Khaja Bee v. State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) TUESDAY ,THE NINETEENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 18504 0F 2022 Between:
KhaiaBee.W/o.lateAbbasBagumagedabout56years,OccHousewife' R/o. tt. No.+-gSt 2, Pochamma Basti, Bollarua. Ale Bollarum, Medak, rep' by her GPA Holder Mohd. Abdul Mateen S/o.Mohd. Abdul Muheem ...PETITIONER AND
1. State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat, HYderabad.
2. The District Collector, Siddipet District
3. The Tahsildar, Komuravelli Mandal, Siddipet District' ...RESPONDENTS Petition under Article 226 of 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 one in the nature of Writ of tvlandamus declaring the action of the respondents in not considering the application of the petitioner dated 28.12.2021 vide Application No.2101175258 made for mutation in concerned revenue records by incorporating the name of the petitioner in respect of land bearing sy.No.120/E/3 admeasuring Ac.',1-04 Gts.' situated at Komuravelli Village and Mandal, siddipet District, as illegal' arbitrary, unjust, unconstitutional, violation of principles of natural justice and also contrary to the provisions of Telangana Rights in Land and Pattadar Passbooks Act, 2020' and consequently direct the respondents 2 and 3 to consider the representation of the petitioner dated 28.12.2021 vide Application No.2101175258'
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 3rd respondent to consider the representation of the petitioner dated 28.12.2021 vide Application No210'1 175258 made for mutation in concerned revenue records by incorporating the name of the petitioner in respect of land bearing Sy.No.120/E/3 admeasuring Ac.1-04 Gts situated at Komuravelli Village & IVandal, Siddipet District, pending disposal of d writ petition. Counsel for the Petitioner:SRl. MOHD MOIN AHMED QUADRI Counsel forthe Respondents: GP FOR REVENUE The Court made the following: ORDER
/,/ / THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.18504 of 2022 ORDER:
This Writ Petition is filed in the nature of Writ Mandamus declaring the action of the respondents in not considering the application of the petitioner dated 28.12.2021 vide Appiication No.2101175258 made for mutation in concerned Revenue records by incorporating the name of the petitioner in respect of land bearing Survey No.120/E/3 admeasuring Ac.i.04 gts, Komuravelli Village and Mandal, Siddipet District as illegal and arbitrary, contrar5r to the provisions of Telangana Rights in Land and Pattadar Passbooks Acl, 2O2O and consequently, direct second ald third respondents to consider the representation of the petitioner dated 28.12.2021 vide Application No.2101175258 and pass appropriate orders. 2.
Heard the learned counsel for the petitioner and learned Government Pleader for Revenue appearing for respondent Nos.1 to 3 and with their consent this Writ Petition is disposed of at the admission stage.
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\ MSK.J W.P.No.18504 of 2022
3. The learned counsel for the petitioner contended that the husband of the petitioner is the absolute owner and possessor of land admeasuring Ac.1.04 gts, Survey No.120/E/3, Komuravelli Village and 1n Mandal, Siddipet District and his name is also reflected in Dharani Portal as pattadar to the said extent of 1and. Husband of the petitioner died on 30,04.2021 , thertiAfter, the petitioner and famiiy members succeeded the said extent of land and they are in the peaceful possession and enjoyment of the same. Petitioner made an application for issuance of pattadar pass book in her name vide Application No.2101175258 dated 28.12.2021 in Dharani Portal and the same is pending consideration with the respondent. Even after a lapse of more than three (3) months the respondents have not considered the application.
4.
Taking into consideration of the facts and circumstances, especially the application of the petitioner is pending consideration, this Court is inclined to dispose
J MSK,J W.P.No.18504 of 2022 of the Writ Petition directing third respondent to consider the online Dharani Portal Application bearing No.2101175258 dated 28.L2.202l submitted bv the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. There is no order as to costs. 5.
The miscelianeous petitions pending, if arry, sha1l stand closed I SDIB.SATYAVATHI ASSISTANT REGIST //TRUE COPYII SECTION FICER To,
1. The Principal Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad.
The District Collector, Siddipet District The Tahsildar, Komuravelli Mandal, Siddipet District. One CC to SRl. MOHD MOIN AHMED QUADRT Advocate [OPUC] Two CCs to GP FOR REVENUE ,High Court for the State bf Tetahgana. touTI Two CD Copies.
One Spare Copy.
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HIGH COURT DATED:1 910412022 1El4
ORDER
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s (,) tu tx.o \\ WP.No.18504 of 2022 7/ c HctH DISPOSING OF THE WP WITHOUT COSTS.
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