✦ High Court of India · 27 Mar 2025

High Court · 2025

Case Details High Court of India · 27 Mar 2025
Court
High Court of India
Decided
27 Mar 2025
Bench
Not available
Length
2,002 words

Acts & Sections

1. Sri. Talari Krishna, S/o. Talayi Venkataiah Aged about 36 years, Occ. Agriculture, Rio. H.No.4-70, Ambedkar Nagar Qolony, Chevella Village. Chevella Mandal, Ranga Reddy District, Telangana State 2 Sri. Qhakali Srinu, $/o. Late Chakali Lachaiah, Aged about 42 years, Occ. Agricutture, Blo H.No.5-33, Razaka OolqDy, 66evella Viflqge, Chevella Mandal, ftangb Rgddy District, Telangqqq Stdte : .,.PETITIONER AN9 Hyderabad, Telangana Slate

1. The Slate of T.elangana, Bep. by its Spcretary, Dept of Revenuq, Secretariat, 2. The District Qqllec.tqr, Rapga Rqddy Qistrlct, Telangana $tate 3. The Tahasilda-r, Chevella Mandal, Rapgg Reddy DiStrict, Telangana State ...RESPoNDENTS Petitip4 under Artiple 226 of the CQnstitution of lndlq Praylng thal in the circumslances statgd in the affidavit filed thereyvith, the HiSh Court ;nay be pleased to issue a iryrit orler ot a diregtion, qare qqrtiqllgrly gie in qature of Writ of Mandarnys d-qQlaring the actign of thq 2nd reqpgnQgqt in (ejecting the petitioners snline grielrance application l!0, a*goq91zo! da!q{ 27'82-2024 yvithout taking intg qonsideratign tlg petitlpgers $alq *deed, Petiligrler q venflor grdql datqd, patta pEssbgek, su[mittgd by the petitioner, qy w?y ol 08.01 2925 withot/! assigning any tQ?sonq in th-e Endgr:semgqt order, aq to vyhy again the petitionel5 have to apply in mutation module in the Dharani Portal as already the garlier Mutation Application No.2100154917 dated 28- 06-2021 is pending with the respondents as arbitrary, unjust and agailst thq principles of natural justices, in respect of the petitioners property consigting 9f agriculture lands in Sy No.96/2 admeasuring Ac.'l-08gts, Sy.No.96i3 admeaquring Ac.3- p8gts, Sy.No.96/4 admeasuring Ac.2-069ts, Sy.No.96i5 admeasuri4g Ac.2-06gts, Endg[Pgme41 Totaling to Ac.B-2Bgts, situated at Aloor-l Village and Grampanchayath, Chevella Mandal, Ranga Redd,7 District, Telangana State, and consequertly setaside the Endorsement order rlated. 08.01 .2025 passed by the 2nd respc,ndent declaring the same as illegal and the 2nd respondent may be directed to pass olders on the earlier [/utation Application No.2100'1549 17 dated 28'06 2Q21 which is alrgady pending with respondents (as the respondents havg directed tha petitioners te make ;r mutation applicatio4 in the endorsemett grdqt'dAted, 0801 .2025 ) and correct the entries in the Dharani Portal and issue petlg passbook tg petitiopers laking into consideration the Sale deec pf pq!1tio491p, petitionqr s vendor patta passbooh submitted by the petitienqr ia Gspegt of lhg petitioners prope4){ consisting of agriculturg la4fls in tr.ryq,961? gdmqasuring fc.1-O8gts, Oy No.96/3 p(me4suring Ac.3;08gts, p, ryq.9614 adnreesuring Ac,?' 06gts, $y N9,!6i5 admqasuriOg Ac ?=06qtq, Totaling !g Aq,Q;28gts, sitqate( fll $loor-l Villagg an( Grampanphayqt!1, Chevella Mandal, Ba4ea tspldy Dislfigl, Telangqna State and also declaring thg hiohhandgd a9!i9n qf thS of(igial respondents in passing erder of rejection gn the pgtitiooer orling glievqngq epplication without reasons as arbitrary. unjust and yiqlatiye of Adlcles 14,21 and 300:4 Qf 0onqtitutrqn of lndia. lA NO: 1 OF 2025 Q.etitigQ undqr Seglion 151 CPC pr?ying that in lhe airpuruslqnces statFq in tle effidaVit filed in support of the petition, the High 9ouct may !e OlEgsgq 19 llrgct the 2nd resppndeQt may be diregted !q pasq ordgps on the eallier tilutelipn Applicalion t{9 21QQ154917 dated 28-06 29?1 urhich is already ppndins ryith leqponQents (as the respondentg have directed tQe nelitigners to pakq 4 mutation appfication in lhe endorsqpent or{er dated, 0B 0:! .2025 ) an{ cofr,QA! the entries in the Dharani Portal And issue patta passbook to petitioners taki0g into censidetation the Sale deed of petitioners, petitioner s yendgr patta passbook submitted oy the petitioner in respect of the petitioners property Consisting 9f agriculture lands in Sy.No.96/2 4dmeasuring Ac I 08g!q, Sy No.90lg 4dmeaguring Ac 3-08gts, Sy.No.96/4 admeasuring Ac.2- 0Qgts, Sy.tt-Jo.96/5 qdmeasuring Ac.2-06gts, Totaling to Ac.8-2Bgts, situated al AleOr;l Village and Grampanchayath, Chevella Mandal, Ranga Reddy Distript, Telangana State, Pending disPosal of the writ petition in the interest of equity of iustace counserf:,ll'"I:Il:::l.;*'?;rolotf [t[E'[r. Counsel for the ResPono The Court made the follqwinq; ORPER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.9357 of 2o25 ORDER: This writ petitiorr is filed seeking following relief: "For the reasons stated above it is prayed that this Hon'ble Court may be pleased to issue a r,rrit order or a direction, more particularly one in nature of Writ of Mandamus declaring the action of the 2"d respondent in rej,:cting the petitioners online lyievance application No. 2400007201 dated 2"; -O2-2O24 without taking into consideration the petitioners Sale deed, petitione-'s vendor patta passbook, submitted by the petitioner, by way of Endorsement order dated:08.01.202 5 s,rthout assigning any reasons in the Endorsement order, as to why again the petrtioners have to apply in mutation module in th.: Dharani Portal as already thr: earlier Mutation Application No.21OO154917 dat,:d 28-06- 2021 is pending u'rt'r the respondents as arbitrary, unjust and atrainst the principles of natural justices, in respect of the petitioners propert). cor sisting of agriculture lands n Sy.No.96/2 admeasuring Ac. l-08gts, S','.No.96/3 admeasuring Ac.3-O|gts, Sy.No.96/4 admeasuring Ac-2 06gts, S..'