Gatla Shiva Kumar v. The State Of Telangana And 3 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY,THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 20733 OF 2022 Between:
Gatla Shiva Kumar, s/o N4allesham, r/o H.No.1-98/90, Sainagar, Durga Hyd era bad.
...PETITIONER AND aged about 25 years, occ. Tailor, Temple, Madhapur, Serilingampally,
1. The State of Telangana, rep. by its Principal Secretary, Revenue Department Secretariat, Hyderabad.
2. The District Collector, Warangal District, Warangal.
3. The Revenue Divisional Officer, Warangal, Warangal District.
4. The Tahsildar, Veleru lt4andal, Warangal District. ,RESPONDENTS Petition under Article 226 of \he Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent authorities in not including the lands in Sy.Nos. 443 and 444 admeasuring ac. 0.26 gts., and Ac. 0.13 gts., situated at Mallikudurla village, Veleru Mandal, Warangal District, in the pattadar pass book and title issued on 71812018 as per the Form-6(A) and verifying the Sale Deed bearing Doc.No. 141812015 dl. 131512015, inspite of the repeated visits, as being illegal, arbitrary, unjust and unconstitutional.
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 respondent authorities to include the Sy.Nos. 443 and 444 admeasuring Ac.0.26 gts., and Ac.0.13 gts., situated at [t/allikudurla village, Peleru Mandal, Warangal District, in the pattadar pass book and title deed issued on 71812018 as per the Sale Deed bearing Doc. No. 141812015 dl. 131512015 pending disposal of the main Writ Petition.
Counsel for the Petitioner : SRI KADARI ANJAMMA Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.2O733 of 2022 ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents. With their consent, this writ petition is disposed ol at the stage of admission.
2.
The grievance of the petitioner is that he has purchased agricultural land situated in Survey Nos.404, 443 and 444 admeasuring Ac.0.30 guntas, Ac.0.26 guntas and Ac. 13 guntas respectively situated at Mallikudurla Village, Dharmasagar Mandal, Warangal District, under a registered sale deed dated 13.05.2015 vide document No. 1418 of 2015. The petitioner made an application in Form VI-A of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 seeking mutation of his name in respect ol total extent of land admeasuring Ac. 1 . 18 guntas through online application No.MU02 160i027160, dated 27.O9.2016. But, the respondents instead mutating the name of the petitioner in respect of total extent of land i.e., Ac.1.28 guntas, mutated his name against Ac.O.11 guntas and Ac.O.1B guntas only in Survey Nos.404/Ac and 4O4l A2 and issued
\ a digital pattadar passbook in respect of said land only. Questioning the the action of the respondent in not including the lands in Survey No.443 and 444 admeasuring Ac.O.26 guntas and Ac.O. 13 guntas situated at Mallikudurla Viilage, the petitioner filed the present writ petition.
3.
However, during the course of arguments, learned counsel for the petitioner sought leave of this Court to permit the petitioner to make a representation to respondent No.2 to rectify the mistake of not including the lands situated in Survey No.443 and 444 admeasuring Ac.O.26 guntas and Ac.0.13 guntas in Dharani portal and for issuance of new digital pattadar passbook.
4.
In view of the same, the writ petition is disposed of and the petitioner is granted liberty to make a detailed representation to respondent No.2 seeking redressal of his grievance for updating the lands in Survey Nos.443 and 444 admeasuring Ac.O.26 guntas and Ac.O. 13 guntas situated at Mallikudurla Village, Dharmasagar Mandal, Warangal District, within a period of two weeks from today and on submission of such representation by the petitioner, respondent No.2 is directed to consider the same in accordance with law and pass
I appropriate orders within a period of eight ureeks from the date of submission of representation by the petitioner and communicate the said decision to the petitioner. Miscellaneous petitions, if any, pending in this q,rit petition shall stand closed.
SD/-P.PADMANABHA REDDY ASSISTANT REGISTRAR ,TRUE COPY// To, SECTION OFFICER
1. The Principal Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad.
2. The.District C6llector, Warangal District' Warangal.
3. The Revenue Divisional Officer, Warangal, Warangal District'
4. The Tahsildar, Veleru lvlandal, Warangal District.
5. One CC to M/s. Kadari Aniamma, Advocate IOPUC]
6. Two CCs to GP for Revenue , High Court for the State of Telangana at Hyderabad. [OUT]
7. Two CD Copies
8. One Spare Copy.
SITI
HIGH COURT DATED:2710412022 r ii: ui4 o t It""
l/o l() \,r^ (i g4 tlAY IU?J
ORDER
WP.No.20733 ol 2022 Dlr:-.- DISPOSING OF THE WP WITHOUT COSTS \ c lro