✦ High Court of India · 24 Feb 2025

1. Dr. Multapati Siva Kumari v. The State of Telangana

Case Details High Court of India · 24 Feb 2025
Court
High Court of India
Decided
24 Feb 2025
Bench
Not available
Length
1,415 words

Petition under Article 226 of 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 of Mandamus or any other appropriate writ, order, or direction declaring the rejection order issued by the Tahsildar, Julurupadu Mandal, vide Rc. No.B,129112024, dated 12.11.2024, as illegal, arbitrary, and contrary to law, and consequently set aside the same, and further direct the District collector, Bhadradri ,Kothagudem District, to consider and dispose of the petitioner's representation/challenge memo Dated. 02-01-2025, filed against the said rejection I order within a stipulated period, and also direct the District Collector to process the petitioner's Dharani application bearing e-challan number CSM2300203352, dated 28.12.2023, for succession of the subject land situated in Papakollu Village, Julurupadu Mandal, Kothagudem Revenue Division, Bhadradri Kothagudem District; and issue the Digital Pattadar Passbook (PPB) in the name of the petitioner no. 1, recognizing her rightful succession to the property and Hon'ble Court 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 District Collector, Bhadradri Kothagudem District, to consider and dispose of the petitioner's representation/challenge memo Dated. 02-01-2025, filed against the said rejection order within a stipulated period, and also direct the District Collector to process the petitioner's Dharani application bearing e-challan number CSIM2300203352, dated 28.12.2023, for succession of the subject land situated in Papakollu Village, Julurupadu Mandal, Kothagudem Revenue Division, Bhadradri Kothagudem District, and issue the Digital Pattadar Passbook (PPB) in the name of the petitioner no. 1, recognizing her rightful succession to the property and this Hon'ble Court lA NO: 2 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 suspension of rejection order issued by the Tahsildar, Julurupadu Mandal, vide Rc. No. 8129112024, dated 12.11.2024 Counsel for the Petitioners: SRl. NALLAPU MANIDEEP Counsel forthe Respondent Nos.1 to 4: AGP FOR REVENUE Counsel forthe Respondent No.S: --- The Court made the following: ORDER /// HON'BLE SRI JUSTICE C.V. BHASI{AR REDDY . IVRIT PETITI ON No.5364 of2O25 _ ORDER: This Writ Petition is liled seeking the following reliet_ "... to issue a urit of mandamus or anA other appropriate u-trit, order or direction declaring the rejection order rssued by Talsildar, Julurupadu Mandal uide Rc.No.B/ 291/ 2024, dctted. j2.jj.2024 as illegat, arbitrary and cnntrary to law and_ consequently set aside the same and further direct the District Collector, Bhadradri-Kotltagudem District to consider and dispose of the petitioners' representation/ challenge memo, d.ated 02.01.2O25 fled against the said rejection order within a stipulated period and also d.irect tte District Collector to process the petitioners, Dharani Application beaing e_ challa.n No.C5M2300203352, dated 28.j2.2O23 for succession of the subject land situated. in papakollu Village, Julurupadu Mandal, Kothagudem Reuenue Diuision, Bhadradi-Kothagtdem Distict and issue the digital pattadar pass book in the name of petitioner No. l, recognizing her ightful succession to the propertA. . . " I

2. It is stated that one Mullapati Venkateswarlu, who is the adoptive father of petitioner No. 1, was the owner and possessor of the agricultural land admeasuring Acs.9.OB guntas in Sy.Nos.332/2 I 1, 328 / S, 522 I t, 323 I 4 and, 32t / 2, situated at Papakoilu Village, Julurupadu Mandal, Kothagudem Revenue Division, Bhadradri-Kothagudem District. It is further stated . 2 CVBR, J Wp_5364_2025 that the name of Mullapati Venkateswarlu was recorded as pattadar in all the revenue records and pattadar passbook No.T2713O0 1 lO27 uide Khata No' 1O92 was issued in his favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short'the Act 9 of 2O2O"\ ' lt is further stated that after the death of Mullapati Venkateswarlu the family and after arriving at consensus settlement €unong members i.e., petitioners with regard to the division of land' petitioner No.1 had submitted online application' dated 28.12.2023 seeking for grant of succession and consequential issuance of pattadar pass book and when the said application was not considered, the petitioners were constrained to file W.P.No.32OO6 of 2024 before this Court and the said writ petition was disposed of directing the respondent authorities therein to consider the said application' It is further stated that the application submitted by petitioner No' 1 was rejected by respondent No.4 uide proceedings Rc'No'B/29 1/ 2024 ' dated 12.11.2024 on the ground that there are serious disputes over the rights of the subject property as the brother of Mullapati Venkateswarlu is also claiming rights over the subject property basing on the Will Deed said to have been executed by his father '/ ., CVBR, J Wp 536/..2025

3. Considered the submissions of the learned counsel appearing for the petiLioners; Sri L.Ravinder, iearned Assistant Government Pleader for Revenue, appearing for respondent Nos. 1 to 4 and with their consent this writ petition is disposed of at the admission stage. In view of the nature of relief sought lor in this writ petilion, issuance of notice to respondent No.5 is dispensed with.

4. A careful reading of the impugned order would reveal that the name of pattadar i.e., . Muliapati Venkateswarlu or his forefather's names are not recorded as pattadar in the pahanies prior to 1970 and since the subject land is situated in Agency Area the same is governed by the Telangana Scheduled areas Land Transfer Regulation, 1970.

5. In view of the above and since it is stated by the learned counsel for the petitioners that aggrieved by the orders passed by respondent No.4 rejecting to issue e-pattadar pass book, the petitioners said to have fi1ed a representation/ appeai before respondent No.2, dated O2.O2.2OLS, this Court is of the opinion that the ends of justice would be met if respondent No.2 is directed to examine the claim of the petitioners duiy taking into consideration of the Telangana Scheduled Areas Land Transfer 1 CVBR, J Wp_5364 2025 Regulations after issuing notice to all the interested persons and if the petitioners are eligible for issuance of e-pattadar pass book consider their case and in any event, if the petitioners are not entitled for grant of succession and consequential issuance of pattadar pass book, respondent No.2 shall pass a reasoned order in accordance with the provisions of the Act 9 of 2O2O and communicate the same to the petitioner, within a period of eight (O8) weeks from the date of receipt of a copy of this order'

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

7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. ,TRUE COPY// S D/.L. LAKSHM AS SISTANT REGI o \ I BABU STRAR CTION OFFICER to', . ,n" Principal Secretary' Revenue Department' Secretariat' Hyderabad 2. The District Collector, Bhadradri Kothagudem District' 3. The Revenue Divisionar officer, Kothagudem, Bhadradri Kothagudem District' 4. The Tahsildar, Julurupadu Mandal' Bhadradri Kothagudem District' 5. One CC to SRI NALLAPU MANIDEEP Advocate IOPUCI 6. Two CCs to GP FoR REVENUE ,High Court for the State of Telangana.

7. Two CD CoPies KKS BS \q- HIGH COURT DATED:2410212025 ORDER WP.No.5364 of 2025 CC TODAY TA 1- 'o+ \ ,\ )> rt$ 25 n--- ' --r+ q J o o \ DISPOSING OF THE WRIT PETITION WITHOUT COSTS ."da rO Vk <d^r, €

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