.No.96/5 admeasuring Ac.2-0{;{lts, Totaling to Ac.8-28gts, situated at Aloor-l V llage and Grampancha].,ath, Clrr:vella Mandal, Ranga Reddy District, Telangana S:tate, and consequently set asid,3 the Endorsement order dated:O8 .O1.2025 pass::d by the 2"d respondent declrling the same as illegal and the 2"d respondenr. may be directed to pass orders on the earlier Mutation Apptication No.210O154917 dated 28-06-2021 vzhich is already pending. with respondents (as the respondents have directed the petitioners to make a mutation applicatj)n in the endorsement order rlated:08.0 1.2025) and, correct the entrics in the Dharani Portal and issue patta passbook to petitioners taking into consideratior: the Sale deed of petitioners, petitioner's vendor patta passbook submitted by the petitioner in respect ,r'the petitioners property consisting of agriculture lands in Sy.No.96/2 admeasrraing Ac.1-O8gts, Sy.No.96/3 admeasuring Ac 3-08gts, Sy.No.96/4 admeasrr:ing Ac.2-06gts, Sy.No.96/5 admeasuring Ac 2-06gts, Totaling to Ac.8-28gtsr, situated at Aloor-l Village and Grampanchayath, Chevella Mandal, Ranga Redcly Distdct, Telangana State and also decla.ing the highhanded actio. of trre orficial respondents in passing order of rejecticn on the petitioner online grie'a.nce application without reasons as arbitrary, unjust and violative of Articles 14. 2r and 3oo-A of constitution of India and p,ss such ^4 I \ i I It I 2 CVBR. J W.P.No.9357 of 2O2S other order or orders as this Hontle circumstances of the case." Court may deem fit arrd proper in the 2 It is stated that the petitioners are joint owners and possessors 1 . O8 guntas in of the agricultural lands admeasuring to an extent of Acs. Survey No.96/2, Acs. 3.Og guntas in Survey No.96/3, Acs. 2.O6 guntas in Survey No.96/4, Acs. 2.O6 guntas in Survey No.96/5, totally admeasuring to an extent of Acs. g-2g guntas, situated at Atoor_I Village and Gram Panchayath, Chevella Mandal, Ranga Reddy District (for short, .the subject landJ, having purchased the same through registered Sale Deed bearing Document Nos.7754 ol 2O2O. It is further stated that petitioners have applied for mutation and issuance of pattadar passbooks by paying requisite cha-llans to the respondents uide Mutation Apprication No.21oo1549r7 dated 28'06'202r ' but the same was not considered by the respondents. when the petitioners went to the office of the respondents, they oralry informed the petitioner that since the survey number is not showing any details in Dharani Portal, they have to file an online application in Dharani porta,l and then only the mutation application can be processed and accordingly, the petitioners made an onrine apprication dated 27.02.2024 in Dharani portal to make necessary corrections and issue pattadar passbooks in respect of the subject property uid'e Application No.240000 7201, butthe same was not considered by the respondents. Thereafter, the petitioners were constrained to file w'P'No gg24 0f 2024 to direct the respondents to pass orders on the online apprication dated 27.o2.2024 and this court disposed of the said writ 3 CVBR, J W.P.N t.9357 of 2O25 petition on 18.04.202,4 by directing the 2na respondent-Distric t collector to consider the online application dated 22.o2.2o24 submir_ted by the petitioners and pass appropriate orders in accordance with ta,r by putting the petitioners and iLll affected parties on notice and affording them an opportunity and if the 2"d respondent is not inclined to accepr the request made by the petitioners, he shall assign specihc reasons and pass a reasoned order and conrmunicate copy of the said order to the petitioner and complete the saicl exer.ise within a period of eight weeks from the date of receipt of a copy of tlrr: said order. It is further submitted thrrt since the respondents have not implemented the order dated 1g.04.202.:. passed by this court in w.p.No.9924 of 2024, the petitioners rrled a contempt case ui.d.e c.c.No.252o of 2024 before this court and after filing the sail contempt case, the respondents have rejected the online application No.24oooor2or dated 27-o2.2024 uid.e Endorsement dated og.o1.2025. The grie'ance of the petitioners is that ths ?nrr respondent may be dilected to pass or,:iers on the earlier mutation apprication bearing No.2100154917 dated 2g.o(t.2o27 and. correct the entries in I)harani portal and issue pattadar passb()oks to the petitioners. Hence, the present wdt petition.

