Cheemarlaamruthamma And Another v. The State Of Telangana And 6 Others
[ 3183 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 2542 OF 2022 Between:
1. Cheemarla Amruthamma, W/o years, Occ. Household, Rl/o.
Nagarkurnool District.
2. Cheemarla Laxma Reddy, S/o. Cheemarla Ram Reddy, Aged about 71 years, Occ. Retd.Employee. Rl/o. Dasupally Village of Telkapally Mandal, Nagarkurnool District.
Cheemarla Laxma Reddy, Aged about 66 Dasupally Village of Telkapally Mandal, ...PETIT!ONERS AND 1.
The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad. The District Collector, Nagarkumool, Nagarkurnool District, The Tahsildar, Telkapally Village andMandal,Nagarkumool District. Bommasani Anjamma, W/o. Late Bommasani Baraiah, Aged about 64 years, Occ. Agriculture.
Bommasani Ramu, S/o. Late Bommasani Baraiah, Aged about 44 yearc, Occ. Pvt. Driver.
Bommasani Shiva, S/o. Late Bommasani Baraiah, Aged about 42 yea$, Occ. Pvt. Employee.
Bommasani Venkatesh, S/o. Late Bommasani Baraiah, Aged about 30 years, Occ. Student, All are Rl/o. Telkapally Village and Mandal, Nagarkumool District ...RESPONDENTS Petition under Article 226 ol lhe Constitution of lndia 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 a Writ in the nature of Mandamus, declaring action of the Respondents, more particularly that of
Respondents 2 and 3 in not issuing the e-Patta Pass Books in favour of the Petitioners in respect of the subject land inspite of the fact that my name is reflected as Pattadar in the revenue records, but postponing only on the ground of pendency of O.S. No. 18712016 pending on the file of Hon'ble Junior Civil Judge, is challenged in this Writ Petition as being arbitrary, illegal and violative of Articles' 14, 19 (1) (g), 21 and 300-4 of the Constitution of lndia and consequently direct the Respondents 2 and 3 to initiate action and forthwith issue e-Pass BooUTitle Deeds in the name of the 1"t Petitioner in respect of the land in Sy. No. 67, admeasuring Ac. 1.05 Gts., situated within the limits of Telkapally Village and Mandal, Nagarkurnool District, without reference to pendency of O.S. No.
18712016 on the file of Hon'ble Junior Civil Judge. lA 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 2 and 3 to expeditiously dispose off the notices issued by the Counsel for the Petitioners to Respondent 2 and 3 on 1111112019,2210912020 and 1210112022, without reference to pendency of O.S. No. 187/2016 on the file of Honorable Junior Civil Judge.
Counsel for the Petitioners: SRI VIJAY B PAROPAKARI Counsel forthe Respondent No.1 to 3: AGP FOR REVENUE Counsel forthe Respondent No.4 to 7: SRI M. DAMODAR REDDY The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.2542 OF 2022 ORDER:(ORAL) This writ petition is filed by the petitioners seeking to declare action of respondents No.2 and 3 in not issuing e-pattadar passbook in respect of the land admeasuring Ac. I -05 guntas in Survey No.67, situated at Telkapally Village and Mandal, Nagarkumool District, as being illegal, arbitrary and unconstitutional. ?.
It is claimed that petitioner No. I is the owner and possessor of the subject land having purchased thc same under a registered sale deed bearing document No.l484 of l98l dated 03.07. l98l and her name was mutated in lhe revenue records in respect and she had been in possession and enjoyment of the subject land. It is submitted that respondents No.4 to 7, after a lapse of 35 years, filed a suit for declaration of title and injunction vide O.S. No.187 of 2016 on the hle of learned Junior Civil Judge, Nagarkurnool against the petitioners herein alleging that they are the owners and possessors of the subject land. They have also filed I.A. No.389 of 2016 in O.S. No. 187 of 2016 seeking to restrain the respondents therein (i.e. petitioners herein) from
.*/1., alienating the subject land and the same was dismissed by judgment dated 12.04.2018, against which no appeal was filed and the same has attained its finality. It is submitted that the petitioners approached the respondent authorities for issuance of e-pattadar passbook in respect of the subject land but the petitioners did not receive any response. The grievance of the petitioners is that the respondent authorities are not taking any steps in issuing e-paltadar passbook to the petitioners in respect of the subject land, as such, they are constrained to approach this Court.
3.
Heard leamed counsel for the petitioner and leamed Assistant Government Pleader for Revenue appearing for respondents. 4.
Leamed Assistant Govemment Pleader for Revenue submitted that the petitioners are required to submit Dharani application for issuance of e-pattadar passbook and on receipt of the same, appropriate action will be taken, in accordance with law. 5.
Recording the aforesaid submission, the writ petition is disposed of directing the petitioners to submit Dharani application seeking for issuance of e-pattadar passbook in respect of the land admeasuring
iii+ Ac.1-05 guntas in Survey No.67, situated at Telkapally Village and Mandal, Nagarkumool District and upon receipt of such application, respondents No.2 and 3 are directed to consider the same and pass orders, in accordance with law, within a period of forty five (45) days from the date of receipt of Dharani application. No order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. SD/-V.KAVITHA ./ ASSISTANT GIS //TRUE COPYII SECTIO FFICER To, 'l . The Principal Secretary, Revenue Department, Secretariat Buildings, The State of Telangana, Hyderabad.
2. The District Collector, Nagarkumool,Nagarkurnool District,
3. The Tahsildar, Telkapally Village andMandal,Nagarkumool District.
4. One CC to Sri Vijay B Paropakari, Advocate [OPUC]
5. One CC to Sri M. Damodar Reddy, Advocate[OPUC]
6. Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT]
7. Two CD Copies TJ GJP \}-,
HIGH COURT DATED:2911112023 { !{g STAr6 o q o 2 7 IEC 2[23 L)
ORDER
,-} WP.No.2542 ot 2022 * oggp4lrr''
'-1; ' 1 DISPOSING OF THE WRIT PETITION WITHOUT COSTS.