✦ High Court of India · 13 Mar 2025

Rgriculiure v. 'l . State of Telangana

Case Details High Court of India · 13 Mar 2025
Court
High Court of India
Decided
13 Mar 2025
Bench
Not available
Length
1,134 words

Acts & Sections

Petition Under Article 226 of lhe 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 more particularly one in the nature of writ ofmandamusdeclaringtheactionoftherespondentNo.3inrejectingthedharani application vide No 25000021 10 dated 10'1'2025 for issuance of succession/mutation for the lands in survey No 3oAA/2 extent 0.07 gts, in survey No. 3o/A/2 extent 0.23 gts, in survey No. 'l 38/AJ2 extent 0.18 gts, in survey No. 138/AA/2 extent bc 0.21 gts, in survey No. 313/AA/2 extent 0.22 gts and in survey No. 3'1 3/A/2 extent ac 0.22 situated at Devarkadra village and mandal, Mahabubnagar District in single line without issuing any notice and following the due process of law as arbitrary and illegal and in violation of the principles of natural justice and consequently to set aside the same. l.A.NO:1 OF 2025 Petition Under section i 51 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 to reconsider the dharani application vide No. 2soooo211o dated 10.1 .2025 for issuance of succession/m utation for the lands in survey No 3OAA|2 extent 0.07 gts, in survey No. 3O/A/2 extent 0.23 gts, in survey No. 138lAl2 extent 0.18 gts, in survey No. 138/AA/2 extent ac 0.2.1 gts, in survey No. 313lAAl2 extent 0.22 gts and in survey No. 313/A/2 extent ac 0.22 situated at Devarkadra village and mandal, Ailahabubnagar District pending disposal of the above writ petition. Counsel fbr the Petitioners : SRt GUDt MADHUSUDHAN REDDy Counsel forthe Respondents: GP FOR REVENUE The Court at the stage of admission made the following ORDER TIIE HON'BLE SRI JI,,STICE C.V.BHASI{AR REDDY WRIT PETITION No.77O8 of2o25 ORDER: This writ petition is filed seeking following relief: "For the reasons stated in the accompanying affidavit, it is herebl' prayed that this Honble court may be pleased to issue $,rit order on direction more particularlv one in the nature of wrlt of man<.lamus declaring the actron o[ the rcsporldent No 3 in rejecting the dharani application vide No. 25000021 lo dated 1o.1.2025 for issuance of Succession/mutationforthelandsinsurveyNo30AA/2extento.oTgts,inStln,eYNo. 30/Al2 extent 0.23 gts, in survey No. 138/4/2 extent 018 gts, in survev No' l38lAAl2 extent ac 0.21 gts, in survey No. 3i3/A/2 extetlL O'22 gts ancl in sutwey No' 313lA12 extent ac O.22 situated at Devarkadra village and mandal Mahabubnagar Dibtrict in single line u'ithout issuing any notice and follorving the duc process of [au' as arbittary and illegal and in violation of the principles of natttral jrrsticc antl consequentlv to set asialc thc same and to pass such oth( f ordet o| orclt:ts its this Hon'blc' Court ma1' deems 6t just and proper in the circumstances of the casc "

2. It is stated that the petitioners are the absolute owners and possessors of agricultural lands admeasuring to an extent of Acs'0'07 guntas in Survey No.30AA/2, Acs.O.23 guntas in Survey No'30/A/2' Acs.O.18 guntas in Survey No.138/A/2, Acs'O 21 guntas in Survey No.138/AA/2,Acs.O.22guntasinSurveyNo.3l3/AA/2andAcs'o22guntas inSurveyNo.3l3/A/2,situatedatDevarkadraVillageandMandal, Mahabubnagar District (for short, 'the subject propertyl, having succeeded the same from their father. It is further stated that the revenue authorities issued pattadar passbooks and title d.eed uide Khata No.1075 in favour of the father of the petitioners and the same reflected in Dharani Portal. It is further stated that the petitioners made an application No.25O0O02 I 10 dated 10.O1.2O25 in Dharani Portal seeking for issuance of passbooks under succession and the same was rejected without assigning any reasons' 2 CVBR, - W.P.No.7708 of 2025

3. Considered the submissions of the learned counsel for the petitioners and learned Assistant Government pleader for Revenue appearing for respondent Nos. 1 to 4 and with their consent, this writ petition is being disposed at the admission stage.

4. This Court has carefully examined the impugned order rejecting the application o[ the petitioners submitted for issua.ce of e-pattadar ' passbooks. Except saying that the "Application for passbook Data correction 25oooo211o is rejected by RDo", no valid reasons whatsoever have been assig.red to enable the petitioners to take appropriate action. Since thc impugned order is not in consonance with the principles of natural justice, the samc is liable to be set aside and accordingrv, the same is set asidc and the rcspondent authorities are directed t. re-examine the application No.250ooo2 1 10 dated 1o.o1.2025 submit[ed by the petitioners and if they are othe rwise eligible anci entitle and fulfill all thc requirements mentioncd in cclA's circular No. r of 2021, dated, ls.ol.2o2r and circular No.l of 2024, dated 28.02.2024 and arso the provisions of the Telangana Rights in Land and Pattadar passbooks Act, 2o2o, consider the same and pass a reasoned order in accordance with law and communicate the same to the petitioners, u'ithin a period of eight (og) weeks from thc date of receipt of a copy of this order.

5. With the above observations, this Writ Petition is disposed of There shall be no order as to costs. ., 3 CVBR, J W.P.No.77O8 of 2O25 As a sequel, the miscellaneous pelitions pending, if any, shall stand closed. //TRUE COPY' SD/. A. SRINIVASA REDDY S TANT REGISTRAR SECTION OFFICER To

1. The Principal Secretary, Revenue Department Sec af!,a t, State of Telangana at Hyderabad. District.

2. The bistrict Collector, tVtahabubnagar District' 5. ff.," n"r"nre Divisional Officer, lr4ahaboobnagar Division' Mahabubnagar +. ine fafrasitdar, Devarkadra Mandal, Mahabubnagar District' s. r*L Cc, to Gp FOR REVENUE ,High court for the State of Telangana at 6. d; cC to snt cuot unouusuDHAN REDDY, Advocate [oPUC] 7. Two CD Copies Hyderabad. [OUT] SA GJP HIGH COURT DATED:1310312025 I ORDER WP.No.7708 of 2025 1 6t Sl41 (' eo(,\ (( ] 3 28APFil.li5 ; ,.c t DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. !:' \ i

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