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High Court for State of TelanganaWP/33367/2024disposed of no costs

Mynampati Aishwarya Reddy, v. The State Of Telangana,

2024-11-28C.V. Bhaskar Reddy6 pages

[ 32e6 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 33367 OF 2024 Between:

Mynampati Aishwarya Reddy, D/o. Late. Sri Rajender Reddy, Aged about 23 yrs, Occ ; Student, R/o. Plot No.A-7-98/84/180 Venkateshwara Colony, Hastinapuram Saroornagar Mandal, Ranga Reddy District 500079. .....PETITIONER AND

1. The State of Telangana, Represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad.

2. The District Collector, Nalgonda District, Nalgonda.

3. The Tahasildar, Konda Mallepalli Mandal, Nalgonda Diskict. .....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 Order, Direction or Writ, more particularly a Writ of Mandamus declaring the action of the Respondent No.2 in not considering the Petitioner's grievance in Dharani Webportal vide Application No.24000023056, Dt. 23.10.2024 to mutate her name in the revenue records for land admeasuring Ac.4-09 gts in Sy. No.4/1/A, 4t2,4t3, 159/64 and 159/7A situated at Channamnenipalli Village, Konda Mallepalli Mandal, Nalgonda District, as illegal, improper, unjust, arbitrary, violative of Art. 300-4 of the Constitution of India and consequently direct the respondents to consider the petitioner's grievance in Dharani portal vide Application No.24000023056, Dt.23.10.2024 and record the name of the petitioner in revenue records and issue e-pattadar passbooks in favour of the petitioner.

|.A.NO:1 OF 2024 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 petitioners grievance in Dharani portal vide Application No.24000023056, Dt. 23.10.2024 and record the name' of the petitioner in revenue records and issue e-pattadar passbooks in favour of the petitioner.

Counsel for the Petitioner : SRI V.YADU KRISHNA SAINATH Counsel forthe Respondents:AGP FOR REVENUE The Court made the following ORDER

THE HON'BLE SRI JUSTICE C. V, BHASKAR REDDY IVRIT PETITION No.33367 of 2024 ORDER:

It is stated that the petitioner is the absolute owner and possessor of the agriculture land admeasuring Ac.4.09 guntas in Sy.Nos.4/1/A; al2, al3, 159 l6A and 15917A situated at Channamnenipalli Village, Konda Mallepalli Mandal, Nalgonda District, having acquired the same through registered gift deed i bearing document No.2246 ot 2006, dated 17.03.2O06. It is i further stated that the petitioner made online application No.24O00023056, dated 23.10.2024 for mutation of her name in the revenue records and also issuance of e-pattadar pass book in her favour. The grievance of the petitioner is that even after receiving the said application, the respondent authorities are not considering the same.

2.

Considered the submissions made by the learned counsel for the parties and with their consent this writ petition is disposed of at the admission stage.

3.

Learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that for alteration of entries in the revenue records i.e., sale/gift/mortgage/ ,

CVBR, J w p _33367 _2024 succession/ survivorship /inheritance and by way of court decree, the petitioner has to submit an online application in appropriate module of Dharani portal in terms of CCLA's Circular No.l/2021, dated 15-O 1-2021 and Circular No.l /2024, dated 28.O2.2024 . 4.

As per Section 6 of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O (for short "the Act, 2O2O"), any person or persons who acquire rights . over land through succession, survivorship, inheritance and seeking to effect change in Record of Rights, after arriving at consensus among all the lega1 heirs on the manner of division of the land among themselves, shall make an application, enclosing the joint agreement specilying individual shares, to the Tahsildar through the website prescribed for this purpose, for allotting available date and time as per the convenience of the persons to appear before the Tahsildar. 5.

In view of the above submissions and since the Tahsildarrespondent No.3 has conferred with the power under Section 6 of the Act, 2O20, this Court deems it appropriate to dispose of the writ petition relegating the petitioner to file an applicatlon duly enclosing the gift settlement deed and in the event of such an application has been submitted, respondent No.3 is directed to

/ CVBR, J w p _33367 _2024 conduct enquiry and pass a reasoned order in accordance with law, within-a period of eight (08) weeks from the date of receipt of the said application.

6.

With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

7.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

SD/-N. SRIHARI ASSISTANT EGISTRAR //TRUE COPY'

SECTION OFFICER To '1. The Principal Secretary, Revenue Department, Secretariat Buildings, State of Telangana at Hyderabad.

2. The District Collector, Nalgonda District, Nalgonda.

3. The Tahasildar, Konda Mallepalli Mandal, Nalgonda District.

4. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

5. One CC to SRI V.YADU KRISHNA SAINATH, Advocate [OPUC]

6. Two CD Copies SA BS

HIGH COURT DATED:2811112024 oR Ttie s r.1 ') ,.) II n 0l ,tAtt 2ltt

ORDER

t1',r + WP.No.33367 of 2024 4t.t.o,t i * DISPOSING OF THE W.P WITHOUT COSTS.