✦ High Court of India · 04 Feb 2025

High Court · 2025

Case Details High Court of India · 04 Feb 2025

Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in rejecting the case of the petitioner in application No.220007 4240 through Dharani portal, without service of any written order on the ground of Vendor name not tallied, which was made for mutation of his name, in respect of land bearing Sy.No.100/AA/3/2 admeasuring Ac.1-00 Gts., situated at Kothur Village and Mandal, Ranga Reddy District, is illegal, arbitrary, unjust, unconstitutional, violation of principles of natural justice and also contrary to the provisions of Telangana Rights in Land and Pattadar Passbook Act,202O and rules made thereunder, and consequently direct the respondents 2 and 3 to reconsider the application of the petitioner dated. 1 3.09.2 022 vid e Application No.220007 424O 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 respondents. to reconsider the application of the petitioner dated. 13.09.2022 vide Application No.220007424O made for mutation of concerned revenue records by incorporating the name of the petitioner in Dharani web portal, and for issuance of new electronic pattadar passbook-cumtitle deed in respect of land bearing Sy.No.100/AA/3/2 admeasuring Ac.1-00 Gts., situated at Kothur Village and Mandal, Ranga Reddy District, by suspending the refusal order, pending disposal of the writ petition Counsel for the Petitioner: SRl. MOHD MOIN AHMED QUADRI Counsel forthe Respondents: GP FOR REVENUE The Court made the following: ORDER I I r: THE HON'BLE SRI JUSI'TCE C. V. BHASKAR REDDY \VRIT PETITION No.308l OF 2025 ORDER: The writ petition is filed seeking fotlowing relief: "... to issue a wril, order or direction more particularly one in the nature of Writ oJ Mandamus declaring the action of the respondents in rejecting the case of lhe petitioner in application No.2200074240 through Dharani porta,l without sen'ice of any wrilten order on thc ground of "Vendor name not tallied" which was made .for mutatio,l of his name in respect of land bearing Sy.No.l00/AA/3/2 admeasuring Ac.l-00 Gts situated at Kothur Village and Mandol, Ranga Reddy District is illegal, arbitrary, unjust, unconstitulional, violation of principles of natural justice and also contrary to the provisions of,Telangana Rights in Land and Paltadar Passbook Act' 2020 and rules mode thereunder, and consequently direct the respondents 2 and 3 to reconsider the application of the petitioner dated t 3.0. 2022 vide Application No.2200074240 and to pass. . .".

2. It is stated that the petitioner is the owner and possessor of the land admeasuring Ac.l-00 guntas in Survey No.l0OlA,Al3l2 situated at Kothur Village and Mandal, Ranga Reddy District, having succeeded to the same from his father, who purchased under registered sale deed bearing document No.2605 of 1995 dated

05.08.1995. The name of father of the petitioner is recorded in the revenue records and he was issued pattadar passbook under the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass ) Books Act I 97 1 (for short 'Act 197 I '). It is stated that petitioner has submitted application bearing No.2200074240 dated 13.09.2022 in the prescribed format in the Dharani portal as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act 2020 (for short 'Act 2020) for issuance o[e- pattadar passbook to enable him to avail various incentives sanctioned by the Govemment. It is further stated that as the respondent authorities were not considering his application, petitioner filed W.P. No.40398 of 2022 before this Court, and this Court by the order dated 03. I 1.2022 has disposed of the writ petition, directing the respondents therein to consider the application of the petitioner and pass orders, by putting on notice all the interested/affected persons, within a period of eight (8) weeks from the date ofreceipt ofa copy ofthat order. Grievance ol-the petitioner is that that even after the said order, respondents have not considered application of the petitioner in accordance with the r\ct 2020 aod rejected the application o[ the petitioner stating that "Vendor name not tallied".

3. Mr. Mohd. Moin Ahmed Quadri, leamed counsel for the petitioner submitted that ,rgspondents neither conducted any enquiry nor taken into consideration the sale deed bearing document No.2605 3 of 1995 dated 05'08'1995 executed in favour of the father of the petitioner and pattadar passbook issued to petitioner's father under provisions of the Act 1971' Learned counsel strenuously contended that the action of respondents in communicating the rejection order on Whatsapp without assigning any reasons not only amounts to violation of Articles 14' 21 and 300A of the Constitution of India but also in violation of principres of natural justice and is liable to pay costs for rejecting the application of the petitioner for mutating his name in the revenue records in respect of the subject land which stands in the name of his father' without assigning any'reasons' 4. Prima facie' it appears that respondents have not applied their mind while considering the application of the petitioner' who approached this Court for mutating his name in the revenue records relying upon the sale deed executed in favour of his father and also the pattadar passbook issued to his father under the provisions ofthe Act 1971. Except stating that name of vendor of the petitioner is not reasons whatsoever have been assigned by the while rejecting the application of the petitioner' The pondents in repeatedly rejecting the applications despite tallYing no resPondents action of res 4 the directions issued by this Court in W.P. No.40398 of 2022 dated

03.11.2022 amounts to violation of principles of natural justice

5. In view of the above, the writ petition is allowed setting aside the impugned order passed by the respondent No.2 and respondent Nos.2 and 3 are'directed to reconsider the application of the petitioner bearing No.2200074270 dated 13.09.2022 lor mutating his name in the revenue records and for issuance of e-pattadar passbook in respect of the land admeasuring Ac.1-00 guntas in Survey No.l00lAN3l2 situated at Kothur Village and Mandal, Ranga Reddy District, by duly taking into consideration the registered sdle deed bearing No.2605 of l 995 dated 05.08. 1995 executed in favour of the father of the petitioner and pattadar passbook issued in favour of thc father of the petitioner under the provisions of the Act I 97 I , within a period of two (2) weeks fiom the date of receipt of a copy of this order. If the petitioner is not etigible for mutation of his name in the revenue records and for issuance of c-pattadar passbook in respect of the subject land under the provisions of the Act 2020, respondents shall pass reasoned order and communicate the same to the petitioner. There shall be no order as to costs. I I 5 As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. //TRUE COPY// SD/-A.V.S. PRASAO ASSISTANT REGISTRAR S N OFFICER To, '1. The Princioal Secretarv, Revenue. Department, Secretariat, T.S.,Hyderabad 2. The Districi Colector, riinga Reddy Dlt;i;i. '' -"' 3. The Tahsildar, Kothur Mandal, Ran'qa Reddy District. 1. 9ne CC to SRt. MOHDJLitO_tN AHMEO OUAOnr, Advocate tOpUCl 5. Two CCs to GP FOR REVENUE ,High Court tor'tfre Staie oiieLifana at 6. Two CD Copies Hyderabad [OUT] BM BS Yv HIGH COURT DATED:0410212025 ORDER WP.No.3081 of 2025 1 HE Sre t, 14 tEB zffi a 1l I ALLOWING THE WRIT PETITION WITHOUT COSTS qcoe(d> Vr =NEt^"

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