✦ High Court of India · 07 Mar 2025

High Court · 2025

Case Details High Court of India · 07 Mar 2025
Court
High Court of India
Decided
07 Mar 2025
Bench
Not available
Length
1,181 words

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewrth, the High Court may be pleased to issue a Writ or orders more particularly over in the nature of Writ of lt/landamus declaring the ln Action of the Respondents for not consider the Petitioner Representations Regardrng conduct survey and succession of Petitioner Land in Sy No. B5iel1 for the extension of A.0 0 17 Gts situated at Yenkepally Vitlage, Moinabad Mandal, Ranga Reddy District, T.G. is illegal, Arbitrary, Unconstitutional and Violation of Fundamental Rights and seeking the direction to direct the Respondents No. 2 to 6 to conduct the survey and succession of the Petitioner land in Sy No. B5/e/1 extension of A.0 0 17 Gts situated at Yenkepally Village, N4oinabad Mandal, Ranga Reddy District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed rn support of the petition, the High Court may be pleased to direct the Respondents No. 2 to 6 not to permit to enter third parties in the Petitioner Agriculture Land i.e Sy No 85/e/1 extent of A.O 0 17 Gts situated at Yenkepally Village. Moinabad l\,4andal, Ranga Reddy District until dt:cide the issue in the matter. Counsel for the Petitioner: SRI SHAIK KARIMULLA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JT'STICE C'V' BHASKAR REDDY NNo.6972 of 2025 ORDER: This writ petition is filed seeking to declhre the action of the resPondents rn not considering the representations of the petitioner, not initiating to mutate the names of the petitioner in the revenue records and not issuing e-pattadar passbook to the petitioner in respect of land admeasuring Ac'0 17 guntas situated at Yenkepally Village' Moinabad in Sy.No.SS/E/1' Mandal, Ranga Reddy District' as illegal and arbitrary and consequentlyprayedforotherappropriatereliefs.

2. Considered the submissions of the learned counsel for the respective parties and perused the record' It is stated that the petitioner's late husband was the 3. owner and possessor of the agricultural land admeasuring Ac.O.L7 guntas in Sy.No.85/E/ 1, situated at Yenkepally Mandal, Ranga Reddy District and the Village, Moinabad s narne in all the revenue authorities have also recorded hi ,.u"\. records and the pattadar passbook also issued in respect of the said property' and title deed was It is further stated 1 i CVBR.J sp 6912 202s 2 that petitioner's husband expired, leaving her and her two major sons as successors in interest for the said lald and accordingly, the petitioner has obtained a I amily member certificate and death certificate from the concerned authorities. The case of the petitioner is that she made art application uid.e application No.24OO2'l5Ol7 dated O5.O5.2O24 seeking to grant Pouthi Izafa (srccession) and also an application vide application No.DtrRO224OlO49O16 dated i6.05.2024 seeking to conduct a survey md mutate the subjcct propcrtv, but the same are not considerr:d so far. It is also stated ttrat during the lifetime of her husl'and, they have received various incentives granted by the (]overnment as investment subsidies and in view of not uplating revenue records by granting Pouthi lzala (sur:cession) and consequenti:rl rssuance of pattadar passbooks in respect of the subject l)roperty as per the provisions of the Telangana Rights in Lar-rd and Pattadar Passbooks Act, 2',O2O (for short, 'ROR Act, 2O2O'), they are not receiving arlli subsidy for cultivation of the 1ald. Hence, the present writ petition. CVBR,J wp 69',12 2025 3 1 4'. Be that as it may, learned counsel for the respondents - Section 6 of the Telangana Rights in submitted that as Per d and Pattadar Passbooks Act' 2O2O, the Tahsildar is ferred power for amendment of the record of rights if the alptcant encloses the family consensus settlement deed and J"o oth". relevant documents for the purpose of granting of plutfti lzafa (succession)' survivorship' inheritance' ,t".ra*".tt of the records and issuance of the pattadar I I passbook

5. l i In view of the said submissions and as it is stated that I I thelearnedcounselforthepetitionerthatthepetitioner s already made applications for grant of Pouthi Izafa ald to conduct survey and consequential 1Jr"."."io.,1 ,J"r^.r"" of pattadar passbooks in respect of the subject pfop".,y, this Court without going into the merits of the case' aLems it appropriate to dispose of the writ petition directing the respondents to examine the applications submitted by the bearing application No'2400246017 dated and application No'DERO224OLO49O16 dated 05.05.2024 1|O.O1.ZOZ+ and if the said applications complies with all the petitioner I I ! -fi CVB&J w 6972':2025 4 requirements under Section 6 of the ROR Act' 2O2O and if they fulfil atl the requirements mentioned in CC:LA's circular No.1 of 2027. dated' I5'O|'2O21 and Circular \Io'l of 2024' dagd 28.O2.'.1.024 and if they are found otherwise eligible' the respondents iere directed to consider the said atr'plications and 10.." a reasoned order in accordalce uith law and communicate tl-re same to the petitioner, withirr a period of four (04) weel<s from the date of receipt of a copy of this order'

6. With the above directions, this Writ Petition is disposed of. There sha11 be no order as to costs'

7. As a sequel, the misceilaneous petitions pending' if any' shall stand c losed ' /iTRUE COPY// SD/.K. AM DEPUTY REGIS AR SECTION FICER ThePrincrpalsecrelary,RevenueDepartment,secretariatBuilding,Dr'B'R. #;rr;i;;% rngana Secretariat Teiangana State' Hyjerabad' State of +f,38Y3,?,:, coltector, Ranga Reddy District, Kongarkalarn, Batapur Mandat, Ranoa ReddY Distrrct l u-- ifr;'R";;";;d Divisional officer, chevella Revenue Divisron' Ranga Reddy District, T G ih?"f"rh.iroa Ranga Reddy District T G' ii]! iri"i""; cffice"of Tahsildar, Moinabad Mg1dql,. Ranoa Reddv District. -rr.^ n n err^iev .rnd r-"no iJJo'titlO/" Th; Disi*t Coll6ctor, Rdng^a District i'i:': lr r:jeH,' mf r,l,,Xaffii'li:fl1*:XtJ'?'J[,"J r' Yffi ;;Ji;6'iloi nrve ruuE, Hish court roi the state or relangana' at Hyderabad IOUT] Two CD CoPies o - 5 0 1 5 1 0 N,.Y To 1 2 3 4 5 6 7 B I PSK. 1 l l HIGH COURT DATED:0710312025 ORDER WP.No.6972 of 2025 1r \T. STAI€ d lt1APfl 2$[ \i .\ .7. '.i'-. . alta, DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 ${\ n^ \j\

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