1217,022
Ir.99TATE I..\ORDER('J.t).\\t $),'WP.No.46465 o1'2022oo St +DE3?,i;T
WP IS DISPOS]ID WITH NO COSTS