Abbadi Vidyasagar Reddy v. The State Of Telangana

[ 3l6n I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 1663 OF 2023 Between:

Abbadi Vidyasagar Reddy, S/o. Chinna Reddy, Occ. Agriculture, R/o. H.No.2-4116, Parpelly Village, Laxmichanda Mandal, Nirmal District. ...PETITIONER AND l. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, S ecretariat, Hyderabad.

2. The Chief Commissioner of Land Administration, Nampally Station Road, Abids, Hyderabad, Telangana 50000 1 .

3. The District Collector, Nirmal, Nirmal District.

4. The Revenue Divisional Officer, Nirmal Division, Nirmal District.

5. The Tahsildar, Laxmichanda Mandal, Nirmal District. RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents 3 to 5 in non-considering the online application LM2300000207, dated 10J2,2022 of the petitioner and non-initiating to trace out missing land of the petitioner to an extent of Ac.O-1 I guntas in Survey No.

26ll13, which is situated at Parpelly Revenue Village Sivar, Laxmichanda Mandal, Nirmal District, as illegal, arbitrary and violative of Articles 14, 15, 2l and 300-4 of the Constitution of India and also violative of Natural justice and consequently to direct the Respondents 3 to 5 to consider the online application LM2300000207, dated 10.12.2022 of the petitioner and to trace out missing land of the petitioner to an extent of Ac.0- I I guntas in Survey No.26l1/3, which is situated at Parpelly Revenue Village Sivar, Laxmichanda Mandal, Nirmal District, in the interest ofjustice; IA NO: I 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 3 to 5 to consider the online application LM2300000207, dated 10.

12.2022 of the petitioner and to trace out missing land of the petitioner to an extent of Ac.0-l I guntas in Survey No.26/1/3, which is situated at Parpelly Revenue Village Sivar, Laxmichanda Mandal, Nirmal District Counsel for the Petitioner Counsel for the Respondents The Court made the following : SRI.

HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 1663 of 2o23 ORDER:

Heard Sri Rapolu Bhaskar, learned counsel appearing for the petitioner and learned Assistant Government Pleader for Revemre appearing for respondents. Perused the record.

The petitioner is claiming that he is the absolute owner and possessor of lands admeasuring Ac.3-05 gts., in Sy.No.2 6l I 13 situated at Parpally revenue village Shivar, Laxmichanda mandal, Nirmal District. He is also owner of land in other survey numbers. Ac.0-11 gts., in sy.No.26/l13 is missing in the new pattedar pass books and title deeds. In proof of the salne, he has filed copies of old and latest pattedar pass books and title deeds. He has submitted online application bearing No.LM23OOOOO2O7 dated 1o-12-2o22 to respondent No.3 with a request to correct the said missing entry. Despite receiving and acknowledging the said online application,

respondent No.3 did not act upon the same, therefore, the present writ petition.

Whereas learned Assistant Government Pleader for Revenue, or instructions, would submit that respondent No.3 will consider the said online application submitted by the petitioner and pass appropriate orders, 1n accordance with law.

In view of the aforesaid discussion, this writ petition is disposed of, directing respondent No.3 to consider the online application bearing No.LM23OO0O0207 dated 10- 1 2-2022 submitted by the petitioner and pass appropriate orders, in accordance with law by putting the petitioner and all affected parties on notice and affording them an opportunity of hearing. If respondent No.3 is not inclined to accept the claim / request of the petitioner, he shall assign specific reasons, pass a reasoned order and shall communicate copy of the said order to the petitioner. He shall complete the entire exercise within a

J period of eight (B) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if dflY, pending in the Writ Petition shall stand closed. SD/-K.SREERAMA MURTHY ASSISTANT REGISTRAR / ,V //TRUE COPYII SECTION OFFICER To, l. The Principal Secretary, Revenue Department, Secretariat, State of Telangana, Hyderabad

2. The Chief Commissioner of Land Administration, Nampally Station Road, Abids, Hyderabad, Telangana 50000 1.

3. The District Collector, Nirmal, Nirmal District.

4. The Revenue Divisional Officer, Nirmal Division, Nirmal District.

5. The Tahsildar, Laxmichanda Mandal, Nirmal District.

6. One CC to SRI. RAPOLU BHASKAR Advocate [OPUC]

7. Two CCs to AGP FOR REVENUE, High Court for the State of Telangana, Hyderabad. [OUT]

8. Two CD Copies

-7 HIGH COURT KLJ DATED:2310112023 J -t-- HE Iq I J u

ORDER

[ 3 FtB ?023 WP.No.l663 of 2023 t WRIT PETITTON IS DISPOSED OF WITHOUT COSTS