Aithanaboina Rama Rao v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO: 1 3437 0F 2021 Between:

Aithanaboina Rama Rao, S/o Veeraiah Aged about 40 years, Occ. Advocate, Rl/o Flat No. 502, Plot No. 100, Shiva Sai Residency, Hayathnagar, R. R. District. ...PETITIONER AND The State of Telangana, Rep. by its Prl Secretary, Revenue Department, Secretariat, Hyderabad.

The District Collector, Surypet District.

The Revenue Divisional Officer, Kodad Division, Suryapet District. Asst Director of Survey of Land Records, Kodad Division, Suryapet District. TheTahsildhar,Chilukurult4andal,SuryapetDistrict. ...RES'ONDENTS a Petition under Article 226 o'f 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 order or direction declaring the inaction of the Respondent No.4 in considering the representation of the Petitioner DT.2010512021 for issuance of Pattadhar Pass Books in his favour in respect of the Agriculture land to an extent of Ac.1-16gts in Sy No.1155, situated at Chilukuru Village and Mandal, Suryapet District, as illegal, arbitrary, and u nconstitutional and consequently direct the Respondent No.4 to issue new Pattadhar Pass Books in favour of the Petitioner, in respect of the Agriculture land to an extent of Ac.1-16gts in Sy No.1155, situated at Chilukuru Village and. lvlandal, Suryapet District.

lA NO: 1 OF 2021 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 Respondent No. 4 to issue new Pattadhar Pass Books in favour of the Petitioner, in respect of the Agriculture land to an extent of Ac.1 -1 6gts in Sy No.'1 1 55, situated at Chilukuru Village and Mandal, Suryapet District, basing on the representation of the Petitioner D|.2010512021.

Counsel for the Petitioner : SRI RAPOLU BHASKAR Counsel for the Respondents: AGP FOR REVENUE The Court at the stage of admission made the following: ORDER

PNR,J lY.P No. !3437 of 2021 HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13437 of2O2L ORDER:

This Writ Petition is fi1ed praying to grant the following relief "to issue a Writ of Mandamus or any other appropriate writ order or direction declaring the inaction of the Respondent No.4 in considering the representation of the Petitioner dated 2O.O5.2O21 for issuance of Pattadar Pass Books in his favour in respect of the Agriculture land to an extent of Acs. 1- 16 guntas in Sy.No.1155, situated at Chilukuru Village and Mandal, Suryapet District, as illegal, arbitrary, and unconstitutional and consequently direct the Respondent No.4 to issue new pattadar pass books in favour of the petitioner, in aspect of the agriculture land to an extent ofAcs.l-16 guntas in Sy.No.1155, situated at Chilukuru Village and Mandal, Suryapet District, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case". 2.

Heard Sri Rapolu Bhaskar, learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for respondents.

3.

Petitioner claims to be the pattadar and in possession of Ac.1.16 guntas of land in Sy.No.l 155 of Chilukuru Village and Mandal, Suryapet District. The grievance of the petitioner is against the reflection of his land under the heading "Land 'Ilpe" as "NALA Land" 'in Dharani Web Portal. According to petitioner, he never applied for conversion of agricultural land into nonagricultural purposes and, therefore, reflection of the land as nonagricultural land is per se illegal. He claimed to have made a representation on 20.O5.2021 , requesting the District Collector to delete the type of land. Alleging inaction on the said representation, this writ petition is filed.

PN&J w.P.No.l3$7 of 202 t 4.

Since representation was made only on 20.O5.2021, sent through registered post on 27 .O5.2O21, he could not have immediately rushed to this Court. In the normal circumstances, the Court dismisses the writ petition on that ground alone. However, even this representation is not maintainable as the respondent-revenue authorities are not entertaining any request made in physical form. If a person has a grievance, he must avail the procedure evolved and make an application through Dharani Web Portal. Apparently, so far, no such application is made. However, if what is contended by the petitioner is true, then the same is required to be attended on priority basis. Otherwise, it would deprive the benefits extended by the Government from time to time.

5.

Therefore, Writ Petition is disposed of, granting liberty to petitioner to make an application through Dharani Web Portal requesting the District Collector to look into his grievance. He shall also upload all the relevant documents in support of his claim. 6.

Having regard to the powers conferred by the Chief Commissioner of Land Administration on the District Collector, under Circular No. 1 of 2021, dated 15.01.2027' the District Collector shall consider the grievance of the petitioner and if it is found that by mistake the land status is shown as "NALA LAND", he shall issue orders directing correction. On the contrary, if the District Collector is not in agreement with the claim of the petitioner, he shal1 pass orders assigning reasons in support of his decision and communicate the same to the petitioner. The entire exercise shall be completed within a period of ten weeks from the

PNR,J W P.No.13437 of2o2l date of submission of the application' Pending miscellaneous petitions, if any, shal1 stand closed'

SD/. I.NAGALAKSHMI ASSISTANT REGISTRA //TRUE COPY// I SECTION OFFICER To,

1. The Prl Secretary, Revenue Department, State of Telangana, Secretariat, Hvderabad.

2. The District Collector, Surypet District.

3. The Revenue Divisional Ofiicer, Kodad Division, Suryapet District' +. nsst Director of Survey of Land Records, Kodad Division, Suryapet District'

5. The Tahsildhar, Chilukuru Mandal, Suryapet District.

6. One CC to Sri Rapolu Bhaskar, Advocate tOPUql

7. Two CCs to GP foi Revenue, High Court for the State of Telangana at Hyderabad. [OUT]

8. Two CD Copies

9. One Spare Copy d sm \

HIGH COURT DATED:171OG12021

ORDER

( 1$E s IA 16, WP.No.13437 ot 2021 ,^ e c C) .i!

2I JUN 2021 \ + Y- \ -s ft .S PAT DISPOSING OF THE WP AT THE STAGE OF ADMISSION WITHOUT COSTS \\