Thikka Raja Mallaiah v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 35270 OF 2022 Between:
Thikka Raja Mallaiah, S/o. Late Mallaiah, Aged B0 years, Occ.Agriculture, Rl/o. H. No. 32-3-37 1, Palivelupula, Hanamkonda, Hanamkonda District. ,..PETITIONER AND The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.
The District Collector, Hanamkonda District.
The Tahsildar, Hanamkonda Mandal, Hanamkonda 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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.2 and 3 in not issuing e-passbook in favour of the petitioner in respect of land in Sy.No. 413/2 admeasuring Ac. '1 .02gts situated at Palivelupula Village, Hanamkonda Mandal, Hanamkonda District as illegal, arbitrary, contrary to the provisions of Telangana Rights in Land and Pattadar Passbooks Act consequently direct the respondents 2 and 3 to consider the representation dt. 0610512022.
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 respondents 2 and 3 to consider the representation dt. 0610512022 made by the petitioner, pending disposal of the above Writ Petition. Counsel for the Petitioner:SRl. J.VENKATESWARA REDDY Counsel for the Respondents: ASST.
THE HON'BLE SRI JUSTICE MUMMINENI SUDHI'ER KUMAR WRIT PETITION No.35270 OF 2022 ORDT}R:
Heard learned counsel for the petitioner and learned Assistant Government pleader for Revenue.
2.
It is the case of the petitioner that he is the absolute owner and possessor of land admeasuring Ac. 1.O2 guntas in Survey No.4I3/2 of palivelpula Village, Hanamkonda Mandal, l Hanakonda District, besides several other extents of lands. After introduction of land records updation programme in the State, though the other extents of lands are updated in the digital records, the subject land is not updated and he was not issued digital pattadar passbook. According to learned counsel for the petitioner, the petitioner is in possession of land admeasuring Ac.l.02 guntas and he was also issued old pattadar passbook with patta No.Sl duly including the subject lands. It is further contended that after introduction Dharani Portal, the said extent of land is updated in the name of the petitioner on Dharani portal, but the petitioner was not issued e-pattadar passbook covering the subject land. Hence, the petitioner claimed to have approached the respondent authorities by submitting a representation dated 06.05.2022 | ---
'2 requesting for issuance of e-pattadar passbook in respect of the land admeasuring Ac. l.O2 guntas. But, the said representation is not considered by the respondents even after lapse of more than three months. Hence, learned counsel for the petitioner seeks intervention of this Court to direct the respondents to consider the said representation dated 06.05.2022 submitted by the petitioner.
3.
On the other hand, learned Assistant Government Pleader for Revenue submitted that after introduction of Dharani Portal, it is only the online applications that can be considered and the manual representations could not be considered by the respondents. He further submitted that if the petitioner makes an online application seeking redressal of his grievance, the same would be considered by the respondents in accordance with law.
4.
Taking into consideration the submissions made on either side, the writ petition is disposed of permitting the petitioner to submit an online application under the appropriate module requesting for issuance of e-pattadar passbook in respect of land admeasuring Ac. 1.02 guntas in Survey No.413/2 of Palivelpula Village, Hanamkonda Mandal, Hanakonda District, i t
within a period of trvo weeks from the date of receipt of copy of this order and on submission of such application, respondent No.2 shall consider the said online application and pass appropriate orders, in accordance with [aw, within a period of eight weeks from the date of submission of the online application by the petitioner.
5.
It is further directed that respondent No.2, while considering the online application submitted by the petitioner, shall put all the persons interested on notice and then pass orders, as directed above.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
SD/.L.SIVA PARV ASSISTANT REGIS ,TRUE COPY// SECTION FICER \ To,
1. The Principal Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad.
2. The District Collector, Hanamkonda District.
3. The Tahsildar, Hanamkonda Mandal, Hanamkonda District.
4. One CC to SRl. J.VENKATESWARA REDDY Advocate [OPUC]
5. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana. louTt
6. Two CD Copies.
7. One [)pare Co pv GB PS
HIGH COURT DATE D : 1 210912022 I, r Sl-.q fE
ORDER
l, C) 21 0tT 2$U WP.No.35270 of 2022 DISPOSING OF THE WP WITHOIJT COSTS.
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