Kasani Hari Prasad, v. The State Of Telangana,
[ 31681 HIGH COURT FOR THE STATE OF TELANGANA '
AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENry THREE PRESENT THE HONOUR,ABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 626 OF 2023 Between:
Kasani Hari Prasad, S/o Late Laxman Rao. Aged about 35 years, Occ: Agriculture, R/o H.No. 54-124,23to wa'd, Station Basti, Yellandu Town, Bhadradri Kothagudem District.
...PETITIONER AND
1. The State of Telangana, Rep.by its Principal Secretary to the Government, Tribal Welfare Department, Seiretariat Buildings, Secretariat, Hyderabad.
2. The Diskict Collector, Kothagudem at Bhadradri Kothagudem District.
3. The Revenue Divisional Officer, Kothagudem at Bhadradri Kothagudem District.
4. The Tahsildhar, Yellandu, Bhadradri Kothagudem District. ...RESPONDENTS Petition.under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pteased to issue an appropriate writ, order or direction more particularly one in the nature of the Writ of Mandamus, questioning the adi6h of respondent authoritieS particularly the respondent. No.4 in not issuing the Patta Passbooks by implementing the 2nd respondent directions in RC. No. Egl2368l2020' daled 9-7 -2020., as illegal arbitrary and against the principles of natural justice and. in contrary to the existing laws. Consequently, to direct the respondents authorities to conduct the necessary filed enquiry and issue Patta Passbooks by considering the petitioner's representation, dated: 15-6-2020, Land Tax Receipt' Pahanis for the yeat 2009, 2010, 2013 and 2015, '1 B certificate dated: 15-1 1-2017 , pending disposal of the writ petition.
lA NO: 1 OF 2023 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 authorities to conduct the necessary tiled enquiry and issue Patta Passbooks by considering the petitioner's representation, dated: 15-6-2020, Land Tax Receipt, Pahanis for the year 2009, 2010, 2013 and 2015, 1B certificate dated: 15-1 1-2017 , pending disposal of the writ petition. a Counsel for the Petitioner: SRI CHALAKANT VENKAT YADAV Counsel for the Respondent No.1: GP FOR SOCIAL WELFARE Counsel for the Respondents No.2 to 4: AGP FOR REVENUE The Court made the following: ORDER
HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.626 of 2o23 ORDER:
Heard Sri Chalakani Venkat Ya{av, learned counsel appearing for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondents. Perused the record.
The petitioner is claiming that his father was the absolute owner and possessor of land admeasuring Ac.2-00 gts., in Sy.No.549 situated at Rompedu village, Yellandu Mandal, Bhadradi-Kothagudem district. In proof of the same, he has liled copies of 1-B Certificate dated l5-ll-2o17, passbook and other revenue records. After his death, petitioner herein had submitted representation dated 18-06-2O2O with respondent No.2 with a request to mutate his name and issue E-pattedar passbook. On receipt of said representation, respondent No.2 vide his proceedings Rc.No.tr3/236812O2O, dated O9-O7-2O2O requested respondent NO.4 to go through the contents of \ \
the petition, enquiry with reference to field and record and take necessary action as per rules in vogue without any delay under intimation to the petitioner and the ofhce of respondent No.2. Despite the sar.ne, respondent No.4 did not act upon the same, therefore, the present writ petition.
Whereas learned Assistant Government Pleader for Revenue, on instructions, would submit that both respondent Nos.2 and 4 will consider the aforesaid representation and request made by the petitioner on consideration of the documents submitted by him and also on conducting field inspection and pass appropriate orders, in accordance with law.
In view of the aforesaid discussion, this writ petition 1S disposed of, directing respondent Nos.2 and 4 to consider the aforesaid representation dated 18-06-2020, along with documents including 1-B Certificate dated l5-ll-2O17 and proceedings dated O9-O7-2O2O, submitted by the petitioner and pass appropriate orders, (
,7 ( in accordance with law by putting the petitioner and all alfected parties on notice and affording them an opportunity of hearing. If respondent Nos.2 and 4 are not inclined to accept the claim / request of the petitioner, they sha-lt assign specific reasons, pass a reasoned order and shall communicate copy of the said order to the petitioner. They shall complete the entire exercise within a period of eight (8) weeks from the date of receipt of a copy ofthis order. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. SD/.K.AMMAJI ASSISTANT REGISTRAR {-t SECTION OFFICER To,
1. The District Collector, Kothagudem, Bhadradri Kothagudem District.
2. The Tahsildhar, Yellandu, Bhadradri Kothagudem District.
3. One CC to SRI CHALAKANI VENKAT YADAV, Advocate tOpUCI
4. Two CCs to GP FOR SOCIAL WELFARE, High Court for the State of Telangana at Hyderabad [OUT]
5. Two CC's to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]
6. Two CD Copies \ //TRUE COPY// BB LS nrY K'
HIGH COURT DATED: 0910112023
ORDER
TAI.c S aW.P.No.626 of 2023 tre * ,!
3 12 o -f JAlt 2023 ,+ i/ €3P.4rc reo '
I DISPOSING OF THE WRIT PETITION WITHOUT COSTS