Smt. Kethavath Manjula v. The State Of Telangana And 3 Others
| 3168 | HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI) (Special Original Jurisdiction) FRIDAY,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO:39737 OF 2022 Between:
Smt. Kethavath Manjulq Wo Kethavath Srinu @ Srinivas aged 36 year, Occ. Agriculture R/o H.No. 6-25, Lokya Thanda, Mallapur village And Mandal, Kothur, Ranga Reddy district ...PETITTONER(S) AND l. The State ofTelangana, Rep.by its Principal Secretary Revenue Department, TS Secretaria! Hyderabad.
2. The District Collector, Ranga Reddy District At Lakdikapool, Hyderabad.
3. The Revenue Divisional Officer, Shadnagar, Ranga Reddy district
4. The Tahsildar, Nandigama 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 action of the Respondents 2 to 4 in not incorporating the petitioner name in the revenue records and not issuing the pattadar pass books in respect of Agriculture land Ac. 2-20 in Sy.No.
2221233EE1 situated at Cheguru village, Nandigama Mandal, Ranga Reddy district is illegal, arbitrary contrary to Telangana State lands in rights and pattadar pass book Act,2020 and violation of Article 14, 16, and 300A of the Constitution of India and consequently direct the respondents 2 to 4 to incorporate the name of the petitioner in the revenue records in respect of agriculture land Ac. 2-20 in Sy.No. 2221233EE1 situated at Cheguru village, Nandigama Mandal, Ranga Reddy district by issuing pattadar pass book to the petitioner, IA 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 to 4 to incorporate the name of the petitioner in the revenue records in respect ofl agriculture land Ac.
2-20 in Sy.No.
/ Counsel for the Petitioncr(s):SRl. M VENKATA NARASHIMHA REDDY Counsel for the Respondents: GP FOR REVENUE (TG) The Court made the following: ORDER
HON'BLE SRI JUSTICE K. LAKSHMAN UIRIT PETITION No.39737 of 2o22 ORDER:
Heard leamed counsel for the petitioner and learned Assistant Govemment Pleader for Revenue.
2.
This Writ Petition is filed to declare the action of the respondent Nos.2 to 4 in not incorporating the petitioner name in the revenue records and not issuing the pattadar passbook in respect of Agricultural land Ac.2-20 guntas in Sy.No.222l233EEl situated at Cheguru village, Nandigama Mandal, Ranga Reddy Dishict is illegal and consequently direct the respondent Nos.2 to 4 to incorporate the name of the petitioner in the revenue records in respect of the above land and issue new pattadar passbook in lbvor of petitioner. 3.
The petitioner herein is claiming that she is the absolute owner and possessor of land admeasuring Ac.02-20 guntas tn Sy.No.222l233EEl situated at Cheguru village, Nandigama Mandal, Ranga Reddy District. The petitioner herein has acquired the said property from her husband through a registered settlement deed bearing document No.1228 of 2019 d,ated, 02.02.2019. In proof of the same she has filed old patta passbook issued in favour of her husband and other
revenue records. She had filed online application No. 2200112340 dated 23.09.2022 with the 2nd respondent with a request to issue new Patta Passbooks cum title deed in respect of the aforesaid property. Despite receiving and acknowledging the said online application, the 2nd respondent did not act upon the same. Therefore, the present Writ Petition.
4.
Whereas, the learned Assistant Government Pleader for Revenue, on instructions, would submit that respondent No. 2 will consider the said application and pass appropriate orders in accordance with law. 5.
It is relevant to note that in supersession of the Telangana Rights in Land and Pattadar Pass Book Act, l97l (ActNo.26 of 1971), the State promulgated the Telangana Rights in Land and Pattadar Pass Book Act, 2020 (Act No.9 of 2020) simplified procedure of entries in revenue records and confined to three circumstances in which request can be made for alteration of entries in the revenue records i.e', sale/gift/mortgage, succession/survivorship/inheritance and by way of court decree.
6.
In view of the said discussion, this Writ Petition is disposed of, directing the 2"d respondent to consider the online application dated 23.0g.2022 submitted by the petitioner and pass appropriate orders, in ./
accordance with law, by putting the petitioner and all aflected parties on notice and affording them opportunity ofhearing. If, the 2"d respondent is not inclined to accept the request made by the petitioner, he shall assign specific reasons and pass appropriate reasoned order, in accordance with law, and shall communicate copy of the said order to the petitioner and complete the said exercise within a period of eight (08) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
I I SD/- L.SHIVAPARVATHI ASSISTANT REGISTRAR SE,CTIO ,L //TRUE COPY// N JrnrCEII.
To'
1. The Principal Secretary Revenue Department' TS Secretariat' State of Telangana" HYderabad.
2. The District Collector, Ranga Reddy District At Lakdikapool' Hyderabad'
3. The Revenue Divisional Officer' Shadnagar' Ranga Reddy district
4. The Tahsildar, Nandigama Mandal Ranga Reddy district
5. One CC to SRI' M VENKATA NARASHIMHA REDDY Advocate IOPUC]
6. Two CCs to GP FOR REVENUE' High Court for the State of Telangana' [OUT]
7. Two CD CoPies
HIGH C]OUITT KLJ DATED:2811012022 -1 HE Sr4 14:
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ORDER
,.) 11 l'l0\j 2[n .:
"j j!.:1^TaV WP.No.39737 of 2022 WP IS DISPOSED OF WITHOUT COSTS