Katroth Chander v. State Of Telangana
[ 3168 | HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 4973 OF 2023 Betwcen:
Katroth Chander, S/o Ganya, N o 2-93, Mohammed Nagar, Munirai, Kowdipally Mandal, Medak District ...PETITIONER AND I . State of Telangana, represented by its Principal Secretary, Revenue Department at Secretariat, Hyderabad
2. The District Collector, Medak District at Medak
3. The Tahsildar, Kowdipally Mandal, Medak 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 of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the action of Respondents in not changing the nature of land admeasuring Ac. 1.00 in Sy No. 284/912 (Old Sy No. 28414) situated at Mohammednagar Village, Kowdipallv Mandal, Medak District belonging to the petitioner, from assigned land to "patta land"and in wrongly recording the extent of petitioner's land as Ac.l.20 gts, as illegal, arbitrary, violative of Art.
14 and 300-A of Constitution of India and ultra vires the provisions of Telangana Rights in Land and Pattadar Passbooks Act,2020 (Act 9 of 2020) and to consequently direct the Respondents to forthwith consider the application made by petitioner on 10.12.2022 and correct the nature of above land as "patta land"in all the revenue records, including "record of rights" maintained under Section 3 of Telangana Rights in Land and Pattadar Passbooks Ac!2020 and also make necessary changes in Dharani Portal and issue new pattadar pass book to the petitioner by showing the nature of above land as "patta land", and also by deleting petitioner's land from prohibitory category list maintained in Dharani Portal and by correcting the extent of petitioner's land as Ac.1.00; Award costs.
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 Interim directions to the Respondents to forthwith consider the application. made by the petitioner on 10.12.2022 and issue new pattadar pass book to the petitioner in respect of land admeasuring Ac. 1.00 in Sy No. 284/912 (Old Sv No. 28414) situated at Mohammed nagar Village, Kowdipally Mandal, Medak District, by showing the nature of said land as "patta land", and also by deleting petitioner's land from the prohibitory category list maintained in Dharani Portal and by correcting the extent of petitioners land as Ac.1.00, pending disposal of W.P.No of 2023.
Counsel for the Petitioner:
Counscl for thc Respondcn ts:
The Court made thc follou ing:
SRI. SLDI.]EP REDDY S GP FOR REVENUE
// HON'BLE SRI JUSTICE K. LAKSHMAN WRITPEIffiON No.4973 of 2Q23 ORDER:
Heard Sri S. Sudeep Reddy, learned counsel appearing for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondents. Perused the record.
Petitioner herein is claiming that he is. the absolute owner and possessor of land admeasuring'Ac. 1-0O gts., 1n Sy.No.28a/912 (Old Sy.No.284l4) situated at Mohammednagar village, Kowdipally mandal, Medak district. According to him, it is patta land. He has filed copies of latest and old pattedar pass books and title deeds and also 13-B Certificate to contend that it is patta land. Now, in the Revenue records the said property is mentioned as 'assigned land'. Therefore, he has made online application bearing No.2200161053 dated |O-L2-2O22 with respondent No.2 with a request to correct the said wrong entry. Despite receiving and
acknowledging the said online application, respondent No.2 did not act upon the same, therefore, the present writ petition.
Whereas learned Assistant Government Pleader for Revenue, on instructions, would submit that respondent No.2 will consrder the saicl online application submitted by the petitioner and pass appropriate orders, 1n accordance with law.
In view o1'the aforesaid discussion, this writ petition is disposed of, directing respondent No.2 to consider the online application bearing No.220O 161O53 dated lO-12-2022 submitted by the petitioner and pass appropriate orders, in accordance with law by putting the petitioner on notice and affording him an opportunity of hearing. He shall also consider the instructions issued by the Chief Secretar5r in CCLA's Ref.No.CMRO1369ll2O22, dated 03-11-2022. If respondent No.2 is not inclined to accept the claim / request of the petitioner, he shall
/ l 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 period of eight
(8) 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 any, pending in the Writ Petition shall stand closed. SD/.A.V.S PRASAD ASSISTANT REGISTRAR qb //TRUE COPYII SECTION OFFICIIR To, I . The Principal Secretary, Revenue Department at Secretariat, State of Telangana, Hyderabad
2. The District Collector, Medak District at Medak
3. The Tahsildar, Kowdipally Mandal, Medak District
4. One CC to SRI. SUDEEP REDDY S Advocate [OPUC]
5. Two CCs to GP FOR REVENUE,High Court for the State of Telangana. [OUT]
6. Two CD Copies
HIGII COUIi'T KLJ DATEIT:2110212023 ORDI'R WP.No.4973 of 2023 i1*E STA raf o q .Jo \\l 0 3 iliAil 2fl71 t'..1o,.
/./ \ WRIT PETITION IS DISPOSED OF WITHOUT COSTS