✦ High Court of India · 07 Jan 2025

Sri K v. Bhanu Prasad, learned Senior Counsel appearing for the

Case Details High Court of India · 07 Jan 2025
Court
High Court of India
Decided
07 Jan 2025
Bench
Not available
Length
1,135 words

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order or orders or direction or writ more particularly one in the nature of writ of MANDAMUS declaring the action of 3rd respondent in not disposing of the petition application bearing No. 1 1 371800001 1063 dated 30. 09. 2024 made through Mee- Sevafor mutation in Dharani Portal for issue of pattadar Passbooks in respect of balance land which is not covered in WP No. 5165 201 3 as illegal, arbitrary, malafide, intentional, abdication of duties and consequently direct the 3rd respondent to dispose of the application No. 1 1371800001 1063, dated 30. 09.2024 as early as possible in the interests of Justice and pass all necessary orders for said purpose. lA NO: 1 OF 2025 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 3rd respondent to dispose of the petitioner application No. 1 1371800001 1063, dated 30. 09. 2024 for issuance of pattadar passbooks and title deeds for the balance land not covered in WP No. 516512013 pending the writ petition the interests of Justice and pass all necessary orders for said purpose. Counsel for the Petitioner: SRI K.V.BHANU PRASAD, SEINOR COUNSEL FOR Counsel forthe Respondents: GP FOR REVENUE SRI KOTHAPALLI SAI SRI HARSHA The Court made the following: ORDER I HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.523 of 2025 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: ",...to issue order or orders or direction or u)rit more particularly one in the nature of uit of MANDAMUS declaring the action of 3d respond.ent in not dtsposing of the petition apptication beaing No.113718000011063 dated 30.O9.2O24 made through Mee Seua for mutation in Dharani Portat for issue of pattadar Passbooks in respect of balance land which is not couered in WP No.5165/2013 as illegal, arbitrary, malafidq intentional abdication of duttes and consequentlg direct the 3'd respondent to dispose of the application No.1137180OOO11063 dated 3O.O9.2024 as earlg as possible in the interests of Justice and pass all necessary orders for said purpose...."

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is the stated that the petitioner is a Toddy Tappers Cooperative Society (TTCS), which is registered under the provisions of the Telangana Cooperative Societies Act, 1964 (for short, 'the Act, 1964). The case of the petitioner is thal it has purchased land admeasuring Ac.48.34 guntas in various survey numbers situated at Madikonda Village, Hanamakonda Mandal, Warangal District through sada sale deeds and the I 2 respondent-authorities have also issued pattadar passbooks and title deeds. It is the further case of the petitioner that out of Ac.48.34 guntas, an extent of Ac.36.30 guntas was sold in favour of third parties on 14.O5.2012, and it is in possession of the remaining extent of Ac.B.17 guntas.

4. Sri K. V. Bhanu Prasad, learned Senior Counsel appearing for the petitioner submitted that the petitioner- society has submitted an application dated.3O.O9.2024 before the respondents for issuance of pattadar passbooks and title deeds in its favour in respect of the remaining extent of Ac.8.l7 guntas, but respondent No.3 has not considered the said application on the ground of pendency of W.P.No.S165 of 2023, which has been filed by the subsequent purchasers. Learned Senior Counsel further submitted that when the Registrar of Societies, Under Cooperative Societies and Prohibition and Excise Superintendent, Warangal, passed an order vide Rc.No.562l2Ol2lP&ElSlT, dated 29.L2.2012 to stop the layout permission for an extent of Ac.36.3O guntas, the subsequent purchasers have challenged the said orders in W.P.No.5l65 of 2013 on the file of this Court and by order, I dated 25.02.2013, this Court has suspended the order dated. -:)

29.12.2012 of the Registrar of the Co-operative Societies; and subsequently, the purchasers have obtained a layout and sold plots to different people. It is further submitted that though the said facts were brought to the notice of respondent No.3 that W.P.No.5165 of 2013 is not relating to the remaining extent of Ac.8. 17 guntas, which is in possession of the petitioner-society, respondent No.3 is not entertaining the said application submitted by the petitioner on the ground of pendency of the said writ petition, without verifying the extent I I of land sold in favour of the third parties,. ( \ In view of the above submissions, this Court, deems it

5. appropriate to dispose of the writ petition directing the re spondent- authorities to examine application, dated 3O.O9.2O24 submitted by the petitioner and if it fulfils all the requirements mentioned in CCLA's circular No.1 of 2021, dated 15.01.2021 and Circular No.1 of 2024, dated 2a.O2.2O24 and if the lands which are in possession of the petitioner are not the subject matter of W.P.No.5165 of 2O13, the respondent-authorities shall consider the sarne for lSSl'-lanCe of pattadar passbooks 1n respect of subject land within a period of three (03) months from the date of receipt of 4 the application. If the petitioner-society is not entitled for issuance of pattadar passbooks in its favour, the respondent- authorities shall pass a reasoned order in accordance with law within a period of three months and communicate the decision to the petitioner.

6. With the above observations this Writ petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/.A.V.S. PRASAD ANT REGISTRAR AS:S I //TRUE COPY// ECTION OFFICER

1. The Principal Secretary, Revenue Department, Secretariat, Hyderabad' State of Telangana.

2. The Distiict Collector, Hanamakonda District. 3. The Tahsildar, Khazipet Mandal, Hanamkonda District. 4. One CC to SRI KOTHAPALLI SAI SRI HARSHA, Advocate 5. Two CCs to GP FOR REVENUE, High Court for the State o OPUC] Telangana, at t f Hyderabad. [OUT]

6. Two CD Copies I To PSK. BS \k HIGH COURT DATED:0710'112025 ORDER WP.No.523 of 2025 c o k t T4!fH1 2 t I/,N ?025 (n ( 2 C, .} s T/l c EO DISPOSING OF THE WRIT PETITION WITHOUT COSTS I

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