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High Court for State of TelanganaWP/44733/2022disposed of no costs

Smt Anantha Laxmi v. The State Of Telangana

2023-01-05Mummineni Sudheer Kumar5 pages

[ 32s6 | HIGH COURT FORTHE STATE OFTELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 44733 OF 2022 Between:

Smt Anantha Laxmi, Wo Late Monaiah, Occ. Agriculture, R"/o Pudur Village and Mandal, Vikarabad Dist ,..PETITIONER AND l.

The State ofTelangana, Revenue Department, Rep by its Spl Chief secretary, Secr6tariat, Hyderabad.

The Collector, Vikarabad District The Revenue Divisional Officer, Vikarabad, The Tahasildar, Pudur Mandal, Vikarabad District J ...RESPONDENTS Petition under Article 226 ol the Constitution of India 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 inaction of the 4th Respondent in implementation of the order of the 2nd Respondent Collector dated 3.11.2014 in file No.D1/246512012 to correct the records deleting the name of Sri T Ramesh in respect of land admn Ac 2.29 gts in S.

No 332, Pudur Village and Mandal, Vikarabad District is void abinitio, illegal and against to the Article 14, 21 and 300A of the Constitution of India and consequently, allow the Writ petition by directing the Respondents to implement the order of the 2nd Respondent- Collector dated 3.11 .2014 in file No. Dl1246512012 IANO: I OF2022 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 implement the order dated 3.1i.2014 in file No D11246512012 of the Collector : SRI.

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.44733 of 2o22 ORDER:

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

2.

This writ petition is filed seeking a writ of mandamus to declare the action of respondent No.4 in not implementing the orders passed by respondent No.2 in File No.DLl2a65l2Ol2, dated 03.11.2014, for correcting the entries in respect of the land admeasuring Acs.2.29 guntas in Survey No.332 of Pudur Village and Mandal, Vikarabad District, as illegal and arbitrary. 3.

The proceedings, dated 03.11.2014, is an order passed by respondent No.2 in exercise of his jurisdiction under Section 9 of the Telangana Rights in Land and Pattadar Passbooks Act, 1971, wherein respondent No.2 set aside the proceedings in File No.B/11/2007, dated 12.01.2OO7, issued by respondent No.4 herein and further directed the respondent No.4 to cancel the entries if any made pursuant to the proceedings dated 12.01.2007.

4.

According to learned counsel for the petitioner, the entries that were made pursuant to the proceedings dated t2.Ol.2OOT

\ have not been reversed till date in spite of specific orders issued by respondent No.2 as early as on 03. 1 l.2Ol4. 5.

Learned Assistant Government Pleader for Revenue, on instructions, submitted that after introduction of Dharani Portal, in order to implement the order dated 03.1 1.2014 passed by respondent No.2, the petitioner has to make an online application in Dharan Portal under TM- 33 Module and in case, if the petitioner makes such application, the same would be considered by the respondents in accordance with law. 6, In the light of the above facts and circumstances of the case, this Court is of the considered view that the writ petition can be disposed of at the admission stage and accordingly the writ petition is disposed of permitting the petitioner to submit an online application through Dharani Portal under TM - 33 Module requesting for implementation of the order dated O3.tl.2OL4 passed by respondent No.2 in File No.

DL1246512012 within a period of two weeks from the date of receipt of a copy of this order and on submission of such online application, respondent Nos.

online application by the petitioner. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

SD/. L. SIVA PARVATHI ASSISTANT REGISTRAR //TRIIE COPY// SECTI OFFICER To'

1. The Spl Chief secretary, Revenue Departmen! Secretaria! State ofTelangana, Hyderabad.

2. The Collector, Vikarabad District

3. The Revenue Divisional Oflicer, Vikarabad,

4. The Tahasildar, Pudur Mandal, Vikarabad District

5. One CC to SRI. N PURUSHOTHAM REDDY Advocate [OPUC]

6. Two CCs to GP FOR REVENUE, High Court for the State ofTelangana, Hyderabad. lou'fl

7. Two CD Copies

\ ) TIIGH COURT N{SKJ DATED:05/01/2023 i v'-' sf,.{r€ ;1o(, *\"

* oE.s F,'.,..1 c 25 J[r ?trI] \\', *

ORDER

WP,No.44733 of 2022 WRIT PETITION IS DISPOSED OF WITHOUT COSTS