Karri Venkata Ramanamma , Kari Ramanamma v. The State Of Telangana
\ HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY PRESENT THE HON,BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 't8165 OF 2020 Between:
Karri Venkata Ramanamma @ Kari Ramanamma, W/o Krishnaiah, aged about 44 years, Occ Housewife, Ri/o. H.No.4-304, Chaparalapalli Village, Mulakalapalli Madal , Bhabradri Kothagudem District.
...pElloNER AND '1 . The State of Telangana, Rep. by its Principle Secretary, Revenue Department Secretariat, Hyderabad.
2. The District Collector, Bhadradri Kothagudem District.
3. The Revenue Divisional Officer,, Bhadradri Kothagudem, Bhadradri Kothagudem District.
4. The Tahsildar, Mulakalapalli, Bhadradri Kothagudem District. ...RESpoNoENTs 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 an appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring that the lnaction of the 4th respondent, in mutating the land to an extent of to an extent of Ac. 0.30 Guntas, of Agricultural wet Land in Survey No. 295lAA, situated at Chaparalapalli village, H/o. Ramchandrapuram, Mulakalapalli Mandal, Bhadradri Kothagudem District, in favour of the petitioner, pursuant to her representation dated 201612020, as illegal, arbitrary, contrary to law, being violative of the rights under Articles 14, 19 and 21 of the Constitution of lndia and consequently direct the fourth respondent to mutate the above said land in favour of the petitioner.
(Prayer is amend.ed as per Court order dated 18.06.2021 in l.A.No.'1 ot 2021) lA NO: 1 OF 2020 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 4th respondent, to mutate the land to an extent of to an extent of Ac. 0.30 Guntas, of Agricultural wet Land in Survey No. 295/AA, situated at Chaparalapalli village, H/o. Ramchandrapuram, Mulakalapalli Mandal, Bhadradri Kothagudem District, in favour of the petitioner, by duly disposing of the representation made by the petitioner, daled 201612020, pending disposal of the above writ petition (Prayer is amended as per Court order dated 18.06.2021 in l.A.No."l of 2021) lA NO: 2 OF 2020 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 permit
the petitioner to amend and substitute the cause title in respect of the petitioner as Karri Venkata Ramanamma @ Karri, Ramanamma, W/o Krishnaiah, aged about 44 years, Occ : Housewife, R/o. H.No. 4-307, Ramachand rapuram Village, Chaparalapalli Post, Mulakalapalli Madal, Bhabradri Kothagudem District instead of Karri Venkata Ramanamma @ Kari Ramanamma, W/o Krishnaiah, aged about 44 years, Occ : Housewife, R/o. H.No. 4-304, Chaparalapalli Village, Mulakalapalli Madal, Bhadradri Kothagudem District in W.P. (SR) No. 23221 of 2020, and also ln the lA.
Counsel for the Petitioner: SRI CH. VENKAT RAMAN Counsel for Respondents: ASSISTANT GP FOR REVENUE The Court made the following; ORDER
THE HON,BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION No.18165 of 2020 ORDER:
This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein, the following prayer is made.
"..,.to issue an appropriate writ, order or direction' more particularly one in the nature of Writ of Mandamus, declaring that the inaction of the 4th respondent, in mutating the land to an extent of Ac'o.3O Guntas of Agricultural wet Land in Survey No.295/AA, situated at Chaparalapalli Village H/o'
Ramchandrapuram, Mulakalapalli Mandal. Bhadradri Kothagudem District, in favour of the petitioner, pursuant to her representation dated 20.06.2O2O, as illegal, arbitrary, contrary to law, being violative of the rights under Articles 14, 19 and 21 of the Constitution of India and consequently, direct the fourth respondent to mutate the above said land in favour of the petitioner and pass such other order or orders.'." 2.
Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for respondents and perused the record.
3.
The learned counsel for the petitioner would submit that the petitioner is the owner and possessor of agricultural land admeasuring Ac.0.30 guntas in Sy.No.295lAA situated 'at Chaparalapalli Village, H/o.Ramchandrapuram, Mulakalapalli Mandal, Bhadradri Kothagudem District and he made an application dated 20.06.2020 before the respondent No'4-Tahsildar, Mulakalapali Mandal, seeking to mutate her name in the revenue records but till date no action has been taken by the respondents and ultimately requested this court to grant the relief as indicated a bove.
4.
On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents would submit that in view of enactment of Telangana Rights in Land and pattadar Pass Books Act, 2020 (Act 7 of 2020) by the Government of Telangana, the petitioner is required to follow the procedure contemplated under Section 6 (1) of the said Act for effecting any changes in the records of rights.
5.
Admittedly, no procedure as contemplated under Section 6(1) ofthe new Telangana Rights in Land and pattadar pass Books Act, 2020, has been followed by the petitioner. Therefore, the petitioner is directed to Follow the procedure contemplated under Section 6(1) of the said Act, within fifteen(15) days from today. On following such procedure, the respondent No.4-Tahsildar, is directed to examine and pass appropriate orders, in accordance with law, expeditiously, 6.
With the above observations, this Writ petition is disposed of. There shall be no order as to costs.
Miscellarieous petitions, if any, pending in this writ petition, shall stand closed.
SD/.K.SAILESHI ASSISTANT REGISTRAR NOIE: The Survey Number which is read as "Survey No.295/A' in the Prayer Portion and in the Order dated 03.1 1.2020 in W.P.No.18165 of 2020 is corrected as "Survey No.295/AA'' as per the Orders of the Hon'ble Court dated 18.06.2021 in l.A.No.'1 of 2021 in W.P.No.18165 of 2020.
This Amended Order shall substitute the earlier order which has already been dispatched on 09.11.2020 SD/. K. SAILESHI ASSISTANT REGISTRAR //TRUE copy// Gb SECTIOI.i OFFICER To, '1 . The Tahsildar, Mulakalapalli, Bhadradri Kothagudem District.
2. One CC to Sri Ch. Venkat Raman, Advocate IOPUCI
3. Two CCs to GP for Revenue, High Couh for ihe State of Telangana at Hyderabad. (OUT)
4. Two CD Copies MBC irD ^ #
I HIGH COURT DATED: 03/11/2020 DATED: '1810612021 -, rre c lAf( t ) Za5 1g JUL 2s2l i t st oF -s PAT C AIVNENDED ORDER WP.No.18165 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS nJ4 l( 1r