✦ High Court of India · 30 Jan 2025

TH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE v. BHASKAR REDDY Between

Case Details High Court of India · 30 Jan 2025

the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 and 3 to consider the Petitioner's Application No: 2400122223 daled 18.11.2024, pending disposal of the above Writ Petition Counsel for the Petitioner: SMT. K. KIRAN MAYEE Counsel for Respondents: GP FOR REVENUE The Court made the following: ORDER 7 HON'BLE SRI WSTICE C.V.BHASKAR REDDY U/RIT PETITION No.2689 of 2o25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is hled se,:king the following relief " . . ..to issue an order, direction, urit more partianlarlg Vlit of Mondamus; declaing the action of the Respondents in not consideriryT tlae Petitioners Application No.24OO 122223 dated 18. 1 1 .2O2.f for mutating/ recording the name of the Petitit>ner as the Patted and possessor in reuenue records in respect of the land adme,asuing Ac.1-1O gts of land in Sg.No.273 situated at Peddashatrtt,r Village, SLnmstnbad Mandal as illegal, improper, uny.Lst, orbit,ary and uolatiue. of Article 3O0A of the Constituhon of India.. . . "

2. Considered the submissions of the learned counsel for the respective parti(s and perused the record. J It is stated that the petitioner herein is the ou'ner and possessor of lrrnd admeasuring Ac. 1-10 guntas in Sy.No.273 situated at Pe,ldashapur Village, Shamshabad Mandal., Ranga Reddy District., having acquired by way of registered sale deed bearing document No.7165 of 2OO7, dated 06.10.2OO7. lt is further stated that the petitioner has submitted an application dated

24.09.2021 for mutation of his name in the revenue records; and when the respondent authorities have not considered the same, he filed W.P.No.3l!l76 of 2022 before this Court and the sarne was 2 disposed of by order dated 04.08.2022 directing the respondents therein to consider the said application within eight weeks. It is further stated that when the respondents have not complied with the said orders, he filed C.C.No.898 of 2023 befor€ this Court and the dame was disposed of vide order dated 08.11.2O24 directing the petitioner to make a fresh online application; and in pursualce of the said directions, he submitted al online application vide No.24OO 12222 3 dated 18.11.2024, but till date, no action has been taken by the respondents on the said application.

4. Learned Assistant Government pleader for Revenue appearing for the respondents submitted that as per Section 4 of Telangana Rights in Land and Pattadar pass Books Act, l97I (hereinafter referred to ROR Act, l97l), any person acquiring by succession, survivorship, inheritance, partition, Government patta, decree of a court or otherwise any right as, owner, pattadar of a land and any person acquiring any right as occupant of a land by any other method shall intimate in writing his acquisition of such right, to the Tahsildar within thirty days from the. date of such acquisition; and even though the petitioner has obtained registered sale deed in the year 2OO7, he has not submitted arly application within the stipulated lime under the provisions of the Act, 1971. Learned Assistant Government Pleader for Revenue further submitted that the Government has repealed the Act, 1971 arrd T7 3 enacted new Act called as "the Telangala Rights in Land and Pattadar Pass f]ooks Act, 2O2O" (for short 'Act, 2O2O'1, zurd under the provisions of new Act, no such power has been conferred on the revenlre authorities for condoning the delay in entertaining the applications fik d by the aggrieved persons for mutation of their names in the re'renue records.

5. In view of the said submissions, whether the a.pplication submitted by the petitioner is maintainable for mutatron of his name in the rev:nue records as per the registered sale deed bearing document No.7165 of 2OO7, dated 06.10.2007 and whether any \ \ powers are conflerred on the revenue authorities to entertain the application sub.nitted beyond the prescribed time limit under the provisions of tJrr: Act, 1971, and as it is stated that the Government has repealed ttre Act, 1-971 and enacted new Act called. as "the Telangana RigJrl.s in Lald and Pattadar Pass Books Act, 2O2O" {for short Act, 2O2O), wherein there is no provision under the Act,2O2O for condoning r:tLe delay to receive the application submittecl with arr inordinate de1a1 , this Court, without going into the merits of the case, deems it e.ppropriate that ends of justice would be met if the respondents are directed to examine online application No.24OO122223 dated 18.11.2024 submitted by the petitioner and if he fulfils all t:re necessar5r requirements as per the provisions of the Act, 2O2O and in accordalce with the circular instructions 4 issued by the Chief Commissioner of Land Administration, after issuing notices to the petitioner and _other interested/effected parties, the respondents are directed to pass a reasoned. order in accordance with law within a period of eight (08) weeks from the date of receipt of a copy of the order and communicate the same 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. //TRUE COPY// Sd/- L. LAKSHMI BABU ASSISTANT REGISTRAR s CTION OFFICER The District Collector, Ranga Reddy District. The Tahsildar, Shamshaba-b Mandil, Ranoa Reddv District. One CC to Smt. K. Kiran Mayee Advocate-[OpuC]' Two CCs to GP For Revenue, High Court fbr the State of Telangana. [OUT] Two CD Copies To, 1 2 4 5 MBC s HIGH COURT CVBR,J DATED: 3010112025 ( ? ) \ +,, 't r{E 9tA 14: 0 | I\IAB 2[25 '!1 + +, -.2/ ' ^nr.',"-t<' -t- ORDER WP.No.2689 of 2025 I % DISPOSING OF WRIT PETITION WITHOUT COSTS

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