✦ High Court of India · 24 Apr 2025

i#"r",i:8'fi "|ffi v. l.stateofTelangana

Case Details High Court of India · 24 Apr 2025
Court
High Court of India
Decided
24 Apr 2025
Bench
Not available
Length
1,257 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 any Appropriate Writ' order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the official respondents in-considering the petitioners online applications dated lg-O7 -2022 through meseva even though after paying requisite fee vide Dharani Ref no' 22O0O7 2339 bearing transaction id no 18T194600001268 bearing receipt no 3426029 for correction in digital passbook and dharani where erroneously mentioned as 0 23 gts instead of 1.03 gts in Sy No 74t2 in Peddagottimukkala village' Shivampet Mandal, tr/ledak district and also issue the corrected digital pattadhar pass book to thepetitioners.Asitisillegalandarbitraryfromtheviolationoftheprinciplesofthe natural justice. Consequently direct the official respondents 2-4 to consider the petitioners onrine apprication dated. 1g-o7-2022 through meseva bearing Dharani ''Ref no 2200072339 bearing transaction id no. .r 8T194600001268 bearing receipt no' 3426029 to make correction in digitar passbook vide No T0g170230160 and dharani where erroneousry mentioned as 0.23 gts instead of 1.03 gts in Sy No 7412 in peddagottimukkara vi'age, Shivampet Mandar, Medak district pending disposal of the above writ petition lA NO: 1 OF 2025 petition under Section 15'1 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the officiar respondents. 2-4 to consider the petitioners onrine apprication dated. 1S-07-2022 through meseva bearing Dharani ref no 220007233g bearing transaction id 187194600001 -268 bearing the Receipt no.3426o29for correction in digitar passbook and Dharani where erroneousry mentioned as 0.23 gts instead of 1 03 gts in sy No 74t2 in peddagotimukura virage shivampet mandar Medak District pending disposal of th6 above writ petition. Counset for the petitioner :SRt. V DURGA NAGESWARA RAO Counsel forthe Respondents: Gp FOR REVENUE The Court made the fo owing: ORDER HON'BLE SRI .IUSTICE C.V.BHASKAR REDDY WRIT PETITI ON No .6734 of 2025 oRDER: ' This Writ Petition, under Article 226 of the Constitution ol India, is filed seeking the following relief: ,, 'id" . . ..to issue ang Appropnate Writ, order or dire.ction more oorltatlartg one in the noru'ir--of iit' o1 M'ndo^us dec[ainq the in cort'sidei.ng the petitioners 'inaction of the ofJiciol 'etpoidlnt' 'J'Lii,i""id',""riil'u ao"i 1s-o7'2022 throush mee seuo euen D'harant Re[ though afier pa4ing nq"itlt.- k" ld No;.I8T194600001268 No.22o0o72339 beanng iii""""'ai beainq receipt No 3+26029jo7 iii"'"tion in digital po^ssbook and insteod o[ tlharanl tuhere erroneou"ti'i'"nti'o""a as Ac'o'23 -q'ts i" Peddagottimukkala uilloqe' Ac.1 .o3 qts in Sg'W''iq ) i i1,lr; Jir"i' *"") at, itteaat' iisti"t ona olio issue the correcte cl it is ittegal and diqitol pottadhar pass or;r;I-*i" 'ii ol ti'" pinciples of the noturol iustice oibitroru from the consider the Consequentla direct the. qi"i"i iilp""aints z'^to^4 ne-titioners online applrcarion dated t 9'07'202.2 throuqh meseua saction ID iZ';;;;' ;;;;"; iiis "''" i z ooor z s ss beains- No.I8T1g46O0001268 O.o;nS- receipt no.3426029 to moke wL'i08170230160 and dharcLni correction in digital possb"i*l'' 'iia" uthere erroneou"rg *.ntio;rri"i e..o.zs gts instead oJ Ac.1'03 ;.''; ';;.i;. i+i z in reiaasonimuxkota uittose' shiuompel -Mandat. Medok distict ;;;;i;g dtsposal of rhe aboue tuit petition. . . .' petitioners 'iotot'on" -tran -as 'to

