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High Court for State of TelanganaWP/477/2022disposed of no costs

Mrs. Vidya Vathigiri v. The State Of Telangana

2022-06-30Mummineni Sudheer Kumar6 pages

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 477 OF 2022 Between:

Mrs. Vidya VathiGiri, W/o (Late) Retd. Sub/Maj. GopalGiri, Aged about g5 years, Occ ; House Wife, Rl/o210, Gunrock Enclave, Secunderabad. Telangana State. ...PETITIONER AND

1. The State ofTelangana, Represented by its Principal Secretary Revenue Department, Secretariat Buildings, Hyderabad.

2. The Collector, R R District, Lakadi-Ka-Pul, Hyderabad.

3. The Revenue Divisional Officer, Ranga Reddy Division, Ranga Reddy District.

4. The Tahasildar, ShamirpetMandal, Ranga Reddy District. ...RESPONDENTS 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 writ, order or direction more particularly one in the nature of Writ of Mandamus a)to direct the respondents to issue of Patta Passbook and make entries in all the Revenue Records of land assigned and in possession of the Writ Petitioner b)to direct the Respondents and other interested parties should be ordered to refrained from interfering with the enjoyment of the assigned land in Sy. No. 51'1 , to the extent of Acres 5.00 Guntas in Village Aliabad, Shameerpet Mandal, Shameerpet, R. R. district or harass the Writ Petitioner in any form. c)Considering the old age as Petitioner is g5 years old and super senior citizen and ill-health of the Writ Petitioner. immediate implementation of this Court's orders to be done.

l.A.NO:1 OF 2022 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 respondents not to interfere with peaceful possession and enjoyment of the land in Sy. No. 511, to the extent of Acres 5.00 Guntas in Viltage Aliabad, Shameerpet Mandal, Shameerpet, R. R. district and also direct to issue pattadar pass books in favour of the petitioner, pending disposal of the main writ petition. Counsel for the Petitioner : SRI.SUSHIL KUMAR PANDEY Counsel for the Respondents : GP FOR REVENUE The Coufi made the following ORDER 'l

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO.477 0F 2n.)) ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue for the respondents' 2.

The petitioner herein is aged about 95 years and claims to be the wife of a Retired Major, by name Gopal Giri' According to tl:re counsel for the petitioner, the husband of the petitioner was assigned iand to an extent of Acs'5'O0 gts in Survey No'511 situated at Aliabad Village, Shameerpet Mandal, Ranga Reddy District, through certilicate No,B 12799 192 dated 27 '10 '1992 by recognizing the possession of the husband of the petitioner over the said extent of land since the year 1987' According to the petitioner, her husband has been in possession of the said extent of land and a survey has also been conducted by the respondent-authorities confirming the possession of the petitioner's husband over the said extent of land' 3.

It is aiso the case of the petitioner that, pursuant to a letter in Ref.No.N.DIS.Dl 11914189, the District Collector' the then Ranga Reddy District, has instructed the fourth respondent-Tahsildar to enquire into the matter and submit a detaiied report. Thereafter, a panchanama also said to have

W.P.NO.477 0F 2022 been conducted and the possession of the petitioner's husband was also recognized by the respondents. In spite of the fact that the said extent of land was assigned/ allotted in favour of the petitioner's husband, the same was not implemented in the revenue records. Under those circumstances, the husband of the petitioner has made several representations seeking implementation of the said extent of land in the revenue records but the husband of the petitioner died on 28.05.1993 and thereafter, the petitioner herein claims to have succeeded to the said extent of land. The petitioner also claims to be in continuous possession and enjoyment of the said extent for ail these years.

However, the same is not updated in the name of the petitioner in revenue records inciuding Dharani Portal and no pass book is issued in favour of the petitioner. Under those circumstances, the petitioner claims to have approached this Court by fi1ing W.P.No.33474 of 2021 and the said Writ Pelition came to be disposed of permitting the petitioner to submit online application on Dharani Portal by order dated 22.12.2021.

// W.P.NO.477 0F 2022 to submit a manual application to the second respondent requesting for mutation and updation of the said extent of land on Dharani Portal and for issuance of pattadar pass book' 4.

Taking into consideration the fact that the petitioner is aged about 95 Years and also wife of a Retired Major, who died in the year 1993, the petitioner is permitted to submit a detailed representation to the second respondent seeking mutation and updation of the subject land admeasuring Acs 5 00 gts in Survey No.511 of Aliyabad Village, Shameerpet Mandal, Ranga Reddy District, in the name of the petitioner and for issuance ol pattadar pass book within a period of two (2) weeks from the date of receipt of a copy of this order and on submission of such application/representation by the petitioner, the second respondent is directed to consider the same in accordance with law within a period of four (4) weeks from the date of submission of such application by the petitioner' 5.

With the above direction, this Writ Petition is disposed of' There shall be no order as to costs. Miscellaneous applications, if any, Pending shall stand closed. sd/. B. SATYAVATHI ASSISTANT REG IST //TRUE COPY// SECTION FFICER \ to ',. ,na Principal Secretary. Revenue Department' Secretariat Buildings' State of "

Telangand at Hyderabad'

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The Collector, R R District, LakadiKaPul, Hyderabad. The Revenue Divisional Officer, Ranga Reddy Division, Ranga Reddy District. The Tahasildar, ShamirpetMandat, Ranga Reddy District. Two CCs to GP FOR REVENUE, High Court for the State of Tetangana at Hyderabad. [OUT] One CC to SRI.SUSHIL KUMAR PANDEY, Advocate [OPUC] Two CD Copies One spare copy ,gk t) s.A

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HIGH COURT DATED:3010612022

ORDER

WP.No.477 of 2022 $t. Sial :.- ( o [1 Aiii 202 (:;

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l, \.*\ L)SspA rc.l DISPOSING OF THE W,P WITHOUT COSTS.

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