Thuduri Satish Goud v. The State Of Telangana
[ 31831 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 32664 OF 2023 Between:
Thuduri Satish Goud, S/o. Thuduri Mutha Goud, Age- 46 years, Occ. Teacher, R/o. 1-4-130/5/3, Adarsha Nagar, Korutla Town and Mandal, Jagtial District. ...PETITIONER AND The State of Telangana, Rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.
The District Collector, Peddapalli District, The Tahsildhar, Anthergaon Mandal, Peddapalli 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 issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not issuing the mutation proceedings and pattedar passbook to the petitioner in respect of agricultural land admeasuring 0.18 Guntas in Sy.No. 41 and 0.15 Guntas in Sy. No. 23 situated at Eklaspur Village, Anthergaon Mandal, Peddapalli District in pursuant to his application dated 1210512023 vide transaction ld No. 07T348900000363 ld No.
07T348900000364 as being illegal, arbitrary and unjust and violative of 300-A of Constitution of lndia, consequently direct the respondents to issue mutation proceedings and pattedar passbook to the petitioner in respect of agricultural land admeasuring 0.'18 Guntas in Sy.No. 41 and 0.15 Guntas in Sy.No. 23 situated at Eklaspur Village, Anthergaon Mandal, Peddapalli District by considering his application dated 1 21 05 I 2023.
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 of the petitioner daled 1210512023 lor issuance of mutation proceedings and pattedar passbook to the petitioner in respect of agricultural land admeasuring 0.18 Guntas in Sy.No 41 and 0 1 5 Guntas in Sy.No. 23 situated at Eklaspur Village, Anthergaon Mandal pending disposal of the main Writ Petition.
Counsel for the Petitiorier: SRI ALLURI DIVAKAR REDDY Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER
HONOURABLE SRIJUSTICE B. VIJAYSEN REDDY WRIT PETITION No.32664 OF 2023 ORDER:(ORAL) This writ petition is filed to declare the action of the respondents in not considering Dharani applications vide Dharani Reference No.2300024658 (Transaction 1D.No.07T348900000364) and l I t 2300024654 (Transaction 1D.No.07T348900000363), dated :
12.05.2023, submitted by the petitioner for issuing mutation I , proceedings and pattadar passbook in his favour in respect of agricultural land admeasuring Ac.0-18 guntas in Survey No'41 and Ac.0-15 guntas in Survey No.23 situated at Eklaspur Village' I Anthergaon Mandal, Peddapalli District, as arbitrary, illegal and unjust' 2.
lt is stated that originally the petitioner's father Mutha Goud was the owner and possessor of the aforesaid subject lands and other land and he was issued pattadar passbook vide palla No112' The petitioner succeeded to the subject property from his father' The petitioner stated that the legal heirs of his father have orally partitioned thepropertiesofhisfatherintheyear2oo2andtheSubiectlandfellto hisshare.ThepetitionersubmittedDharaniapplicationsyldeDharani Reference No.2300024658 (Transaction 1D.No07T348900000364) and 2300024654 (Transaction 1D.No.07T348900000363)' dated 12.05.2023, for issuing mutation proceedings and pattadar passbook
BVR.J WP.No.l2664 2021 in respect of the subject lands. lt is stated that on 10.11.2023, legal heirs of the petitioner's father give an affidavit stating that they do not have objection for mutating the name of the petitioner in respect of lhe subject lands. The grievance of the petitioner is that so far, the respondent authorities have not acted upon his applications and there is inordinate delay on the part of the respondents in considering his applications, as such, he is constrained to approach this Court. 3.
Heard leamed counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents, and perused the material available on record.
4.
Learned Assistant Government Pleader for Revenue submitted that appropriate action will be taken on Dharani applications of the petitioner.
5.
ln view of the above, this writ petition is disposed of directing respondent Nos.2 and 3 to consider Dharani applications yrde Dharani Reference No.2300024658 (Transaction 1D.No.07T348900000364) and 2300024654 (Transaction 1D.No.07T348900000363), dated 12.O5.2023, submitted by the petitioner for issuing mutation proceedings and pattadar passbook in his favour in respect of agricultural land admeasuring Ac.O-l g guntas in Survey No.41 and Ac.0-15 guntas in Survey No.23 situated at Eklaspur Village,
I BVR,J WP.No.32664 2023 Anthergaon Mandal, Peddapalli District, by issuing notice to the interested/concerned persons and pass appropriate orders, in accordance with law, within a period of forty five days (45) days 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.
'
sD/*oTsS'tTtHiHeH'At I //rRUE coPY// secrKorrrCen To, The Principal Secretary, Revenue Department' Secretariat' Hyderabad' State '1.
of Telangana'
The District Collector, Peddapalli District'
2.
The Tahsildhar, Anthergaon Mandal' Peddapalli District J, One CC to SRI ALLURI DIVAKAR REDDY' Advocate [OPUC] 4.
Two CCs to GP FOR REVENUE' High Court for the State of Telangana at Hyderabad [OUTI Two CD CoPies '
5vBSR BS
HIGH COURT DATED: 0111212023 1t\e STAI'G
ORDER
q l o [ 3 JIN ?[2[ !
.A WP.No.32664 ot 2023 t DESpr\r g'1 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS )-\ * d \^