WP/36990/2024 of Marepally Durgamma Vs The State of Telangana on 31 December 2024

ORDER:

This Writ Petition is filed under Artrcle 226 of the Constitutionof India for the following relief:

"..to rssue uit or order or direction more particularfu in the nature ofWit of Mandamus decloing the action of tLre respondent No.2 and 3 in notmutating the land in the name of the petitioner uide applicationNo.2400427130, dt.05.O7.2024 as illegal, arbitrary, against the pinciples ofnatural [justice, ]uithout authoitg of latu and against Article 3OO-A ofConstitution of India and consequently direct the respondent No.2 and 3 tomutate the land as claimed uide appltcation No.24OO427l30, dt.05.07.2o24and issue pattedar passbook and pass.."Wit of Mandamus decloing the action of tLre respondent No.2 and 3 in notmutating the land in the name of the petitioner uide applicationNo.2400427130, dt.05.O7.2024 as illegal, arbitrary, against the pinciples ofnatural [justice, ]uithout authoitg of latu and against Article 3OO-A ofConstitution of India and consequently direct the respondent No.2 and 3 tomutate the land as claimed uide appltcation No.24OO427l30, dt.05.07.2o24and issue pattedar passbook and pass.."

2. Considered the submissions of the learned counsel for therespective parties and with their consent this writ petition isdisposed of at the admission stage.

3. It is stated that the petitioner's son was the pattadar andpossessor of !h. land admeasuring Ac.O.36OO gts., inSy.No.193/y/1/1, Ac.0.08O0 in Sy.No.194/Ru/1/1, totaladmeasuring Ac. 1 .O4 gts., situated at Indugula Village,Mandugulapally Mandal, Nalgonda District and his narne wasrecorded in the revenue records and pattadar passbook was alsoissued in respect of the said property as per the provisions of theTelangana Rights in [,and and Pattadar Passbooks Act, 1971 and the CVBR, Jwp 36990_2024

Rules made thereunder. The case of the petitioner is that after thedeath of her son, she has made an application uide No.24OO427l3Oseeking for grant of Pouthi lzafa and, consequential issuance ofpattadar passbook in respect of the subject properqy as per theprovisions of the Telangana Rights in Land and Pattadar PassbooksAct,2O2O (for short, 'ROR Act, 2O2O). Tt,.e grievance of the petitioneris that the respondents are not considering the said application andpassing orders in accordance with law and in view of not consideringthe said application and not updating the revenue records, she is notin a position to enjoy the benefits of investment subsidies sanctionedby the Government under various schemes. Therefore, she has filedthe present writ petition.

4. Learned Assistant Government Pleader for Revenue hascontended that thc pctitioner has not produced any successioncertificate issued by any competent Civil Court and since, there areinterse clisputes between the petitioner and the wife of the deceasedson, they are not in a position to conduct enquiry for issuance ofmutation proceedings.

5. Keeping in view the relief sought for by the petitioner in thiswrit petition, ends of [justice ]would be met if the petitioner ispermitted to make a fresh online application in appropriate moduleof Dharani portal by duly enclosing the Consensus CVBR, Jwp_36990_2074

Statement/ Settlement Deed arrived at by the family members forsanction of Pouthi lzafa and consequential issuance of the pattadarpassbook in respect of the subject property as per the provisions ofthe Act, 2O2O, within a period of two (02) months from today. Onfiling such application, the Tahsildar is directed to conduct enquiryand pass appropriate orders after issuing notice to the petitioner andall other interested/ affected parties by way of granting successionrights and consequential issuance of the pattadar passbooks, withina period of three (03) months from the date of submission of the saidonline application.

6. With the above observations, this Writ Petition is disposed ofNo order as to costs.

As a sequel, the miscellaneous petitions, if any, pending in thiswrit petition shall stand closed.

SD/.T.JAYASREEASSISTANT [REGISTRAR]S cTloN [OFFICER]

//TRUE [COPY//]

To,

1. The Secretary, Department [of Revenue, Secretariat' ][T'S ]'Hyderabad'

z. ifre olstrict ifre olstrict olstrict [[i6ttector, ]][[Nalqonda ]][District']

z. ifre olstrict ifre olstrict olstrict [[i6ttector, ]][[Nalqonda ]]5. iii; i;ti;',ldar, [rv ][jougutapillv ][Man{a! ]!alsonda [District]

i;ti;',ldar, [[Man{a! ]]!alsonda ;. o;; bCi;-BAi. o;; bCi;-BAi. bCi;-BAi. [[K:liciiordnWAa ]]BEPdY, [[Advocate ]][[toPg-cl]][[court ]][[for ][the state ]][[the state ]][of Telansana ]

;. o;; bCi;-BAi. o;; bCi;-BAi. bCi;-BAi. [[K:liciiordnWAa ]]BEPdY, [[Advocate ]][[toPg-cl]];. iil; d6ri"-ci [rbn ][neve ][luE ][,Hish ][[court ]][[for ][the state ]][[the state ]][of Telansana ][at]Hyderabad [OUT]6. Two CD CoPies B TVI /BSKutv I

HIGH COURTDATED:31 11212024

ORDER165'=\WP.No.36990 of 2024)0 [3 ]APn [2025]ci,}0.ss!TC ccg DISPOSING OF THE WRIT PETITIONWITHOUT COSTS

-$:f

tLo