✦ High Court of India · 10 Feb 2025

High Court · 2025

Case Details High Court of India · 10 Feb 2025
Court
High Court of India
Decided
10 Feb 2025
Length
1,149 words

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 declare the inaction of the respondent no.2 not initiating in any proceedings to correct the wrong entries in Application No. 2300355624, dated o8to5t2o23 as illegal and also direct the District collector, R.R. District, i.e. the respondent No.2 to incorporate the name of the petitioner in respect of the land bearing Sy. No. 1 '19, admeasuring Ac. 5-00 gts, situated at Mankhal village, Maheshwaram mandal, Ranga Reddy District, in the revenue records, more particularly one in the nature of Writ of Mandamus. 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 rro. 2, to incorporate the name of the petitioners in the revenue records in respect of Sy. No.1 19, admeasuring Ac. 5-00 gts, situated at Mankhal village, Maheshvuaram mandal, Ranga Reddy District, pending disposal of the present Writ petition. Counsel for the J,etitioners: SRI G.RAMA CHANDER RAO Counsel forthe Respondents: GP FOR REVENUE The Court made the following: ORDER HON'BLE SRT JUSTICE C.V. BHASKAR REDDY ORDER WRIT PETITION No.3639 of 2o25 It is stated that the petitioners are the owners and possessors of the agricultural land to an extent of Acs.S.OO guntas in Sy.No. 1 19 of Mankhal Village, Maheshwaram Mandal, Ranga Reddy District. It is further stated that when the disputes arose over the subject land, petitioner Nos. 1, 2 and,4 were constrained to institute a suit for partition uide O.S.No.154 of 2022 on rhe hle of the V Additional Disirict Judge, Ranga Reddy District. It is further stated that pending adjudication o[ the said suit, at the intervention of the elders and well wishers, the plaintiffs and defendants in the said suit have entered into a compromise and hled an application under Order 23 Rule 3 of C.P.C. and recording the said compromise the said suit was decreed uide ludgment and decree, dated 27 .O4 .2022. It is further stated that after obtaining the judgment and decree, the petitioners have made an application No.23OO355624, dated 08.05.2023 seeking for mutation of their name in the revenue records in terms of compromise decree in O.S.No.154 of 2O22. The grievance of the petitioners is that even after receiving the said zipplication, the respondent authoritre.s are not considering the same. .,] 2 (--VBR, J wp_36.]9_2025

2. Considered the submissions of the learned counsel for the petitioners anrl Sri L.Ravinder, learned Assistant Gover.nment Pleader for Resenue appearing for respondent Nos.l to 4 and with their con sent, this writ petition is being disposed at the admission stage.

3.. Learnecl Assistant Government Pleader for Revenue appearing for the respondents, relying upon Se ction 7 of the Telangana RigLrts in Land and Pattadar Passbooks Act, 2Ct2O (for short "the ROI? Act, 2020") has submitted that if any perso'n, who acquires right by decree of a Court and seeks to change the entries in Record of Rights, shall apply, through the rvebsite prescribed for this purpose, to the Tahsildar for allotting available dat<: and time to appear before the Tiihsildar and if such an application being submitted by the dec rce holder, the Tahsildar is conferred with the powers to carry out the changes to the relevalrt entries in the Record of Rights instantl'r, duly deleting the lilnd covered by the decree from the accounl o[ the judgement debtor and adding the same to the account of the decree holdcr r,r,herc the pattadar and property particulars in the decree are in,:onsonance with the entries in the Record of Rights and on paymerlt of Stamp Duty and Registration fee pre:;cribed H 3 CVBR, J wp_3639 J02s as per the Registration Act and the Indian Stamp Act respectively, if not collected by the Court before issue of the Decree and mutation charges prescribed.

4. In view of the above submissions and since it is the case of the petitioners that they being the decree holders have.frled application under Section 6 of the ROR Act, 2020 seeking for I I grant of Pouthi Izafa/ Succession and consequential mutation of their names in the revenue records and issuance of pattadar passbooks in terms of the judgment and decree in O.S.No.154 of 2022, t}ris Court deems it appropriate to dispose of this writ petition directing respondent No.4 to examine and consider the petitioners' application No. 2300355624, dated O8. 05. 2023 after issuing notice to all the persons interested and effected for alteration/change of the revenue records in respect of the subject land, if the petitioners have complied with all the requirements of Sections 6 and 7 o[ the ROR Act, 2O2O and also the circular instructions issued by CCLA uide circular No.l of 2021, dated l5.Ol.2o2l and Circular No. 1 of 2024, dated 2a.O2.2O24. Further, if the petitioners are otherwise not entitled for the same, pass a reasoned order and communicate the I 4 (]VBR. J wp 36)9 2025 decision thereon to the petitioners within a period of eiilht (O8) u,eeks from tl-rc date of receipt of a copy of this order.

5. With the above observations, this Writ Petition is disposed of. There sha1l be no order as to costs.

6. As a seeuel, the miscellaneous petitions pending, if any, shall stand closed //TRUE COPY// SD/. MOHD. ISMATL REGISTRAR ASSI t ON.OFFICER To of Telanqana 1 . The Principal Secretary, Revenue Department, Secretariat, Hyderabad, State z i'tre Oistiict Collector, Ranga Reddy District, at Kongara Kalan 5. iij" nei"nreiiiuisionat ofricer, Kahdukuru Division, Ranga Reddy district' a. fn" fif,.itOar, Maheshwaram mandal, Ranga Reddy D^istricJ, s. on" cCio sit G.RAMA CHANDER RAo, Advocate toPUCl- 6. il; ccs to ci' FoR REVENUE, High court for the State of Telangana, at 7. fwo CD CoPie:s Hyderabad. [C,UT] PSK. qY I HIGH COURT DATED:1010212025 ORDER WP.No.3639 of 2025 .1 t14sE 1 I tEB 2025 /< ) ) i/t \.. ,\. o-- \: ./ ,,,i' DISPOSING OF THE WRIT PETITION WITHOUT COSTS L v' \1. vS

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