Dasari Bhimamma v. The State Of Telangna And 3 Others

HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.43318 of 2022 ORDER:

1.

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

2.

According to the petitioner, her husband late Dasari Venkataaiah was the absolute owner and possessor of land admeasuring Acs.3.08 guntas situated at Almaskhanpet Village, Kulkacharla Mandal, Vikarabad District. After his death on 26.01.2014, the lands were made virasat in favour of petitioner. In proof of the same, learned counsel for the petitioner had filed old pattadar passbook and other revenue records including Dharani Portal status. The petitioner herein had submitted an online application Id.No.28T282600003780 dated 29.05.2022 with the 2nd respondent, with a request to mutate her name and issue E-pattadar passbook. The 2nd respondent instead of considering the said application on merits, rejected the same with one word i.e., "rejected". The said endorsement is not based on record and also documents submitted by the petitioner. It is not a reasoned order. Any order without reasons is an order passed without application of mind and it is nullity.

3.

In view of the aforesaid discussion, without going into merits and demerits of the case, this Writ Petition is disposed of on the aforesaid ground alone. The impugned rejection order is set aside and the matter is remanded back to the 2nd respondent with a direction to consider the aforesaid online application dated 29.05.2022 of petitioner strictly in accordance with law by putting the petitioner and all effected parties on notice and affording them an opportunity of hearing. If the 2nd respondent is not inclined to accept the request made by the petitioner, he shall assign specific reasons, pass a reasoned order, 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. ___________________ K. LAKSHMAN, J December 01, 2022 vns

HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.43318 of 2022 December 01, 2022 vns