2. Considered the submissions of the learned counsel for the respective parties and perused the record'

3. The petitioner claims to be the owner and possessor of land admeasuringAc'1_o3guntasinSy.No.T4l2situatedat Peddagottimukkala ViIIage, Shivampet Mandal' Medak District' and the revenue authorities have mutated her name in the revenue 2 9 records and also issued pattadar passbooks vide No.TOg17O23Oi60 and title deeds in her favour. It is further stated that while issuing the e-pattadar passbooks under the provisions of the Telangana Rights in Land and pattadar passbooks Act, 2O2O (for short ..Act of 2O2O"), the respondents have mentioned the extent of land as Ac.0.23 guntas instead of Ac. 1.O3 guntas, therefore, the petitioner made online application No.22gOOZ2339, dared tg.Ol.2022 seeking for data correction and for issuance of amended e_pattadar passbook. The grievance of the petitioner is that even after recelvlng the said application the respondent authorities are not considering the same for making necessar]_ entries and consequential issuance of amended pattadar passbook in accordance with the provisions of the Act 9 of 2O2O. Hence, the writ petition.

4. Learned counsel for the petitioner submitted that once pattadar passbooks are issued, a presumption has to be drawn under Section 6 of the Terangana Rights in La:nd and pattada r Passbooks Act, rgzr (for short ,Act, r97r,), that the crassirrcation of the entries made in the revenue records correctly depicts the nature of the lands, and without conducting enquiry, the respondent authorities are not having any power to delete the extent of the lands mentioned in the earlier pattadar passbooks. \ 3

5. On the other hand' Sri L' Ravinder' learned Assistant Government Pleader for Revenue appearing for the respondents on instructions would submit that as per the Kasra Pahanis for the year 1954-55 to till date, an extent of Ac'6'14 guntas in Sy'No'2va 74 is classified as Dastagardan Inam' It is further stated that after conferring occupancy rights in favour of the persons in possession of the Inam iands, the petitioner has purchased an extent of Ac. 1.O3 guntas, and the sada bainama was validated to an extent of Ac. I .03 guntas. It is further stated that actual extent available in thenameofthepetitio.,".u".'do.isAc.o.23guntasandthe pattadar passbooks are islued to the said extent' and since the remaining extent is not available' the respondents have issued new pattadar passbooks to an extent of Ac'O 23 guntas to record the name of the petitioner, the respondents are conferred with power to carry out corrections while issuing new pattadar passbooks'

6. Since the petitioner's vendor is having Ac'O'23 guntas and sada bainama has been created to an extent of Ac'1'O3 guntas' which is not available on ground' there is no illegality or irregularity on the part of the respondents in issuing e-pattadar passbooks to an extent of Ac 0'23 guntas' T.Inviewoftheabove,thisCourtisoftheopinionthatendsof justice would be met if the petitioner is relegated to approach the { t, t l 4 competent civil court, if he is aggrieved with the extents mentioned in the e-pattadar passbooks and if he claims that Ac. 1.03 guntas is available and the same is correlating to the original Re_Settlement Register (RSR). 8 With the above observations this.Writ petition is disposed of. No order as to costs As a sequel, the miscellaneous petitions pending, if any, shall stand closed \ To, //TRUE COPY// SD/.V.KAVITHA DEPUTY REGISTRAR K.r-- IeN,oFFIcER SECT Hyderabad, The State ofTefangana. -" '"' .1 . The Principal Secretarv,.Revenue Department, Secretanat Buildings, 2. The District Coilector, A/tedak District. 3. Revenue Divisional Officer, Narsapur Division, Medak district 4. Tahsildar/Mandal Revenue Officer, Shivampet Mandal, Ivledak district 5. One CC to SRt. V DURGA NAGESWARA RAO Advocate tOpUCI u to GP FoR REVENUE ,High court for the state of retangana U,?rf"t 7. Two CD Copies DD GJ o HIGH COURT I I DATED:24t04t202s 2,,:.- \' .\' r' il .o ,t! ..\' //, '//, 02 sEP 206 \ * ,)r. . ORDER WP.No.6734 of 2O2S DISPOSING OF THE WRIT PETITION WITHOUT COSTS t ,itrx.

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