✦ High Court of India · 23 Jan 2025

Kammari Ganga Ram v. The State of Telangana

Case Details High Court of India · 23 Jan 2025
Court
High Court of India
Decided
23 Jan 2025
Bench
Not available
Length
1,024 words

The Thasildar, Sanga Reddy Mandal At Sanga Reddy District Sri Gopal Rao, S/o Not :Known to Petitioner Age about 40 years, Occ. Business, F|/o Kalwakunta, Sanga Reddy Town Sanga Reddy District 2 3 4 ...RESPONDENTS 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 an appropriate writ, order or Direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondent authorities in rejecting the online application submitted by the petitioner bearing Vide Application No. 19108800000'121, dt.03-05-2021, for conection of Name of K.Veeraiah in the place of The Respondent No.4 in revenue Records despite submitting the relevant records evidencing the owner of petitioner father K.Veeraiah, as being illegal, arbitrary, unjust and unconstitutional. *7 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 respondent authorities to re-consider the online application bearing Application No. 19T08800000121 , dt.03-05-2021, and to issue Patta Pass Book pertaining to the father of the petitioner by correcting the name of father crf Petitioner Viz. K.Veeraiah in the place of Gopal Rao in respect land in s,urvey No. 256, admeasuring Ac.O.0'1 Gts Situated at Kalwakuntla Village, Sanga Reddy, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI MEESALA VINOD KUMAR Counsel for the Respondent Nos.1 to 3: GP FOR REVENUT: Counsel for the Respondent No.4:---- The Court made the following: ORDER I ! l HON'BLE SRI JUS?ICE C.V. BHASKAR REDDY WRIT PETITION No.1 84O of 2025 ORDER: . This writ petition is hled seeking to declare the action of the respondent authorities in rejecting the application No. 19TO88O0OOO12i, dated 03.O5.2O21 for correction of name of K.Veeraiah in the place of respondent No.4 in revenue records as illegal and arbitrary and consequently prayed for other appropriate relie[s.

2. It is stated that the petitioner's father by name K.Veeraiah was the owner and possessor of the land to an extent of Ac. 1.02 guntas in Sy.No.256 situated at Kalwakuntla Village, Sanga Reddy Town and District and his name was recorded as pattadar in all the revenue records and he was also issued pattadar passbook uide Patta No.558 as per the provisions of the Telangana Rights in Land and Pattadar passbooks Act,

1977. It is further stated that out of the said extent, the father of the petitioner had alienated an extent of Ac. 1.O0 in favour of Smt.Jangam Amruthamma through registered sale cleed bearing document No.8O7 of 1995, dated 2O.02.1995 and also executed a gift deed in favour of his son uide document No.9447 of 2OO9, dated 26.1O.2O09 in respect of land an extent of Ac.O.O1 gunta L- :., N l 2 (]VBR, J \\i, 18.10 2025 arrd an extent of Ac.O.O1 gunta is remained in his narne' It is further stateci that after the death of his father' the petitioner approached the revenue authorities seeking for mutation of the said extent ol-Ac.O.O1 gunta, he came to know that the name of respondent No.4 is reflecting as pattadar for the said extent and therefore, he made an application No' 19TO8800000lil 1' dated O3.O5.2O21 seeking for correction of the entries and the samc was rejected without assigning any reasons'

3. Considered the submissions of the learned counscl for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos' 1 to 3 and with their consent, this writ petition was disposed at the admission stage. In view of the nature of reliel sought for in this writ petition, issuance of notice to the unoflicial rt:spondent is dispensed with.

4. This Court has carefully examined the impugned order rejecting the application submitted for issuance of c-pattadar pass book. trxcept saying that the application submitted by the petitioner is rejected by the Collector, no valicl reasons whatsoever has been assigned to enable the pel-itioner to take appropriate action. Since the impugned order is not in 3 CVBR, ] Wp llt40 1025 consonance with the principles of natural justice, the same is liable to be set aside and accordingly, the same is set aside and the respondent authorities are directed to re-examine the application No.19TO880OOO0121, dated O3.O5.202 i submitted by the petitioner and if he is otherwise eligible and entitle and fulhl all the requirements mentioned in CCLA's circular No. I ol 2O2I, dated LS.OI .2021 and Circular No. I of 2024, dated

24.02.2024 and also the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O, consider the same.and pass a reasoned order in accordance with law and communicate the sarne to the petitioner, within a period ol eight (08) weeks from the date of receipt of the application.

5. With the above observations, this Writ Petition is allolved. There shall be no order as to costs.

6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. \ To, //TRUE COPY// SD/-N. SRIHARI ISTANT REGISTRAR SECTION OFFICER 1 2 J 4 E b TJ GJP Ir-Tgllll i_9!l"Jgry, Revenue Deparrment, The State of Tetangana, Jecretanal Hv0erabad. The District Cbllector, Sanga Reddy District. The Thasildar, Sanga Reddy Mand'at At Sanqa Reddv District one CC to Sri Mee-sata vin6d Ku;;r, nor"Zit"ioifu'cl ]w9 CCs to Gp for Revenue, High Court foi1r," dt"tJoir"rangana, at Hyderabad [OUT] Two CD Copies l+- I I HIGH COUR-T DATED:2310112025 ORDER WP.No.1840 of 2025 ( ,) I Fl: s14i'e 1tro 1 1 APFI 2025 2 o .t' t Og .s pA:T a. ALLOWING THE WRIT PETITION WITHOUT COSTS Q*- -rIfr.q=

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