Kandada Umashankar v. The State Of Telangana
This judgment came from a scanned document and its text layer is unreliable — words may be garbled. Check the original PDF before relying on any passage.
[ 3183 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD .r (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER T TWO THOUSAND AND TWENTY THREE ) PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 35035 OF 2023 Between:
Kandada Umashankar, S/o Shivanandappa, aged about 43 years, Occ;pvt Employee, R/o Theegapur Village, Kothur Mandal, Ranga Reddy tiistrict. .....PETITIONER AND
1. The State of Telangana, Represented by its Principal Secretary, Revenue Department, Secretariat Build ings, Hyderabad.
2. The District Collector, Ranga Reddy District.
3. The Tahsildar-cum-Joint Sub-Registrar, Kothur Mandal, Ranga Reddy 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 the in action of the Respondents 2 and 3 being the appellate authority and Registrar under THE TELANGANA RIGHTS lN LAND AND PATTADAR PASS BOOKS ACT, 2O2O. ACT No.g OF 2020 respectivety in amending and updating of record of rights in the village records and issuing of a new Pattadar Pass Book - cum - Title Deed for the Agriculture land admeasuring Ac. 0.29 Gts in Sy.No.'
131/2 of Theegapur Villagre, Kothur Mandal, Ranga Reddy District in favour of the petitioner in spite of writlen representations and online applications to the Respondents 2 and 3 is lllegal, arbitrary, not in compliance with Section 5 (6) of THE TELANGANA RIGHTS lN LAND AND PATTADAR PASS BOOKS ACT,2O2O. ACT No.
new Pattadar Pass Book-cum-Title Deed in my name after rectifying the wrong entries made in the village records and Dharani Portal in respect of Agriculture land in Sy.No.131/2 admeasuring Ac. 0.29 Gts situated Teegapur Village, Kottur i Mandal, Ranga Reddj'District.
!.A.NO:1 OF 2023 li, Petition Under Section 151 CPC praying that in the circumstances stated I in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents'forthwith issue a new Pattadar pass Book cum - Tifle Deed in the name 'of the petitioner with regard to the agricultural land admeasuring Ac. 0.29 Gts in Sy.No.13112 of Theegapur Village, Kothur Mandal, Ranga Reddy District after effecting suitable changes in the revenue records pending disposal of the writ petition.
Counsel for the Petitioner : SRI V.RAMESH KUMAR Counsel for the Respondents : AGP FOR REVENUE The Court made the following ORDER
THE HONOURABLE SRIJUSTICE B. VTJAYSEN REDDY WRIT PETITION No.35035 OF 2023 ORDER: (ORAL) This writ petition is filed by the petitioner seeking to declare action of respondent Nos.2 and 3 in not considering the petitioner's online application bearing No.2300113581 dated 15.07.2023 for rectification of revenue entries (Dharani portal) and for issuing e-paltad{ passbook in respect of his land admeasuring Ac.0-29 guntas in Survey No. l3l/2dll situated at Theegapur Village, Kottur dal, Ranga Reddy District, as being illegal and Man arbitrary 2.
Heard leamed Counsel for the petitioner, learned Assistant Govemment Pleader for Revenue appearing for respondents, and perused the material on record.
3.
Learned counsel for the petitioner has submitted that the petitioner has inherited land admeasuring Acs.3-38 % guntas in Survey No. I 3 I /2 along with lands in other Survey numbers situated at Theegapur Vittage, Kottur MaMal, Ranga Reddy District, by virtue of famity partition. The petitioner and his
brothers sold part of their lands fell to their shares to Mrs. Upendramma Wo. Baswaraju and Mrs. Kandada Hemalatha Wo. Kotappa under registered sale deeds vide document Nos.4l09 of 2009 and 4110 of 2009 dated 02.07.2009. The petitioner sold admeasuring Ac.0-28 guntas to Mrs. Bharathamma and Ac.0-21 guntas to Smt. Kandada Hemalatha and Acs. l-j9 % guntas to others out of Acs.3-38 lz guntas and left with Ac.0-29 guntas in Survey No. I 3 I /2. However, in the Dharani records and the epattadar passbook issued to the petitioner the subject land was incorrectly shown as Ac.0-01 gunta in Survey No. l3l/2t5ll instead of Ac.0-29 guntas.
4. After noticing the same, petitioner has approached respondent No.3 seeking correction of revenue entries in respect of the subject land. That on being advised, the petitioner has submitted online applicarion through Dharani portal bearing No.2300113581 dated 15.07.2023 for recrification of revenue enkies (Dharani portal) and for issuing e-pattadar passbook. Grievance of the petitioner is respondent authorities are not acting
upon his application, as such, he is constrained to approach this Court.
5.
Leamed Assistant Govemment Pleader for Revenue appearing for respondents has submitted that appropriate action will be taken on the online application submitted by the petitioner in accordance with law.
6.
Recording the aforesaid submission of the leamed Assistant Government Pleader for Revenue, without going into the merits of case, the writ petition is disposed of directing respondent Nos.2 and 3 to consider petitioner's Dharani application bearing No.230011358 I dated 15.07.2023 for rectification of revenue entries (Dharani portal) and for issuing e-pattadar passbook in respect of his land admeasuring Ac.0-29 guntas in Survey No.131/2i1ll situated at Theegapur Village, Kottur Mandal, Ranga Reddy D by issuing notice to all concemed/interested istrict, persons, and pass orders, in accordance with law, within a period of two (2) months from the date of receipt of a copy of this order. No order as to costs.
I As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. SD/- N. CHANDRA SEKHAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECT N OFFICER To I
1. The Principal seirbtary,.Revenue Department, secretariat Buirdings, state of Telangana at Hyderabad.
2. The District Collector, Ranga Reddy District.
3. The Tahsildar-ctinf-Joint sub-Registrar, Kothur Mandal, Ranga Reddy District.
4. Two CCs to GP Fcjr Revenue, High Court for the State of Telangana at Hyderabad. [OUT]
5. One CC to Sri V.Ramesh Kumar, Advocate [OpUC]
6. Two CD Copies , SA GJP *"- \
,l i I I i HIGH COURT II DATED:2911212023 1BE SrAre ( oo 0 B tiB z$i[ t s {
ORDER
* ,r,'tl'.y'
--,?-'
WP.No.35035 of 2023 DISPOSING OF THE W.P WITHOUT COSTS.