Bomma Bapu Reddy v. The State Of Telangana

[ 31681 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITIO N NO: 9739 OF 2024 Between:

Bomma Bapu Reddy, S/o. Late Ram Reddy, Age 59 years' Occ; Employee, Rl/o iandur Vittdge and Mandal, Adilabad District, Presently Mancherial District. .....PETITIONER AND

1. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

2. The Chief Commissioner of Land Administration, State of Telangana, Hyderabad.

3. The District Collector, Mancherial District, Mancherial.

4. The Revenue Divisional Officer, Bellampally, Mancherial District'.

5. The Tahsildar, Tandur Mandal, Mancherial 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 a writ of Mandamus declaring the action of the respondents in not issuing the Digitalized Pattedar Pass Book and -not incorporating the name of the petitioner in online revenue records as per the orders passed by the Sth respondent vide proceedings no.MUT/15/17IOOO17l2O1B, dated 05.09.2018 and proceedings no. A/06/2018' dated 13.04.2018 in respect of the lands to an extent of Ac'0'20 gts in Sy'No' 7O2t1tAl1t2 (old Sy.No.70211), situated at Tandur Village and Mandal, Mancherial District, inspite of submitting the online application in TM-33 module on 11.O7.2023 as per the directions of the 3rd respondent vide proceedings no.

821011316612023, dated 08.O7.2023, as illegal, arbitrary, violation of principles of natural justice and contrary to rules and consequently direct the respondents to issue the digitalized pattedar pass book and title deed in favour of the petitioner in respect of the land to an extent of Ac.0.20 gts in Sy.No. 702l1lAl1l2 (Old Sy.No.70211 ), situated at Tandur Village and Mandal, Mancherial District as per the orders passed by the sth respondent vide proceedings no.MUT/15i1 710008712018, dated 05.09.20'18 and proceedings no. 4/06/2018, dated 13.04.2018 by considering the online application submitted by the petitioner under TM-33 module, vide application no. 2300'1 10421 (Transaction l.D.No. 02T061800005329), dated '1 1.07.2023 in the anterest of justice. |.A.

NO:1 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 direct the respondents to issue the digitalized pattedar pass book and title deed in favour of the petitioner in respect of the land to an extent of Ac.0.20 gts in Sy.No. 70211/Al112 (Old Sy.No.70211 ), situated at Tandur Village and Mandal, Mancherial. District as per the orders passed by the 5th respondent vide proceedings no.MUT I 1 51 17 |OOO87 I 201 8, dated 05.09.201 I and proceedings no. A1061201B, dated 13.04.20'18 by considering the online application submitted by the petitioner under TM-33 module, vide application no. 23OO110421 (Transaction l.D.No. 02T061800005329), dated '1 1.07.2023 in the interest of justice pending disposal of the above writ petition.

Counsel for the Petitioner : SRI S.

HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITIO N No.9739 o12024 ORDER:

Heard Sri Surender Reddy, learned counsel for the petitioner and Sri Somu Srinivas Reddy, learned Assistant Government Pleader for Revenue appearing on behalf of respondents. 2.

Petitioner is claiming that he is the absolute owner and possessor of the land admeasuring Ac.0.20 gts in Sy'No'702lllN2 (old Sy.No.702ll) situated at Tandur Village and Mandal, Mancherial District. Vide proceedings dated 13.04.2018 and 05'09'2018' respondent No.5 requested respondent No.3 to mutate the name of the petitioner and issue E-Pattadar Passbook in respect of the subject property. Petitioner has also submitted online application dated 22.12.2022 with respondent No.3 with a iequest to mutate his name and issue E-Pattadar Passbook in respect ofthe subject property' The same was not considered. Therefore, he has filed W'P'No'1E54 of 2023 seeking a direction to respondent No.3 to consider the said online application. Vide order dated 24.01.2023, this Court disposed of the said Writ Petition, directing respondent No.3 to consider the said online application and pass appropriate orders in accordance with

:7 law within a period of eight (g) weeks. In compliance of the said order, respondent No.3 has passed order dated Og.O7.2023,requesting the petitioner to submit online application in TM33 Modification request application in Dharani portal. Therefore, he has submitted online application vide ID No.02T06 I g00005329, dared l r.07 .2023 in the said portal. Despite receiving and acknowredging the said online application, respondent No.3 did not consider the same. Therefore, the present Writ Petition.

3.

Learned Assistant Government pleader for Revenue has produced written instructions of respondent No.5, wherein it is stated that the said grievance of the petitioner is considerable and recommended. The said written instructions are placed on record. In the light of the aforesaid discussion, this writ petition is disposed of, directing respondent No.3 to consider the online application vide ID No.02T06lg0OOO532}, dated 11.07.2023 submitted by the petitioner and pass appropriate orders in accordance with law by putting the petitioner on notice and affording him an opportunity. If, respondent No.3 is not inclined to accept the request made by the petitioner, he shall assign specific reasons and pass a

-7 reasoned order, communicate copy of the said order to the petitioner and complete the said exercise within a period of eight (08) 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 ASS!STANT REGIST //TRUE COPY// SECTION OFFICER To

1. The Principal Secretary, Revenue Department, Secretariat, State of Telangana at HYderabad.

2. :|he Ciief Commissioner of Land Administration, State of Telangana, Hvderabad.

Tlie District Collector, Mancherial District, Mancherial' ih" R"u"ru" Divisional Officer, Bellampally, Mancherial District' The Tahsildar, Tandur Mandal, Mancherial District' Two CCs to GP For Revenue, High Court forthe State of Telangana at Hyderabad. [OUT] Z. One CC to Sh S.Surender Reddy, Advocate [OPUC] Two CD Copies 8.

SA KKS s

,I I , HIGH COURT DATED:1 610412024 o. 1 dE si,.;{ o $ c i.J a I i 1 B APf, 2O2I r) 1 .r.'

.., rr i:li'' -i.'\i\ '' '

t,

ORDER

WP.No.9739 of 2024 DISPOSING OF THE W.P WITHOUT COSTS.

$