Owais Saddiqe v. The State Of Telangana
[ 3183 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYOERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION NO: 32132 0F 2023 Between:
Owais Saddiqe, S/o_Azam, aged 62 years, occ. Cultivation, Rt/o H.No.4-6_9, Kumarpalli, Azeem Estate, Hahmakorida Warangal District AND ...PET!T|ONER
1. The State of Telangana, rep by its Principal Secretary (Revenue) Secretariat, Hyderabad.
2. The District Collector, Jayashankar Bhupalapalli District. Bhupalapalli.
3. The Revenue Divisional Officer, Bhupalapalli Division, Jayashank'ar Bhupalapalli District.
4. The Tahsildar, Malhanao, Jayashankar Bhupalapalli District. ...RESPONDENTS 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 pass an order or direction or writ in the nature of Mandamus duly declaring the action of the respondents in not considering the online application vide 2300076394, dated 0110512023 seeking the rectification of entries in the pattadar pass book in respect of my lands in Sy Number B4lA, at Nacharam Village, Malhararao Mandal, Jayashankar Bhupalapalli District as illegal, arbitrary and. against the principles of natural justice and violation of rights under Article 300(4) of Constitution of India and consequently, direct the respondents to consider the above application and correct the entries as prayed for therein in the interest of justice.
lA NO: 1 oF 2023 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 to consider the application vide 2300076394, dated 0110512023 seeking the rectification of entries in the pattadar pass book in respect of my lands in Sy Number 841A, at Nacharam Village, Malhararao Mandal, Jayashankar Bhupalapalli District and correct the entries as prayed for therein in the interest of justice.
Counsel for the Petitioner: SRI P. RAMA SHARANA SHARMA Counsel for the Respondents: ASST. GP FOR REVENUE The Court made the following: ORDER
) HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.32132 OF 2023 ORDER:(ORAL) This writ petition is filed seeking a declaration that the action of the respondent authorities in not considering online Application No.2300076394, dated 01 .05.2023, submitted by the petitioner for rectification of entries in pattadar passbook and revenue records in respect of the land to an extent of Acs.5-00 guntas in Survey No.84/A situated at Nacharam Village, Malhararao Mandal, Jayashankar Bhupalapalli District, as illegal, arbitrary and unconstitutional.
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, and perused the material available on record.
3. lt is stated that the petitioner inherited the aforesaid land from his ancestors. ln the old pahanies, the name of the petitioner and also the names of his family members were recorded correctly. While so, when the petitioner was issued Dharani passbook, the extent of lanrJ was shown as Acs.3-10 guntas though he has been in physical possession and enjoyment of entire extent of five acres. On noticing the said discrepancy in the pattadar passbook, the petitioner approached I respondent Nos.3 and 4 seeking rectification of entries. On being I advised, the petitioner submitted online Application No.2300076394 I I
BVR.J W P.No.l2 B2 2021 dated 01.05.2023 seeking rectification of entries, however the same has not been acted upon and there is inordinate delay in considering the said application, as such, the petitioner is constrained to approach this Court.
4. Learned Assistant Government pleader for Revenue submitted that appropriate action wi, be taken on onrine Apprication of the petitioner.
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Recording the aforesaid submissions of the rearned Assistant Government pleader for Revenue, this writ petition is disposed of directing respondent Nos.2 to 4 to consider online Application No. 2300076394 dated 01 .05.2023 submitted by the petitioner for rectification of entries in pattadar passbook and revenue records in respect of the land to an extent of Acs.5_00 guntas in Survey No.g4lA situated at Nacharam Village, Malhararao Mandal, Jayashankar Bhupalapalli District, by issuing notice to the concerned/interested persons and pass orders in accordance with law within a period of two
(02) months from the date of receipt of a copy of this order. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
t SD/. V. HARI PRASAD ASSISTANT REGISTRAR *i//'
SECTION OFFICER \ //TRUE COPYII To,1. The District Collector, Jayashankar Bhupalapalli District. Bhupalapalli.
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2. The Revenue Divisional Officer, Bhupalapalli Division, Jayashankar Bhupalapalli District.
3. The Tahsildar, f\,4alharrao, Jayashankar Bhupalapalli Diskict.
4. One CC to SRI P. RAMA SHARANA SHARMA, Advocate IOPUCI
5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana lourl
6. Two CD Copies BN GJPNrt\,,--- i I I I t-.
\ \ HIGH COURT DATED:2211112023 G ST,\IG oA /-< q,) o )+ u 1'\ 0til ?tzl i L/'
ORDER
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L) WP.No.32132 of 2023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS .\N