Shaik Wali Mohammad v. The State Of Telangana
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[ 3168 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENW TWO :PRESENT:
THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO:46680 OF 2022 Between:
Shaik Wali Mohammad, S/o Fakeer Mohammad, Aged about 73 years, Occ. Agriculture R/o 2-38, Umadam village, Talamadugu Mandal, Adilabad Dist.
...Petitioner
AND
1. The State of Telangana, Rep. by its Prl. Secretary to Govt. Secretariat, Hyderabad, Revenue Department.
2. The District Collector, Adilabad District Collectors Office, at Adilabad.
3. The Tahsildar, Talamadugu Mandal, Adilabad 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 isst-ne an appropriate Writ, order or direction more particularly' one in the nature of WRIT OF MANDAMUS by declaring the impugned action of respondent No.2 herein in not disposing of the application of the petitioner for issuance of pattedar pass book and title deed in respect of the land in Sy.No.140/1 admeasuring Ac.7.15 gts., situated at Umadam village, Talamadugu Mandal, Adilabad Dist., in pursuance of the application through ONLINE application dated 7 -9-2022 vide transaction lD No.0135216000012200 vide Khata No.308, as arbitrary, illegal, void abinitio besides violative of Art.
21 and 300-4 of Constitution of lndia and violative of principles of natural justice and consequently direct the 2nd respondent to consider the application of the petitioner for issuance of pattedar pass book and title deed (DIGITAL) in respect of the land in Sy.No.140/1 admeasuring Ac.7-15 gts., situated at Umadam village, Talamadugu Mandal, Adilabad Dist., in pursuance of the application through ONLINE application dated. 7 -9-2022 vide transaction lD No.0'1 35460000 122OO vide Khata No.308.
lA NO: 1 OF 2022 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 2nd respondent to consider the application of the petitioner for issuance of pattedar pass book and title deed (DIGITAL) in respect of the land in Sy.No.'14011 admeasuring Ac.7.15 gts., situated at Umadam village, Talamadugu Mandal, Adilabad Dist., in pursuance of the application through ONLINE
-7 appllcation dated. T-9-2022 vide transaction lD No.013546000012200 vide Khata No.308.
Counsel for the Petitioner: SRl. J ASHVINI KUMAR Counsel forthe Respondent No.1 to 3: AGP FOR REVENUE The Court made the following: ORDER
HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.466aO of 2022 ORDER:
Heard learned counsel for the petitioner and Iearned Assistzrnt Government Pleader for Revenue.
2. The petitioner herein is claiming that he 1S absolute owner and possessor of land admeasuring Ac.7-15 gts in Sy.No.l4O/L, situated at Umadam Village, Ta-lamadugu Mandal, Adilabad District. In proof of the same, he- has frled copies of Pahanies and Dharani status. He has not filed old or new Pattadar passbook. However, he had submitted online application vide ID No.O13546O00O11363 dated 29.12.2021 with the 2"d respondent with a request to issue E-Pattadar passbook and title deed. Despite receiving and acknowledging the said online application, the 2"d respondent did not act upon the same. Thcreforc, the present Writ Petition. 3.
Whereas, thc lcarned Assistant Government Pleader for Revenue, on instructions would submit that
the 2"d respondent u,ill consider the said online application and pass appropriate orders in accordance with law.
4.
It is relevant to note that in supersession of the Telangana Rights in Land and Pattadar Pass Book Act, 1971 (Act No.26 of 197 ll, the State promulgated the Telangana Rights in Land and Pattadar Pass Book Act, 2O2O (Act No.9 of 2O2O) simplified procedure of entries in revenue records and conlined to three circumstances in which request carr be made for alteration o[ entries in the revenue records i.e., sale /gift /mortgage, succession / survivorship ,/inheritance and by way of court decree.
5. In view of the said discussion, this Writ Petition is d.isposed of directing the 2"d respondent to consider the online application vide ID No.O13546000011363 dated 29.12.2021 submitted by the petitioner ald pass appropriate orders in accordance with law by pr.rtting the pr:titioner and all elfected parties on notice anrl affording them an opportunity of hearing.
J If, the 2"a respondent is not inclined to accept the request made by the petitioner, he sha-ll assign specific reasons and pass a reasoned order, communicate copy of the said order to the petitioner and complete the said exercise within a period of eight (OB) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. SD/. T. JAYASREE ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER '1. The Prl, Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad.
2. The District Collector, Adilabad District Collectors Office, at Adilabad.
3. The Tahsildar, Talamadugu Mandal, Adilabad Cristrict.
4. One CC to SRl. J ASHVINI KUMAR Advocate [OPUC]
5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. {OUI
6. Two CD Copies
HIGH COURT KL.J DAfED:3o11212022 /.
STATE
ORDER
q WP.No.46680 ot 2022 e oc 21 l[\l ?t?1 \..
WRIT PETITION IS EII:]POSED OF WITHOUT COST