✦ High Court of India · 13 Feb 2025

The High Court · 2025

Case Details High Court of India · 13 Feb 2025
Court
High Court of India
Decided
13 Feb 2025
Bench
Not available
Length
1,044 words

Acts & Sections

Raballi Srihari. S/o. R. Satvanarayana, lndian, Aged.73 years years, Occ: Ex_ r, R/o H. No. .1 -'8.64, i r,, rcn Co,iibl,ii,i,i s J,i. o"t i;;;, d,;+;& ;E?i:i.r AND ,.,PETITIONER 1 2 3 4 3!1i?ii#]ii,,,ilSi5ep. by its Principa I Secreta ry Reven ue Department, The Diskict Collector, Suryapet District. Revenue Divisional Officer, Suryapet Revenue Division, Suryapet Diskict. The Tahasildar, Suryapet Mandal, Suryapet District. ...RESPONDENTS Petition under Arlicre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit tileO therewith, the High'C;r;;;y;; pleased to issue an appropriate writ, order or direction more particurarry one in the nature of writ of Mandamus de_craring the actron of the Respond"ni r,ro.i in not considering the petitioner's onrine Apprication vide zorr,lnosoooz r ss96 date.06-11-2024 and Representations aatea.ba-t 1-2024, 2o_12_2oz+ roiissuirg of pendrng pattadar passbook vide ppB f.fO ize2iOf ZS3g i; ;p;;i oi agricurturar rand to an extent of ac.03-21 gts., in Sy.No.24611 .1, situated ,t piirrL Ma,i village, suryapet Mandar, Surveyape't districi,'as nu , void and a..oitiary rnJ against Articre 300-4 of constitution of rndia and consequenfly direct the Respondent No.4 to consicler the petitioner,s Orlir" " Appiilrti;;"' #; 26r\4Ros0002i9596 date 06-1 1-2024 and Representationr ariuJ.ba-ii-zdza1 20-12-2024 to issue the pending pattadar passbook uio" ppe No.T292101233d rn respect of agricultural land to an extent of Ac.O3_21 gt.. in Sy.No.ia6l1 X situated at Pillala Marri village, Suryapet Mandal, Surveyapet district. lA NO: 1 OF 2025 Petition under Section.l51 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 No.4 to consider the Petitioner's online Application vide 26MROSOOO219596 date.06-1 1-2024 and Representations daled.04-11-2024, 20-12-2024 to issue the pending Pattadar Passbook vide PPB No.T2921012339 in respect of agricultural land to an extent of Ac 03-21 gts., in Sy.No.246l1 1, situated at Pillala Marri village, Suryapet Mandal, Surveyapet dlstrict, pending disposal of the above writ petition. Counsel for the Petitioner: SMT. M. SARITHA Counsel for the Respondents: SRI L. RAVINDER, ASST, GP FOR REVENUE The Court macle the following: ORDER , a HON'BLE SRI JUSTICE C.V. BTIASKAR REDDY WRIT PETITION No.4158 of 2O25 ORDER: It is stated that the petitioner is the owner and possessor of the agricultural land admeasuring Acs'03'21 guntas in Sy.No.246/11 situated at Pillalamarri Village, Suryapet Mandal and District. It is further stated that the petitioner is the Ex- Serviceman, retired from lndian Navy and as per the policy enunciated by the Government in G'O Ms'No '743' dated 30.04.1963, the said land was assigned to him under Ex- Servicemen quota uide Final Patta proceedings No'B2/ It is further stated that in 2488167 , d.ated 26.07 .1967 . pursuance of the said final patta certilicate, the name of the petitioner was recorded in all the revenue records as pattadar including Dharani Portal. It is further stated that the petitioner has also been receiving various incentives sanctioned by the Government from time to timc as investment subsidy for cultivation of the iands. The grievance of the petitioner is that when he made an online application, dated 20 '12 '2024 seeking for issuance of e-pattadar passbook under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act' 2O2O (for short "the Act g of 2O2O'1, the respondent authorities did 2 -- CVI]R. J Wp 4158 _2025 not consider the said application and therefore, he is not in a position to enjoy the subject property as absolute owner by receiving various incentives sanctioned by the Government for cultivation of the land.

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

3. Sri L.Ravinder, learned Assistant Government pleader for Revenue appearing for the respondents has not disputed the fact that tl're petitioner was assigned the subject land uid.e proceedings, dated 26.0T.1967 under Ex_servicemen quota as per thc policy enunciated by the Government uid.e G.O.Ms.No.743, dated 30.O4. 1963.

4. It is not the case of the respondents that the petitioner, in violation of the terms and conditions of the assignment patta, has disposed of the subject property in favour of the third parties. It is the case of the petitioner that his name is recorded in Dharani Portal as absolute owner and he is entitlecl for issuance of pattadar pass book in accordance with the provisions of the Act 9 of 2020. Therefore, this Court, deems it 3 CVBR, J Wp--4158 2025 appropriate to dispose of the writ petition directing the respondent authorities to examine the petitioner's application uide No.26MROSOOO219596, dated 06.71.2024 and if the petitioner satisfies all the requirements for issuance of e-pattadar pass books under the provisions of the Act 9 of 2O2O and the circular instructions issued by CCLA uide Circular No.1 of 2021, dated 15.01.2021 and Circular No.1 of 2024, dated 2a.O2.2024, consider the same and if the petitioner is otherwise not entitled for issuance of e-pattadar passbook, the respondent authorities shall pass a reasoned order strictly in accordance with law ald communicate the same to the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order.

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

6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. sD/-A.v.s. PryASAD ASSISTANT RE?STRAR //TRUE COPY// SECTION OFFICER Secretariat, HYderabad. 1 . The Principal Secretary Revenue Department, State of Telangana' 2. The District C6llector, Suryapet District 5. n6i"l.|'rl oiris-ionJr-oiricei-5uryapet Revenue Division, suryapet District. 4. The Tahasildar, Suryapet Mandal, Suryap-ef Uistrtct' s. on. cc to sMT. M.'SARITHA, Advocate [oPUC] 6. il; ccdio-CF rcin nrVeuuE, High cciurt for ihe state of relangana' 7. Two CD CoPies BN BS { 1 1 To, HIGH COURT DATED:1:110212025 ORDER WP.No.4'tr58 of 2025 I I I Ht: c |- :) 0 3 ilAl 1025 1(( 7 1 t.,: It;] -'r DISPOSING OF THE WRIT PETITION WITHOUT COSTS /a/r /t 2

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