✦ High Court of India · 24 Jan 2025

High Court · 2025

Case Details High Court of India · 24 Jan 2025
Court
High Court of India
Decided
24 Jan 2025
Bench
Not available
Length
1,213 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 an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus under Article 226 of Ihe Constitution of lndia declaring the inaction of the Respondents in considering the Petitioner s Online Application vide No.2400092000 dated.04-09-2024 and Representation dated.28-04-2021 before 2nd and 4th Respondents for correction of data in concerned revenue records and for issuance of Pattadar Pass Books in hts name in respect of Agricultural land in Sy.No.50/E to an extent of Ac.3-15 gts., situated at Padamatisomaram village, Bibinagar Mandal, Yadadri-Bhuvanagiri Dlstrict, as being null, void, discriminatory, arbitrary, illegal, contrary to law apart from being violative of Articles 14, 19 and 21 and 300-A of the Constitution of lndia and consequently direct the 2nd and 4th Respondents to consider the Online Application vide No.2400092000 dated.04-09-2024 and Representation dated.28-04-2021 of Petitioner for correction of data in concerned revenue records and for issuance of Pattadar Pass Books in his name in respect of Agricultural land in Sy.No.50/E to an extent of Ac.3-15 gts., situated at Padamatisomaram village, Bibinagar Mandal, Yadadri-Bhuvanagiri District lA NO: 1 OF 2025 Petition under Section '1 51 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 and 4th Respondents to consider the Online Application vide No.2400092000 dated.04-09-2024 and Representation daled.28-04-2021 of Petitioner for correction of data in concerned revenue records and for issuance of Pattadar Pass Books in his name in respect of Agricultural land in Sy.No.50/E to an extent of Ac.3-15 gts., situated at Padamatisomaram village, Bibinagar Mandal, Yadadri-B huvanagiri District, pending disposal of the main Writ Petition pending disposal of the above writ petition Counsel for the Petitioner: Ms. M. SARITHA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER Y THE HON'BLE SRI JUSTICE C.V.BHASI{AR REDDY WRIT PETITION No.1954 OF 2025 ORDER: This writ petition is filed with the following relief:- "...ro issue dn appropnate u.tr.t, order or dircchon more parti..)IarlV one in the nature of Writ of Mandamus und.er Article 226 of the Constitution of India declaing the rnaction.of the Respottdeats ia consideing the Petitioner's Onlitle Application vide No.24OOO92OOO dated O4.O9.2O24 and Representation dated 28.04.2021 before bd.and 4th Respond.ents for correction of d.ata in concerTled. teuenue records and for isstudnce of Pattddar Pass Books in his name in respec,t oJ Agicltlturq.l land in SA.No.'O/E to an ertent of Ac.3O15 gts., situated dt Padamatisomdram Vittage, Bibinagar Manddl, Yddadi-Bhuuanagii Distict, as being nult, uoid, disciminatory, arbitrary, illegal, contrdry to law apafi Jrom betng uiolatiue of Articles 14, 19 dnd 21 dnd 3OO A of the Constitutioa of Indid dnd consequentlA direct the 2nd and 4t^ respondents to consider the Oftline Application uide N1.24OOO92O0O dated 01.09.2024 dnd Representation dated 28.04-2021 of the petitioner for conecttoa of data in concemed reuenue records and for issuance of Pdtladar Pass Book.s in his name in respect oJ Agiaiturdl ldnd in S7.No.SO/E to an extent oJ Ac.3-15 gts., situated dt Padamdtisomaram Village, Bbinogar Mandal, Yadad.i- Bhuuanagii Dast,?,ct, and to pa,ss such other order or orders as this Honble Couft maA deems frt just dnd proper in the circumstances of the case".

2. Considered the submissions of the learned counsel for the parties and with their consent this writ petition is disposed of at the admission stage.

3. It is stated that the petitioner is the absolute owner and possessor of the agricultural land to an extent of Acs.3- 15 guntas in Survey No.5O/E, situated at Padamatisomaram Village, Bibinagar Maldal, Yadadri-Bhuvanagiri District. It is stated that during the life time of the father of the petitioner, the subject property was mortgaged to the Primary Agricultural Credit Society (PACS), Bibinagar utde Mortgage Deed document No.6229/1998. 2 C\tsR, J wp_1954 2025 It is further stated that the petitioner's father expired in the year 2Ol9 and thereafter, the petitioner has discharged the amounts payable to Primary Agricultural Credit Society and executed Redemption of Mortgage Deed uide document No.99O8/2019, dated OI.O7.2( lg. lt is stated that after releasing of the subject property by way of Redemption, the petitioner has made an application for grant of succession and also consequential mutation and issuance of the pattadar pass book as per the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 9 of 2O2O (for short, 'the Act, 9 of 2O2O) uide application No. 24000920O0, dated 04.O9.2024.

4. The grievalce of the petitioner is that even though he complied with all the requirements, the respondent authorities are not conducting any enqurry for grant of Pouthi lzafa and consequential mutation as per the provisions of the Act, 9 of 2O2O.

5. Learned counsel for the petitioner vehemently contended that the petitioner hails from an agricultural family and unless pattadar passbooks are issued in his favour in respect of the subject property, he is not in a position to receive various incentives being sanctioned by the Government as investment subsidies. 3 CVBR,J wp_1954 2025

6. In view of the above, this Court deems it appropriate to dispose of the writ petition by directing the respondents to examine the application submitted by the petitioner dated 04.O9.2024 and lf it is found that the said application fulfils all the requirements of ROR Act, 9 of 2O2O and circular instructions issued by the Chief Commissioner of Land Administration, they shall pass an appropriate order in accordance with law, conversely, if it is found that the petitioner is not eligible, the respondents are directed to pass a reasoned order and communicate the same to the petitioner, within a period of eight (8) weeks from the date of receipt of a copy of this order.

7. With the above observations, this Writ Petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/. P.Ch. NAGABHUSHAMBA S TANT REGISTRAR SECTION OFFICER To, 1 2 J 4 5 6 7 riat, T.S.,Hyderabad Mandal, Yadadri Bh uvanagiri District The Principal Secretary Revenue DePartment Sec District Collector, Yadad ri Bhuvanagiri District The Revenue Divisional Officer, Bhongiri, Yad adri Bhuvanagiri District The Tahasildar, Bi One CC to Ms. IVl Two CCs to GP F Hyderabad [OUT] Two CD CoPies BM GJP Y{ binagar , SARIT HA, Advocate [OPUC] OR REVENUE ,High Court for the State of Telangana at HIGH COURT DATED:2410112025 ORDER WP.No.1954 of 2025 IORt cHt- i) T 7 * 0 t luL ?0?5 : t,- .'-::{ + -tgo DISPOSING OF THE WRIT PETITION WITHOUT COSTS rot@ &.

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