Smt Kadakanchi Chinna Somakka v. The State Of Telangana
[ 3183 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENry SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION NO: 34503 OF 2023 Between:
Smt Kadakanchi Chinna Somakka, Wo Late Beeraiah, Aged 70 years' Occ Agriculture, R/o Mandanpally H/o Kollur Revenue Village, Alair Mandal, Yadadri-Bhuvanagiri District ...PETITIONER AND The State of Telangana, Represented by its Principal Secretary' Revenue Department, Secretariat Buildings, Hyderabad. The District Collector, Yadadri-Bhuvanagiri District, Nalgonda The Tahsildar, Alair Mandal, Yadadri-Bhuvanagiri District J ...RESPONDENTS Petition under Article 226 of lhe Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondent Nos.2 & 3 in restoring the entries with regard to land totally admeasuring Ac.2-00 gts comprising of Ac.
1-20 gts in Sy No.B94/2 and Ac-0-30 gls in Sy No.950/2 situated at Mandanpally H/o Kollur Revenue Village, Alair Mandal, YadadriBhuvanagiri District is as being illegal, arbitrary and violative of fundamental rights guiranteed under Articles 14,21 and constitutional right to property under Article 3oo-A of the constitution of lndia and consequently direct the Respondent Nos.2 & 3 to restore the entries in petitioner name with respect to subject land' lA NO: 1 OF 2023 Petition under sectlon 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 Respondent Nos.2 & 3 to take cognizance on the online Application No.2300099487 dated 21t}6t2023 for restoration of entries in petitioner name in respect of land totally admeasuring Ac.
2-00 gts comprising of Ac 1-20 gts in sy.No.894/2 and Ac.0-30 gts in sy No.
Revenue Village, Alair Mandal, Yadad ri-Bhuvanagiri District, pending disposal of the above writ petition.
Counsel for the Petitioner: SRI P. SASIDHAR REDDY Counsel for the Respondents: ASST. GP FOR REVENUE The Court made the following: ORDER
HONOURABLE SRI JUSTTCE B. VIJAYSEN REDDY WRIT PETITION No.34503 OF 2023 ORDER: (ORAL) This writ petition is filed by the petitioner seeking to declare inaction of respondents No.2 and 3 in restoring the land admeasuring Ac.l-20 guntas in Survey No.894/2 and Ac.0-30 guntas in Survey No.950/2, totally admeasuring Acs.2-00 guntas, situated at Mandanpally H/o Kollur Revenue Village, Alair Mandal, Yadadri-Bhuvanagiri District in the name of the petitioner, as being illegal, arbitrary and unconstitutional. 2.
Heard learned counsel for the petitioner and leamed Assistant Government Pleader for Revenue appearing for respondents and perused the material available on record.
3. It is submitted that the petitioner had been cultivating the subject land and he was issued Lavoni Patta Certificate vide fil,e No.B/2525/2002, dated 20.08.2002 in respect of the same. The name of the petitioner was mutated in the revenue records and he was also issued pattadar passbook with patta No.1691 in respect of the subject land. On introduction of Dharani Portal, the petitioner
obtained new pattadar passbook No.T30020082792 with Khata No.61113 in respect of the subject land. However, the petitioner came to know that in Dharani Portal, the subject land was recorded in the name of the Govemment. Aggrieved by the same, the petitioner submitted Dharani application No.2300099487, dated 21.06.2023, for restoration of his name in respect of the subject land but no action has been taken. As the respondents failed to act upon the application submitted by the petitioner, she is constrained to approach this Court.
4.
Learned Assistant Government Pleader for Revenue appearing for respondents submitted that appropriate action will be taken on the Dharani application of the petitioner, in accordance with law 5.
Recording the aforesaid submission, without going into the merits of the case, the writ petition is disposed of directing respondents No.2 and 3 to consider petitioner's Dharani application No.2300099487, dated 21.06.2023, for restoration of the land admeasuring Ac.1-20 guntas ln Survey No.894/2 and Ac.0-30 guntas in Survey No.950/2, totally admeasuring
Acs.2-00 guntas, situated at Mandanpally FVo Kollur Revenue Village, Alair Mandal, Yadadri-Bhuvanagiri District in the name of the petitioner, by issuing notice to all concerned/interested persons and pass orders in accordance with law, within a period of forty five (45) days from the date of receipt of a copy of this order. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
sD/-r. JAYAgfrEE ASSISTANT REGryTRAR //TRUE COPY// SECTION@FFICER To, The Principal Secretary, Revenue Department, The State of Telangana, Secretariat Buildings, Hyderabad.
The District Collector, Yadadri-Bhuvanagiri District, Nalgonda The Tahsildar, Alair Mandal, Yadadri-Bhuvanagiri District One CC to SRI P SASIDHAR REDDY, Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana lourl Two CD Copies J b.
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I I HIGH COURT DATED:2211212023 TAIcS
ORDER
z o JA!,1 WP.No.34503 of 2023 C, ,F * I * SPAT O€ e ttcDISPOSING OF THE WRIT PETITION WITHOUT GOSTS \r-'^'
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