Konda Shiva Ram Prasad v. The State Of Telangana And 2 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY,THE FIFTH DAY OF IVARCH TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO: 5009 OF 2021 Between:
Konda Shiva Ram Prasad, S/o. Konda Agaiah, Aged about 54 years. Occ. Agriculture, R/o. H.No. 4-4-771112, G-6 Sri Sai Laxmi Towers, Veera Reddy Colony, Nacharam, Hyderabad- 500 076.
.,.PETITIONER AND
1. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.
2. The District Collector, Warangal (Rural) District.
3. The Tahsildar, Shayampet Mandal, Warangal (Rural) 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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondent No. 3 in entering petitioner's agriculture land to an extent of Ac.2.11 gts. in Sy.No. 119'1/E situated at Peddakodepaka Village, Shayampet Mandal, Warangal Rural District in the new pattadar passbook bearing No. T22'1400'1 1239 issued to the petitioner, pursuant to the direction of the Respondent No.2 and also pursuant to petitioners applications dt.
0511012020, 1611112020, 1810112021 as illegal, arbitrary, unjust and contrary to the settled principles of law and consequently direct the Respondents to enter the agriculture land to an extent of Ac.2.11 gts. in Sy.No. 1'191/E situated at Dedda kodepaka Village, Shayampet Mandal, Warangal Rural District in the new pattadar passbook bearing No. T221400'1 1239 issued to the petitioner and also correct the father's name of the petitioner in the new pattadar passbook. lA NO: 1 OF 2021 Petition under Section 15'1 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 No. 2 and 3 to consider the petitioners applications dated. 05/10/2020, 1611112020, 1810112021 and enter the agriculture land to an extent of Ac.2.11 gts. in Sy.No.
1 19'l/E situated at Peddakodepaka Village, Shayampet Mandal, Warangal Rural District in the new pattadar passbook bearing No. T2214001 1239 issued to the petitioner and also correct the fathers name of the petitioner in the new pattadar passbook, pending disposal of the writ petition. Counsel for the Petitioner : SRI E.
THE HON'BLE SRI JUSTICE P. NAVEEN RAO 1VRIT PETITION No.SOO9 OF 2O2l ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for the respondents. With the consent of both the learned counsel, writ petition is disposed of at the admission stage.
2.
Petitioner claims to be the owner of land to an extent of Acs.2.15 guntas in Survey No.1191/D and Acs.2.11 guntas in Survey No. 1 191/E total land admeasuring Acs.4.26 guntas of Peddkondepaka Viliage, Shayampet Mandal, Warangal Rural District. He was issued new pattadar passbook bearing No.T22140011239. In the new pattadar passbook bearing Khata No.2503, father of petitioner is shown as Konda Venkataiah instead of Konda Agaiah and in Survey No.1191/E the extent of land is not reflected. Aggrieved by the same, petitioner submitted representation to the District Collector, Warangal Rural District, on 05.10.2020, followed by another representation, dated L6.ll.2O2O and l8.Ol.2O2L. On 01.12.2O2O, the Additional Collector, Warangal Rural District, addressed a letter to the Tahsildar, Shayampet Mandal, directing him to take necessary action on the claim of the petitioner, but so far no action is taken. 3.
In other words, the grievance of the petitioner is on wrong entries made in the new pattadar passbook with reference to the name of petitioner's father and extent of land in one of the survey numbers.
4.
In supersession of the Telangana Rights in Land and Pattadar Passbooks Act, i971 (the Act 26 of L9T1l, the State of Telangana enacted the Act 9 of 2O2O. The Act 9 of 2O2O has not provided any mechanism to redress the grievance. 5.
However, in order to attend such grievances, the Chief Commissioner of Land Administration issued Circular No.1 of 2027, dated 15.01..2021, directing the revenue authorities to deal with the issues arising out of the entries in the revenue records and issuance of pattadar passbooks. Paragraph (F) of the said Circuiar deals with 'missing extents of land in pattadar passbooks'. This paragraph enables a person to request the District Collector concerned to look into the grievance. Further, the aggrieved person is required to fill application through 'DHARANI'web portal ventilating the grievance and on filing such application, the District Collector concerned is required to consider the same and attend to the said grievance.
6.
In view of the same, the writ petition is disposed of granting liberty to the petitioner to ventilate his grievance by filing application through 'DHARANI' web portal and on filing such application, the District Collector concerned is directed to examine the claim of the petitioner and take necessary steps as warranted by law. The entire exercise shall be completed within a period of six weeks from the date of submission of such application. Pending miscellaneous petitions, if any, shall stand closed. SD/.K.ONESIM //rRUE coPY// ASSlsrANr Rfillznen SECTION OFFICER To,
1. The Principal Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad.
2. The District Collector, Warangal (Rural) District.
3. The Tahsildar, Shayampet IVandal, Warangal (Rural) District.
4. One CC to Sri E. Venkata Reddy, Advocate [OPUC]
5. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] \
6. Two'CD Copiei \'-$:- S11-I
HIGH COURT DATED:05/03/2021
ORDER
TAr4i s e y{ WP.No.5009 of 2021 15 t,1AR EzI co * , PA1C DISPOSING OF THE WP WITHOUT COSTS @S*,^