✦ High Court of India · 06 Mar 2025

High Court · 2025

Case Details High Court of India · 06 Mar 2025
Court
High Court of India
Decided
06 Mar 2025
Length
1,248 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, writ, order or direction especially one in the Nature of Writ of Mandamus declaring the action of the respondents 2 to 4 especially the 4th respondent in not mutattng the name of the petitioner in revenue records (Dharani Portal) in respect of land admeasuring Ac.0-04 gts. in Sy.No.12BlB/2, situated at Thorrur Revenue Village Shivar, Thorrur Mandal. Mahabubabad District despite of order passed by the 2nd respondent vide Procd. NoE5l39l2022 dl 11-12-2023 to rectify the revenue records in Sy. No.1 28"l B 12 to an extent of Ac.0-04 gts. in favour of the petitioner as illegal, arbitrary, unjust, unreasonable and against the principles of natural .justice and consequently direct the respondents especially the 4th respondent to mutate the name of the petitioner in revenue records (Dharani Portal) in respect of land admeasuring Ac.0-04 gts. in Sy.No.'128lB/2, situated at Thorrur Revenue Village Shivar, Thorrur Mandal, Mahabubabad District pursuant to the order of the 2nd respondent vide Procd. NoE5l39l2022 d1.11-12-2023. lA NO: 1 OF 20 25 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 respondents especially the 4th respondent to mutate the name of the petitioner in revenue records (Dharani Portal) in respect of land admeasuring Ac.0-04 gts. in Sy.No.128lB/2, situated at Thorrur Revenue Village Shivar, Thorrur Mandal, Mahabubabad District pursuant to the order of the 2nd respondent vide Procd. NoE5l39l2022 dt.11-12-2023, pending disposal of the main writ petition. i i Counsel for the Petitioner: SRI BALA MURALI Y Counsel for the Respondents: SRI L.RAVINDER, AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASI{AR REDDY WRIT PETITION No.68O7 of 2O2S ORDER: . It is stated that the petitioner is the owner and possessor of the land admeasuring Ac.0.04 guntas in Sy.No.I28/B/2, situated at Thorrur Village Shivar, Thorrur Mandal, Mahabubabad District, having purchased the same through registered sale deed bearing document No. 1821 of 1984, dated

26.06.1984. It is further stated that the name of the petitioner was also recorded in pahanies as pattadar uid,e Krrata No. f OO+ but no passbook has been issued to him. It is further stated that when some of the third parties are disputing his right and title over the subject property, he was constrained to institute a suit for perpetual injunction uide O.S.No.257 of 20O8 on the file ofthe Junior Civil Judge, Thorrur and the said suit was decreed uide Judgment and decree, dated 28.12.2016. It is further stated that after disposal of the said suit, when the revenue records were not updated, the petitioner was.constrained to make a representation seeking to mutate his name in the I nsequential issuance of pattadar pass Io revenue records and book and *fr.., tt " "fi t was constrained to in d representation was not considered, he titute W.P.No.32600 of 2022 before this 2 CVBR, J wp 6807_2025 Court and this Court bide order, dated 17.08.2O22, directed the respondents therein to consider the application No. I LM22OO031519 sub tted by the petitioner in Dharani Portal after issuing notice to all the interested persons and pass I appropriate orders within a period of eight (O8) rveeks from the I date of receipt of a coby of the said order. It is furlher stated I I that after issuance of proceedings No.E5/ I I lthe said directions, respondent No.2 uide IlSg/zozz, daled 1t.t2.2023, direcled I respondent No.+-tafrJltaar to rectify the revenue records in respect of the I to an extent of Ac.O.04 guntas 1n Sy.No.128/B/2 in fav ur of the petitioner. The grievance of the d I petitioner 1s that after lapse of more t han a year, respondent No.4 has lrot i-pl.-..rted the proceedings issued by respondent No.2 L.ra tn...ty the petitioner is not in a position to receive Government as invest ].r".ror" incentives sanctioned by the Ient suUslales for cultivation of his land.

2. Considered the submissions of the learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Covernment Pleader for Revenue dppearing for respondent Nos.1 to 4 and l with their consent, this writ petition is being clisposecl of at the admission stage I I I l I .,) CVBR, J Wp 6807 2025

3. Sri L.Ravinder, earned Assistant Government Pleader for Revenue has not disp ted the proceedings issued by the District Iu Collector directing the Tahsildar to rectify the entries in respect of the subject land.

4. It is very unfor nate that even after the directions issued by this Court in W i .P No.3260O of 2022 and the directions issued by respondent I N o.2 after conducting enquiry, respondent No.4 is not adhering I the directions issued bv this Court as well as his superior authority. On the face of record,' the indifferent attitude of spondent No.4 in implementation of the Court orders and the I d irections issued by his superior officers is deprecated rne assisla nt Government Pleader represented that the delay was only l. ecause of the frequent transfers and technical defects in Dharani Portal, instead of directing respondent No.2 to initiate disciplinary action against respondent No.4, this Court is of the opinion that the ends of justice would be met Iif respondent No.4 is directed to pay costs of Rs.50,O00/- payable to the Account No.62423627 327 (Library) of the Telanlana High Court Advocates' Association, Hyderabad within a period of two weeks from the date of receipt l of a copy of this order and proof of payment thereof shall be l 4 CVBR, J Wp_6807_2025 filed before the Regist to carry out neces Further, respondent No.4 is directed corrections in the revenue records as directed by responde t No.2 in proceedings No.ES/ t3g /2022, dated 1 1.)-2.2023, wi rn a period of two (02) weeks from the date of receipt or" .oJ of this order.

5. Accordingly, thi Writ Petition is allowed

6. As a sequel, th shall stand closed. miscellaneous petitions pending, if any, //TRUE COPY// To SD/.A.V.S.PRASAD REGISTRAR I I n:u ECTI oru orrrcen 1 2 The Principal Secretary, Revenue Department, Dr. B. R. Ambedkar ]9la1ga n.a Secretariar, Hyd erabad, StI" oii"r#"i"" Thenistrict colector, trlahaouoioia,-tvi"r,iullIilXi'Sistricr. Terangana The Revenue Divisionar officer, Thorrur Division, Mahabubabad District, Telangana State. 4 The Tahsildar, Thorrur rVrandar,.Mahabubabad.District, Terangana state. ! 9nu CC to SRt BALA A/URAL|:V, AO"o"rt"ioir'iii 6. Two CCs to Gp FoR REVENUE, His-tia;;ri6.inl,st"tu of Tetansana, at 7. Two CD Copies Hyderabad. IOUTI I i PSK. GJP Y\. I l l HIGH COURT DATED:0610312025 ORDER WP.No.6807 ot 2025 1d6 S T,.r /Gi ,( 1 B l'!AB 2[25 t PAT t ( 2 ALLOWING THE WRIT PETITION WITHOUT COSTS \o ,e{"4 #t

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