✦ High Court of India · 27 Mar 2025

WRIT PET ITION NO: 9331 0F 202s v. Department Having office at Secretariat Hyderabad

Case Details High Court of India · 27 Mar 2025
Court
High Court of India
Decided
27 Mar 2025
Bench
Not available
Length
1,214 words

...RESPONDENTS Petition under Articre 226 of rhe constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate order or direction, more particurarry one in the nature of writ of Mandamus, decraring the inaction of the Respondent No_4 i.e., Revenue Divisionar officer, Nirmar Division, in not considering and disposing of the petitioner's apprication bearing Apprication No. 24oo4}4o2s, dated 24.07.2024, submitted through the appropriate modure of the Dharani portar seeking grant of succession and mutation in respect of agricurturar rand admeasuring Ac. 0.08 guntas in Survey No_ 114tAA2, situated at Timmapur Village, Khanapur Mandar, Nirmar District, as iflegar, arbitrary, unjust and viorative of Articles 14' 21 and 300-4 of the constitution of rndia, and contrary to the provisions of the Telangana Rights in Land and pattadar pass Books Act,2020 And consequently, direct the 3rd respondent to consider and dispose of the above ,! t, r.l ;1 ;,,1 ).; '"il;l .{ -1 :il ...1

1. tr Jil i iil irllil ir, :i,,^, : +ri said application. su' nitted in the prescribed format along with all supporting documents, in acr;c,rr il nce with law and within a reasonable tirr : ars may be fixed by this Hon'ble Cc u rt lA NO: 1 OF 2025 petition uncre rT !ir:ction 15,l cpC praying that in the circumstances stated in the affidavit filed irr sr pport of the petition, the High Court may ber p eased to direct the respondents t) r trtate the name of the petitioner in the re verue records in respect of the saiJ Ilrd and to issue pattadar passbook and tfle deed, thereby enabling the petitirlne 'to access government benefits and exercise full legal rights over the land. Counsel for the Pe tit oner: M/s. TAKKURI CHANDHANA Counsel forthe Resl ondents: AGP FOR REVENUE The Court made thr: ollowing: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.9331 of 20.25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief "....to issue on appropiate order or direction more particularlg one in th.e noture of Writ oJ Mandamus declaing the inaction of the Respondent No 4- i.e. Reuenue Diuisional Offtcer Ninnal Diuision in not consideing and dtsposing of the petitioner's application bearing Application No.24OO484O25 dated 24.07.2O24 submitted tlvough the appropiate module of the Dharani portal seeking grant of succession qnd mutation in respect of agrianltural lond admeasuring Ac.O.08 guntas in Surueg No.114/AA2 situqted at Ttnmqpur Village, Khanapur Manda[ Nirnial Distict as illegal, arbitrary, unjust and uiolatiue of Articles 14, 21 and 300A of the Constitution oJ Indta and contrary to the prouisions of the Tekngana Rights in Land qnd Pqttadar Pass Books Act, 202O And consequentlA direct the 3d respondent to mnsider and dispose of the aboue said application submitted n the prescibed formnt along utith all supporting documents in accordance uith lqtu and uithin q reasonable time as mag be rtxed bg this Hon'ble Court...."

2. It is stated that the petitioner's late husband namely Gandla Bhimanna was the pattadar and possessor of agriculture land to an extent of Ac.O.O8 gunLas in Survey No. 1 14/AA2 situated at Timmapur Village, Khanapur Mandal, Nirrnal District, and his name was also mutated in the revenue records. It is the case of the petitioner that after death of her husband, she made an online application No.24OO484O25, dated 24.O7 .2024 through appropriate module in Dharni Portal seeking to grant pouti izafa (succession certiflcate) and also for consequential issuance of pattadar 2 passbook alr(l . l.le deed in her favour, but even afte r re< eiving the said applicatro r the respondent authorities are not cortsrCering the same, to erLzrL , r her to receive various incentives r:; irrvestment subsidies sarc j, rned by the Government under variotLs s<hemes for cultivation cf tl , lands. Hence, this writ petition.

3. Learn,xl : ;unsel for the petitioner submitted th rl S,:ction 6 of the Telanga:r,r Fl.ights in Land and Pattadar Pass Bool<s Act, 2O2O (for shorl- 'ti'r : a r:t') confers power on the Tahsildar tr, r-ipdate the Record ol Il g r ts when rights over land are acqr rire< . tl-rrough succession, s-L r rvorship, or inheritance and for grant ( l' s uccession certificatc ar;t ir gr on the application Frled by the fami 1' m embers of the decease<[

4. Learnr:<l r,rsistant Government pleader for Revt'rrrre appearing for the rcsF'r n lr:)nts, on instructions, would submit r[r.11. as the petitioner h;r,; .lready submitted an application if slte furnishes joint consensr -r statement of all the famillr nt( lrll)crs, the appiication sttt -ritted by her would be examined in accorcjance with the Act, 2O2r)

5. In vierv r I the above, srnce the petitioner has s rbmitted an application r;(e ir ng succession certificate in respect ,tI ttte subject property, this ( r urt without expressing any opinion \\.ith regard to J the right and entitlement of the petitioner either for granting succession certificate or for amendment of record of rights and consequential issuance of pattadar passbooks,in her favour, deems it appropriate to dispose of this writ petition directing respondent No.4 to examine the application submitted by the petitioner. In the event if the application submitted by the petitioner fulfils all the requirements mentioned in CCLA's circular No. 1 of 2021, dated l5.Ol.2O2l and Circular No. 1 of 2024, dated 28.02.2024, respondent No.4 is directed to consider the said application, after issuing notices to the petitioner and all the interested/concerned parties and if the petitioner is otherwise not eligible, pass a reasoned order within a period of eight (8) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner.

6. 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. //TRUE COPY// SD/- B.G.VYJAYANTHI AS tsTANT REGISTRAR ,/ SECTION OFFICER To, 1 Principal Secretary Revenue Department Having office at Secretariat HYderabad, The State of Telangana' 2. The.District Collector' Nirmal District' 3. The Revenue Divisional Officer' Nirmal District' 4. The Tahsildar, Thimmapur village' Khanapur mandal' <-"-Pl- *

5. One CC ro SR |AKKUR| CHANDHANA Advocate tOpUCl 6. Two CCs tc (i , FOR REVENUE, High Court for the State of T,?tangana. Two CD Oople ;

7. BGS. KV fu114 I I I I I i &. HIGH COURT DATED: 27l$:il?025 t ORDER WP.No.9331 <tl 2025 y\eSrAr€ 1 J ? 6 l'1 ,i 2[25 2 .+ * (\ .1*- )55;r,r. C \\; ; _:; , I DISPOSING OII THE WRIT PETITION WITHOUT COSITS Prt(, ,0\ S \,r

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