Smt. Tummeti Komaramma v. The State Of Telangana
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[ 32e6 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction) FRIDAY, THE TWENry SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 32862 OF 2024 Between:
Smt. Tummeti Komaramma, Wo Late Narsaiah Aged about 76 years, agriculture, Resident of H. No. 4-6-9, Hussenabad Village, Bhuvanagiri Mandal, YadradriBhuvanagiri District. ...PETITIONER AND The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.
The District Collector, Bhuvanagiri, Yadradri-Bhuvanagiri District. The Tahsildar, Bhuvanagiri, Bhuvanagiri Mandal, Yadradri-Bhuvanagiri 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 a writ, order or direction more particularly one in the nature of writ of mandamus declaring action of 2nd respondent in rejecting my Application No. 2400059051 on 27-O92024 made seeking Pass Book Data Correction for correcting extent in Sy. No. 200/4 from Ac. 1-04 Gts. to Ac. 1-26 Gts, situated in Hussainabad (Rural) Village, Bhuvanagiri Mandal, YadradriBhuvanagiri District in e-Pafta Pass Book No. T30050060237 with Khata No. 500, without assigning any reasons and affording opportunity as being illegal, arbitrary and against to principles of natural justice and against to provisions of Telangana R(7hts in Land and Pattadar Pass Book Ac|2O2O and consequently direct 2nd respondent to consider Application No. 2400059051 and correct extent of land in Sy. No. 200/A from Ac. 1 -04 Gts. to Ac. 1-26 Gts. situated in Hussainabad (Rural) Village,
Bhuvanagiri Mandal, YadradriBhuvanagiri District in e-Patta pass Book No T30050060237 wilh Khata No. 500.
l Counsel for the Petitioner : SRI R.R.KALYAN Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER
,/, THE HONOURABLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.32862 of 2o24 ORDER:
This Writ Petition is filed for the following relief: "...to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring action of 2'd respondent in rejecting my Application No.2400059O51 on 27 .O9.2O24 made seeking Pass Book Data Correction for correcting extent in Sy.No.2OO/A from Ac. 1-O4 Gts. to Ac. l-26 Gts. situated in Hussainabad (Rural) Village, Bhuvanagiri Mandal, Yadadri-Bhuvanagrri District in my e-Patta Pass Book No.T3OO5O06O237 with Khata No.5O0, without assigrring any reasons and allording opportunity as being illegal, arbitrary ard against to principles of natural justice and against to provisions of Telangana Rights in Land and Pattadar Pass Book Act,2O2O and consequently direct 2"d respondent to consider my Application No.24O0O59051 and correct extent of land in Sy.No.2OO/A from Ac. l-04 Gts. to Ac. 1-26 Gts situated in Hussainabad (Rural) Village, Bhuvanagiri Mandal, Yadadri Bhuvanagiri District in my e-Patta Pass Book No.T3OO5OO6O237 with Khata No.SOO to pass such other order or orders..." 2.
Considered the submissions of learned counsel for the parties and perused the record.
3.
The brief facts of the case are that the petitioner is the pattedar of agricultural land to an extent of Ac 1-26 gts in survey No.2OO/A, situated in Hussainabad (Rural) Village, Bhuvanagiri Mandal, Yadadri-Bhuvanagiri District, having purchased the same under the registered Sale Deed bearing document No.4O04 of 1995 dated
24.07.1995. It is also the case o[ the petitioner that the revenue authorities recorded her name in the revenue record and pattedar pass books and title deeds were issued in her favour vide pass book bearing No.819i76 with Khata No.538 under the provisions of the the Telangana Rights in Land and Pattadar pass Book Act, 2O2O (for short, "the Act, 2O2O"l.It is the further case of the petitioner that when the extent of land has been recorded in the e-Pattadar Pass books as Ac 1.04 gts in survey No.2OO/A instead of Ac 1.26 gts, she was constrained to submit an application seeking correction of the extent of land and for consequential issuance of the pattadar pass book vide application No.24O0O59O5 I dated 27.09.2024 as per the procedure prescribed under the Act,2O2O.
4.
Learned counsel for the petitioner submitted that the application submitted by the petitioner has been rejected without taking into consideration the pattadar pass books and title deeds issued in favour of petitioner and without assigning valid reasons.
5. Learned Government Pleader has not disputed the fact that the orders have been passed by respondent No.2 without stating valid reasons.
6. In view of the said submissions and as the orders passed by respondent No.2 is not in consonance with the principles of natural justice, the impugned order is set aside and the respondent No.2 is directed to examine the application No.24O005905 1 submitted by the petitioner, duly taking into consideration, the pattadar pass books and title deeds and pass necessar5r orders, strictly 1n accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.
7. With the above direction, this Writ Petition IS disposed of. No costs.
Miscellaneous petitions, if any, pending shall stand closed.
SD/-T. TIRUMALA DEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The State of Telangana, Rep. by its Principal Secretary, Revenue Deoartment, Secretariat, Hyderabad.
2. Tha District Collector, BhuVanagiri, Yadradri-Bhuvanagiri District
3. The Tahsildar, Bhuvanagiri, Bhuvanagiri Mandal, Yadradri-Bhuvanagiri Dstrict.
4. One CC to SRI R.R.KALYAN, Advocate. [OPUC]
5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana toUTI
I I HIGH COURT DATED:2211112024 t\ 1i.E S t o ( ( t o 2 0 L:" 2021 o .{f *
ORDER
WP.No.32862 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?) q ,rl t f q