✦ High Court of India · 08 Jan 2025

Sri Vennu Ramesh v. '1 . The State of Telangana

Case Details High Court of India · 08 Jan 2025
Court
High Court of India
Decided
08 Jan 2025
Bench
Not available
Length
1,228 words

Petition Under Article 226 o'f lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondent Nos.2 to 4 in correcting the Data of Pattedar Passbook with respect to land to an extent of Ac.1-2O guntas in Sy No.159/2/4 and Ac.1-38 1/2 guntas in Sy No.159/2/AA totally admeasuring Ac.3- 1B 1/2 gts situated at Anthampally Village, Bhiknoor Mandal, Kamareddy District, Telangana by deleting from the list of prohibitory properties and issuance of pattedar passbook pursuant to the Application No.2400079660 dated 12.08.2024 in Dharani Module No.TM.33 is as being illegal, arbitrary and violative of fundamental right guaranteed under Articles 14, 21 and constitutional right to property under Article 300-4 of the Constitution of / lndia and consequenfly direct the Respondent Nos.2 to 4 to passbook with respect to subject land. !ssue pattedar |.A.NO:1 OF 202! Petition Under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct rhe Respondent Nos.2 to 4 to take cognizance upon the Apprication No.2400079660 dated 12.08.2024 with respect to rand to an extent of Ac.1-20 guntas in Sy No.159/2 /A and Ac.1-38 1/2 guntas in Sy No.159/2/AA totally admeasuring Ac 3- 18 1/2 gts situated at Anthampaily Viilage, Bhiknoor Mandar, Kamareddy District, Telangana, pending disposal of the above writ petition. Counsel for the petitioner : SRI R.S.SUMITH RAJ Counsel for the Respondents : AGp FOR REVENUE The Court made the following ORDER I HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.537 of 2o25 ORDER: This writ petition is filed praying this Court to declare the action of respondent Nos.2 to 4 in not correcting the Data Pattadar Passbook in respect of the land to an extent of Ac. 1.2O guntas in Sy.No. 159/2/A and Ac.1.38 % guntas in Sy.No. 159/2/AA, situated at Anthampalty Village , Bhiknoor Mandal, Kamareddy District by deleting the same from the list of prohibited properties and issuance of pattadar passbook pursuant to the online application No.240OO79660, dated

12.Oa.2O24 made in Dharani Portal as illegal, arbitrary and violative of Articles 14, 2l and 300-A of the Constitution of lndia and for other appropriate reliefs.

2. It is stated that the wile of the petitioner by name Vennu Swaroopa was the owner and possessor of land to an extent of Ac.I.2O guntas in Sy.No.l59/2lA and Ac. 1.38 '/z guntas in Sy.No. 159/2/AA, situated at Anthampally Village, Bhiknoor Mandal, Kamareddy District and the revenue authorities have mutated her name in the revenue records and also issued pattadar passbook and title deed No.53l1L3 uide Patta No.447 I I ). CVBR, J Wp 537_2025 in her favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short "the Act, l97l"l and the Rules made thereunder. tt is lurther stated that the ver-rc{ors of the petitioner's wife are in possession of the said property prior to the policy enunciated by the State Government uide G.O.Ms.No.14O6, dated 25.O7.1958. It is further stated that claiming that the lands are assigned land and the assignees have violated the conditions of the assignment patta, the respondent authorities have initiated cnquiry as per the provisions of the Telangana Assigned Land (Prohibition of Transfer) Act, 1977 (for short "the Act, 1977"1 and respondent No.4 has passed the resumption orders uide proceedings No.A2l1660/2015-2, dated, 09.12.2016. It is further stated that questioning the said resumption proceedings, the petitioner filed Appeai No.18O of 2Oi7, under Section 4-A of the Act, 7977 and by ari order, dated 20.Ol.2O2O the said appeal was allowed by setting aside the resumption orders. It is further submitted that in compliance of the order passed in the said appeal, uide Memo No.A2/ 166O/2O 15, dated lO.O2.2O2O, respondent No.4 directed the Village Revenue Officer, Anthampally, to incorporate the name of the petitioner in the revenue records and take necessary action for issuance -------7 I I CVBR, J Wp-,537 2025 of new pattadar passbooks and report compliance. It is further stated that in pursuance of the said Memo, the petitioner has submitted Online application No.240oO79660, dated

12.08.2024 seeking for issuance of e-pattadar passbook in respect of the subject land and also for deletion of the subject property from the list ol prohibited properties. The grievance of the petitioner is that even after receiving the same, the respondent authorities are not considering the said application.

3. Considered the submissions of the learned counsel for the respective parties and with their consent, this '*,rit petition is disposed of at the admission stage.

4. In view of the submission made by the learned counsel for the petitioner that the subject lands have already been deleted from the list of prohibited properties by the proceedings of respondent'No.3 and since the petitioner has already submitted online application No.240OO7966O, dated 12.08.2024 seeking for issuance of pattadar passbook under the provisions of the Telangana Rights in land and Pattadar Passbooks Act,2O2O (for short "the Act 9 of 2O2O") and also carrying out necessary entries in Dharani Portal, this Court deems it appropriate to dispose of this writ petition directing the respondents to \ I 1 CVBR. J wp 537 _2025 examine the said application and if the said application fullilled all the requirements of the provisions of the Act 9 of 2O2O and also the circular instructions issued b.y the CCLA uide circular No. I of 2021, daLed lS.Ol.2O21 and Circular No.l of 2024, dated 28.02.'2024, they shall pass appropriate reasoned order in accordance with law and communicate the decision thereon to thc pe titioner, within a period of eight (0g) weeks from the date of receipt of a copy of this order.

5. With the above observations, this Writ petition is disposed of. There shall be no order as to costs. €t As a scquel, the miscellaneous petitions pending, if any, shall stand closed //TRUE COPY// SD/.T. TIRUMALA DEVI ASSISTANT REGISTRAR h\l c ION OFFICER

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

2. The District Collector, Kamareddy District, Kamareddy. 3. The Revenue Divisional Officer and Competent Authority, Kamareddy Kamareddy District.

4. The Tahsildar, Bhiknoor Mandal, Kamareddy District. 5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

6. One CC to SRI R.S.SUMITH RAJ, Advocate IOPUC] 7. Two CD Copies v I I To SA BS I a I L T r 2 g JAN 2025 (,) o l, t Or SI'A1C HIGH COURT DATED:0810112025 ORDER WP.No.537 ot 2025 DISPOSING OF THE W.P WITHOUT COSTS. Wv €

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