Kavali , Rajamouni Venkataiah v. The State Of Telanagana

[ 32561 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY,THE FOURTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUOHEER KUMAR WRIT PETITION NO: 35620 OF 2022 Between:

Kavali @ Rajamouni Venkataiah, S/o. Late Yellaiah, Aged about 72 years, Occ. Agriculture, R/o. Thummuluru Village, Mahaeshwaram Mandal, Ranga Reddy District, T.S.

...PETITIONER AND The State of Telanagana, Rep. by its Principal Secretary, Revenue Department, Government of Telangana, Secretariat Buildings, Hyderabad

2. The District Collector, Ranga Reddy Diskict, Lakidi-ka-pool, Hyderabad.

3. The Tahsildar -Cum- Joint Sub-Registrar, Kandukur Mandal, Ranga Reddy District.

...RESPONDENTS Petition under Article 226 of 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, Order or direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the 2nd Respondent in considering the Petitioner's representation dt.04-05-2022, vide its inwards No.1245212022d1. 06-05-022 to mutate Petitioner's name in the revenue records to an extent of Ac. 19-03 gts., in Sy. No.302, and Ac.2-02 gts., in Sy. No.303, total Ac.21-05 Gts., situated at Thummaluru Village, Maheshwaram Mandal, Ranga Reddy District, as illegal, irregular and against the principles of natural justice and offends the Art. 14,21 and 300-4 of the Constitution of lndia and consequentially direct the 2nd Respondent to mutate Petitioners name in the revenue records to an extent of Ac. '19-03 gts., in Sy. No.302, and Ac.2-02 gts., in Sy. No.303, total Ac.21-05 Gts., situated at Thummaluru Village, Maheshwaram Mandal, Ranga Reddy District, by l I

considering the Petitioners representation dt. 04-05-2022 vide its inwards No' 1245212022 dt. 06-05-022.

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 direct the 2nd Respondent to consider the Petitioners representation dl. 04-05-2022 vide its inwards No. 1245212022 dt. 06-05-022, pending disposal of the writ petition.

Counsel for the Petitioner:SRI. K.SANGAN NAIDU Counsel for the Respondents: ASST.GP FOR REVENUE The Court made the following: ORDER

HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR VRIT PETITION NO. 35620 OF 2022 Order:

Heard, Iearned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

2.

It is the case of the petitioners that they are absolute owners of the land situated in Sy Nos.302 and 303 admeasuring Ac.2-02 gts and Ac.21-05 gts respectively of Thummaluru Village, Maheshwaram Manal, Ranga Reddy District, having succeeded to the same from his ancestors and that the name of petitioner is also mutated in the revenue records and they were also issued old pattadar passbook, vide patta No.249 covering the said extent of land. However, after the land record updation programme in the State, the same is not updated and hence the petitioner claimed to have submitted an online application in Form-6A together with transaction No.TTMU0217014747tl, dated 04.09.2017 requesting for updating the same in the digital records. However, the said extent of land is not updated in the name of the petitioner' Having waited for considerable time and after introduction of Dharani portal, the petitioner claimed to have made an attempt to submit an online

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---;- \ WP No.35620 of 2022 application on Dharani portal, but due to technical reasons the petitioner could not submit an online application. Under those circumstance, he claimed to have submitted a written representation, dated 04.O5.2022 before respondent No.2 requesting for mutating the name of the petitioner in respect of subject land totallying Ac.23-O7 Gts, and the said representation was also acknowledge by the respondent No.2 on O5.O5.2O22. According to the learned counsel for the petitioner even after lapse of 4 months, the respondent No.2 has not initiated any action on the said representation submitted by the petitioner and hence prays for passing appropriate orders directing the respondent No.2, to forthwith consider the representation submitted by the petitioner. 3.

On the other hand, learned Assistant Government Pleader for Revenue submits that after introduction of Dharani portal it is only an online application that can considered by the respondent but not manual representation for rectification of entries or mutation of records.

4.

Taking into consideration the submission made on the either side especially the contention of the learned counsel for the petitioner that inspite of making an attempt to submit an online

WP No.35620 of 2022 application on Dharani Portal the same could not be submitted due to technical reason, this Court is of considered view that it would be appropriate to dispose of the writ petition at the admission stage without going into the merits of the case and accordingly writ petition is disposed of directing the respondent No.2 to take immediate action on the representation dated 04.O5.2022 submitted by the petitioner for mutation of the subject land in the name of the petitioner and to pass appropriate orders thereon by duly affording an opportunity of personal hearing to the petitioner, within a period of B weeks from the date of receipt of copy of this orders. 5.

Accordingly, the Writ Petition is disposed of. No costs. As a sequel, miscellaneous applications pending if any in this Writ Petition, shall stand closed.

SD/-P.PADMANABHA R ASSISTANT REGIS ED R //TRUE COPY// SECTION FFICER To,

1. The Principal Secretary, Revenue Department, State of Telanagana, _ covernment of Telangana, Secretaridt Buildinqs, Hyderabad. -

2. The District Collector, Ranga Reddy District, L;kidi_ka_pool. Hvderabad

3. The Tahsitdar -Cum- JointSub-Regjistrar, Kandukur n4jnOii, f,Jngi nJaOV District.

1. 9ne CC to SRl. K.SANGAN NATDU Advocate tOpUCl

5. Two CCs to GP FOR REVENUE,High Court tol.tfre State of Tetangana. tourl

6. Two CD Copies.

7. One Spare Copy.

l GB \IV i

HIGH COURT DATED:1 410912022 E sTArc c,"l ( (l _)o,) 01 Ntl\J 2ff/1

ORDER

;:i WP.No.35620 of 2022 DISPOSING OF THE WP WITHOUT COSTS.

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