✦ High Court of India · 27 Feb 2025

Pendem Gopi v. cgnsequently direct

Case Details High Court of India · 27 Feb 2025
Court
High Court of India
Decided
27 Feb 2025
Bench
Not available
Length
1,139 words

Acts & Sections

6esnsel for thg Respondents : SRI L.RAVINDER, AGP FOR REVENUE The Coqrt lltede the follgwing ORDER Y {-r HON'BLE SRI WSTICE C.V. BHASKAR REDDY WRIT PETITION No.5827 of 20.25 ORDER It is stated that the petitioner,s grandmother by name Chengali Kanthamma was the absolute owner and possessor of the land admeasuring Ac.O.3l guntas in Sy.No.64O and Ac.O.3O guntas in Sy.No.74O, situated at Raikal Village and Mandal, Jagithyal District and her name was mutated in all the rev€nue records uide proceedings No.296/2Oi9, dated O2.O4.2OI9 and soon after mutation of the subject property in the name of petitioner's grandmother, she died on 24.11.2023 and therBfore, consequential pattadar pass book has not been issued in her favour. It is further stated that the petitioner,sprandmother had executed a registered Will Deed, d.ated, 12.05.2O23 in favour of the petitioner. Basing on the said Will Deed, the petitioner made Dharani application No.24OOlO5254, dated 30.Og.2024 seeking for sanction of pouthi lzafa and consequential mutation and issuance of pattadar pass book under the provisions of the Telangana Rights in Land and pattadar passbooks Act, 2O2O (for short "the Act 9 of 2O2O,,). The grievance of the petitioner is that even after receiving the said appiication, the respondent authorities are not considering the same. i r.-?ai.:a..... .: a:rL!!.,.-..t , 2 .: VBR. J wp_5827 2025

2. Considered the submissions of the learned counsel lbr the respective parties and with their consent this r'r'rit petit'ion is tlisposed'of at the admission stage' 3. Sri L.Rat'inder, learned Assistant Government Plezr<ler for for the respondents has not disputed the Revenue apprs€rring fact of mutaticn in favour of the petitioner's grandmo tlrc:r uide proceedings No.296l2Ol9, dated 02'O4'2019 an<l also submission o[ rhe application, dated 30 'O9 '2024 ' 4. As per llection 6 of the Act 9 of 2O2O' any porson or persons whc, ercquire rights over land through sucrcession' survivorship, inheritance and seeking to effect change irt Record of Rights, afte r arriving at consensus among all the le11:rl heirs on the manner of division of the land among them{elves' shall make an applir;ation, enclosing the joint agreement s:':cifying individual shares, to the Tahsildar through the website prescribed for this purpose, for allotting available date and time as per the ,:t>nvenience of the persons to appear bt:lbre the Tahsildar. In vieu, of the above submissions, this Court, rvithout

5. expregsing any opinion with regard to the right and entil'lement of the petitic n er for mutation of the subject property brlsing on *EMY'?ffi t the registered grandmother Will Deed, dated 12.05.2O23, executed by his and consequential grant of pouthi lzafa and issuance of pattadar passbook, deems it appropriate to dispose of this writ petition directing the respondent authorities to examine the application No.24OO1OS2S4, d,ated, 3O.O9.2O24 submitted by the petitioner and if the said application complies . with all the requirements of the provisions of the Act 9 of 2O2O and the circular instructions issued by CCLA uid_e circular No. 1 of 2021, dated 15.O1.2O21 and Circular No. I of 2024, dated 2Q..O2.2O24, shall consider the same subject to payment of mutation charges and other charges in terms of the proviSions of the Act 9 of 2O2O and if the petitioner is otherwisg. not entitled for the same, pass a reasoned order in accordance with law, 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. 1- As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/-P. PADMANABHA REDDY TANT REGISTRAR A ECTION OFFICER The Principal Secretary, Revenue Department, Secretariat building, State of Telangana at Hyderabad T.S The District Collector, Jagithyal, Jagithyal District' The Revenue Divisional Officer (RDO), Jagithyala, Jagithayala District' The Tahsildar, Raikal Mandal, Raikal, Jagityal District' lwo CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] One CC to M/s MOGILI ANAVENI, Advocate [OPUCI Two CD Copies To 1 2 3 4 5 6 7 SA BS W ---*":-*:1 --+'1_-_::::r -: --_-- _ -:l j* El e c J o <l 11 lrAl zffi * oi..3PA r (. H?9 t { HIGH COURT DATED:2710212025 ORDER WP.No.5827 ot 2025 DISPOSING OF THE W.P WITHOUT COSTS. \

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