K.Veena Vani Sree v. The State Of Telangana
[ 3183 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 1375 OF 2024 Between:
K.Veena Vani Sree, W/o. Radha Krishna, Aged about 45 years, Occ. Business, Rl/o. Flat No.502, 5th floor, Jayasekhara, Green Estate Colony, Karmanghat, Balapur Mandal, Rangareddy District. ...pETlTlONER AND
1. The State Of Telangana, Rep. by its. Principal Secretary Revenue Department, Secretariat Hyderabad.
2. The Chief Commissioner Of Land Administration, Represented by its Commissioner. Office At Opposite Annapurna Hotel, Abids, Hyderabad.
3. The Collector, Jangaon District.
4. The Tahsildar Cum Sub-Registrar, Jangaon, Jangaon District. RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate writ, order or direction, more particularly in the nature of Writ of Mandamus, declaring the action -of the Respondent No.3 and 4 in rejecting the Mutation Application No,2300004966 in respect of land admeasuring Ac.0.04Gts, in Plot No.29 in Sy.No.
154/T, situated at Yerragollapahad village and Gram Panchayath, Jangaon Revenue Mandal, Jangaon District without assigning any valid reason is illegal, arbitrary, against to the Telangana Rights in land and pattadhar Pass Book Act 2020, against the Principles of Natural Justice and Article 300 A of constitution of lndia and consequently to suspend the same and Direct the Respondent No.3 to mutate the name of Petitioner in respect of Ac.0.04Gts, in Plot No.29 in sy.No.
lA NO: 'l OF 2024 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 Suspend order/of the Respondent No.3 in respect of mutation application No. 2300004966 while directing the Respondents to mutate the name of Petitioner in respect of land admeasuring Ac.0.04Gts, in Plot No.29 in Sy.No.154/T situated at Yerragollapahad village and Gram Panchayath, Jangaon Mandal, Jangaon District pending disposal of writ petition.
Counsel for the Petitioner: SRI K.PRADEEP REDDY Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER
HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.1375 OF 2024 SDEB:(oRAL) This writ petition is filed aggrieved by the action of respondent No.3-Collector, Jangaon District, in rejecting Dharani Application No.2300004966, of the petitioner for mutation of her name in revenue records in respect of the land admeasuring Ac.0-04 Gts., in Plot No.29 in Survey No.154ff situated at Yerragollapahad Village and Gram Panchayat, Jangaon Revenue Mandal, Jangaon District, without recording anY reasons.
2.
Petitioner claims to have purchased the aforesaid subject land under registered sale deed bearing document No.8696 of 2019 dated 22.06.2O1g from the previous owner Mr. Vanga Rajeshwar for valuable sale consideration. lt is submitted that though the extent of the subject land is Acs.0-04 Gts, equivalent to 484 sq. yards, the same was purchased as agricultural land. Even as per the schedule annexed to the sale deed, there were sandal wood trees in the land, thus, the primary purpose for which the land was used was agriculture and there is no conversion of land to non-agriculture purpose. lt is submitted that mutation application of the petitioner was rejected without assigning any reasons.
3.
Heard leamed counsel for the petitioner and learned Assistant Govemment Pleader for Revenue, and perused the material available on record.
4.
Learned Assistant Government Pleader for Revenue submitted that though reasons have not been recorded in the impugned rejection order, it appears that the land is converted into plots and, prima facie, the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O are not applicable.
S.
However, learned counsel for the petitioner submitted that the subject land is still used for agriculture purpose and the same is evident from the schedule annexed to the sale deed showing that the land was covered by sandal wood trees.
6.
ln the above facts and circumstances, without entering into the merits of the case, the writ petition is allowed setting aside the impugned rejection order as the same is passed without recording any reasons and is in violation of principles of natural justice. The matter is remitted to respondent No.3 who shall re-consider Dharani Application No. 2300004966 of the petitioner by issuing notice to the petitioner and other interested persons and pass a reasoned order, in accordance with law, within a period of two (02) months from the date of receipt of a copy of this order. No order as to costs
,/ As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
SD/.A.V.S.PRASAD ASSISTANT REGIS;TRAR //TRUE COPY// ('/ SECTION OFFICER To The State Of Telangana, Rep. by its. Principal Secretary Revenue Department, Secretariat Hyderabad.
Th6 Chief Commissioner Of Land Administration, Represented by its Commissioner. Office At Opposite Annapurna Hotel, Abids, Hyderabad. The Collector, Jangaon District.
The Tahsildar Cum Sub-Registrar, Jangaon, Jangaon District' One CC to SRI K.PRADEEP REDDY, Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies v \ J PSK.
CJP
HIGH COURT DATED:2210112024
ORDER
1 \-\e STAfc'
WP.No.1375 of 2024 q ( t f,o.J 3 0 i!\ 2!24 * * i.'Ck\ri tlto,.
^ ALLOWING THE WRIT PETITION WITHOUT COSTS.
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