A. Vijaya And 2 Others v. The State Of Telangana And 2 Others

HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.41258 OF 2022 ORAL ORDER:

Heard Mr. M.A. Mujeeb, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing on behalf of the respondents.

2. The petitioners herein are claiming that they are the absolute owners and possessors of the land admeasuring Acs.2-20 guntas in Survey Nos.24EE/24, 25AA/2, 26A/2 and 27A/1/2, situated at Velpupalle Village, Thurkapally Mandal, Yadadri-Bhuvanagiri District. According to them, it is their ancestral. They have filed copies of 1B Certificate and Dharani Land Details Status. They have submitted written representation dated 23.08.2022 to respondent Nos.2 and 3 with a request to mutate their name and issue pattadar pass book. Despite receiving and acknowledging the same, respondent Nos.2 and 3 did not act upon the same. Therefore, the present writ petition.

3. On the other hand, learned Assistant Government Pleader for Revenue, on instructions, would submit that as per CCLA Circular No.1/2021, dated 15.01.2021, the petitioners herein have to make on-

KL,J W.P. No.41258 of 2022 line application to respondent No.2 along with all the documents, and on receipt of the same, respondent No.2 will consider and pass appropriate orders in accordance with law.

4. In supersession of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (Act, 26 of 1971), the State promulgated the Telangana Rights in Land and Pattadar Passbooks Act, 2020 (Act 9 of 2020). Act 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 revenue records i.e., sale/gift/mortgage, succession/survivorship/inheritance and by way of Court decree. In view of the same, the petitioners have to submit online application with respondent No.2 in terms of the said Circular with a request to issue of e-pattadar pass book.

5. In view of the above discussion, this Writ Petition is disposed of granting liberty to the petitioners to submit online application with respondent No.2 in terms of the aforesaid Circular. On submission of the said online application, respondent No.2 shall consider the same and pass appropriate orders in accordance with law by putting the petitioner herein and all affected parties on notice and

KL,J W.P. No.41258 of 2022 affording them an opportunity of hearing to them, within eight (08) weeks from the date of submission of the said application. If respondent No.2 is not inclined to consider the request of the petitioners, he shall assign specific reasons and pass a reasoned order. He shall communicate copy of the order to the petitioners. However, in the circumstances of the case, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the writ petition shall stand closed.

_________________ K. LAKSHMAN, J 14th November, 2022 Mgr