✦ High Court of India · 25 Feb 2025

1. Nerati Venkatesh v. 1. The State of Telangana

Case Details High Court of India · 25 Feb 2025
Court
High Court of India
Decided
25 Feb 2025
Bench
Not available
Length
1,510 words

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 Nos.2 to 5 to forthwith consider the representation of the petitioners d1.28,O1 .2025 for grant of e-passbooks on the online dharani portal . applications Nos.2.100127943, 2400127921, 2400127917, 2400127925 dt.11.12.2024 for grant of e-pattadar passbooks to the petitioners agriculture land bearing Sy.No.118 acmeasuring Ac.8.27 gts, Sy.No.5A admeasuring Ac.O.39 gts (Ac.0.98 Cents), Sy.No.5 Pi Ki admeasuring Ac.4.33 gts, Sy.No.118 admeasuring 4c.4.14 gts, Sy.No.'1 1B admeasuring Ac.4.14 gts and Sy.No.5 pi Ki admeasuring 17 Ac.2.00 gts total admeasuring Ac.25.O7 gts situated at Eondalakunta Makthal Mandal, Narayanpet District, pending disposal of the above writ petition. Counsel for the Petitioners : SRI C.HARI PREETH Counsel for the Respondents : SRI L.RAVINDER, AGP FOR REVENUE The Court made the following ORDER I HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.5492 of 2o25 ORDER: This Writ Petition is hled praying this Court to declare the action of respondent Nos.2 to 5 in not considering the online applications, dated I 1.12.2024 uide application Nos. 24OOL2TI43, 2400127921,2400127917 and 2400127925, made by the petitioners seeking for issuance of e-pattadar pass books in respect of various extents of the lands situated in various surveJr numbe rs of Bondalakunta Village, Makthal Mandal, Narayanapet as iilegal, arbitrary and unconstitutional and consequently, prayed for other appropriate reliels. 'f

2. It is stated that petitioner No. 1 is the owner and possessor of the land admeasuring Acs.8.27 guntas in Sy.No. 1lg; petitioner No.2 is the ow.ner and possessor of the land admeasuring Ac.O.39 guntas in Sy.No.SA; petitioner No.3 is the owner and possessor of the land admeasuring Acs.4.33 guntas in Sy.No.S pi Ki and Acs.4. 14 guntas in Sy.No.l 18; petitioner No.4 is the owner and possessor o[ the land admeasuring Acs.4.14 guntas in Sy.No. 1 lg and petitioner No.5 is the owner and possessor of land guntas in Sy.No.5 Pi Ki, situated at Makthal Village, Narayanapet District, Bondalakunta Village, admeasuring Ac.2.OO I I I ,l l 2 \ C\tsR. J Wp 5492 2025 having acquired the same through registered gift settlement deeds bearing document Nos.2987, 2988 and 2986 of 2Ol7 and registered sale deeds bearing document Nos.299O, 29g9 and 2991 . of 2017, all dated 17.tl.2ol7. It is further stated that basing on the said documents, the names of the petitioners were also mutated in all the revenue records and consequently issued pattadar pass books and title deeds in their favour under the provisions of the Telangana Rights in Land and pattadar passbooks Act, 197 i (for short 'the ROR Act, t97l") and the Rulds' made thereunder. The grievance of the petitioners is that when they made applications seeking for issuance of e-pattady passbooks to enable them to receive the various incentives sanctioned by thc Government as investment subsidy for cultivation of their lands, the said applications were not considered by the respondent authorities on the ground that there are inter se disputes among the adjacent owners.

3. Considered the submissions made by the learned counsel lor the parties and with their consent this writ peti0ion IS being disposed of at the admission stage.

4. Learned counsel for the petitioners has contencled that issuance of e-pattadar passbook vehemently is only a I 7 \ t 3 CVBR, J Wp 5492 2025 consequential act of carrying the entries which have already been made under the provisions of the ROR Act, 1971. karned counsei further submitted that the entries made in the pattadar passbook are only compilation of the survey numbers and the accounts for the extent being mentioned in a particular village, and it is.settled law that mere pendency of the disputes or criminal cases does not take away the right of the petitioners seeking for issuance of pattadar pass book unless the competent Court grants injunction restraining for issuance of pattadar passbook and the subject property is mentioned in the list of prohibited properties. In the absence of the above, the Tahsildar is not competer,t {., deny the pattadar pass book more particularly in view of issuance of earlier pattadar pass books.

5. Sri L.Ravinder, learned Assistant Government pleader for Revenue appearing for the respondents has not disputed about the submission of the dharani applications and it is stated that it the applications submitted by the petitioners fulfil all the requirements, the rcspondent authorities will consider the same.

6. In view of the above submissions, this Court, without going into merits of the case, deems it appropriate to dispose of the writ petition directing the respondent authorities to examine online I t t I \ ( vuR. J Wp 5492 2025 applications, dated I 1.12.2024 submitted by the petitio ners uide application Nos. 24OO12T943, 24OOt2Zg2t, 24OO\2Z91Z and 2400127925, and if the petitioners satisfied all the requirements for issuance of e-pattadar pass books under the provisions of the Telangana Rights in Land and pattadar passbooks Act,2O2O arrd the circular instructions issued by CCLA uide Circular No.l of 202L, dated 1S.Ot.2O2I and Circular No. I of 2024 , dated_ 2a.O2.2024, consider the same in accordance with law. If the petitioners are otherwise not entitled for issuance of e_pattadar passbooks, the respondent authorities shall pass a reasoned. order strictly in accordance with Iaw and communicate the same to the petitioners within a period of three (3) months from the date of receipt of a copy of this order. I

7. With the above observations, this Writ petition is disposed of Thcre shall be no order as to costs 8 As a sequel thereto, miscellaneous petitions, if any, pending I I shall stand closed. //TRUE COPY' SD/.A.V.S.PRASAD NT REGISTRAR S AS SECTION OFFICER '1 . The Principal Secretary, Revenue Department, Secretariat, State of 2. The Chief Commissioner of Land Administration, Government of Telangana Telangana at Hyderabad. Nampally, Hyderabad.

3. The District Collector, Narayanpet District. To \ a

4. The Revenue Divisional Officer, Naryanpet Revenue Division, Naryanpet District.

5. The Tahsildar, N/akthal Mandal Narayanpet District. 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at / Hyderabad. [OUT]

7. One CC to SRI C.HARI PREETH, Advocate [OPUC] 8. Two CD Copies SA GJP $ I \I HIGH COURT DATED:2510212025 ( ORDER WP.No.5492 of 2025 it{ ts, S T4, t J'3 qL 1 0 i ti'?125 t Dt SI," (! ): a* t DISPOSING OF THE W.P WITHOUT COSTS. OGr' W

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