3. Considered the submissions of the learned couns,el for the petitioners, learned Assistant Government pleader for Revenue ap1>earing for the respondents and widr their consent, this writ petition is dispcsed of at the admission stage. l-;ii 4 CVBR, J W.P.No.9357 of 2025

4. This Court has carefully considered the orders passed by the 2"d respondent-District Collector uide Endorsement dated 08.01.2025. T!;,e 2"d respondent, while relying upon the report of the Tahsildar uide Proc.No.D2/43gl 12512022 dated O4.01.2025, has rejected the claim of the petitioners on the ground that the petitioners have submitted the application in a wrong Module and advised the petitioners to raise their grievance in arr appropriate Module by duly uploading the connected documents. Tl:.e 2"d respondent has not rejected the ciaim of the petitioners on merits, but only advised the petitioners uide Endorsement dated Oa.Ol.2025 to make a fresh application in an appropriate Module by duly enclosing all the documents in accordance with the provisions ofthe Telangana Rights in Land and Pattadar Passbooks Act, 2O2O (for short, 'the ROR Act, 2O2O'l and the said order does not suffer from any legal inhrmities warranting interference of this court under Article 226 of tlre Constitution of India.

5. In view of the specific reasons given in the Endorsement dated OB.OI.2O2S, the ends of justice would be met ii the petitioners are permitted to hle a fresh application fcr mutation and consequential issuance of pattadar passbooks in the prescribed Module in Dharani Portal in terms of the RoR Act, 2O2O by enclosing all the documents and if the said application has complied with all the requirements of the provisions of the ROR Act, 2O2O and aiso the circular instructions issued try CCLA, uide Circular No. 1 of 2O2l dated 15.O1.2O21 and Circular No.1 of 2024 dated 28.02.2024, the respondents are;{rected to consider the same and pass a reasoned order 5 CVBR, J W.P.No 9357 of 2O25 and communicate the said order to the petitioners within a per-iod of eight (O8) weeks from the datr: of receipt of a copy of this order.

6. With the zrl;ove observations, this Writ Petition is rlisposed of. There shail be no order ts to costs. Miscellaneous applications pending, if any, shall stand closed. //TRUE COPYII SD/-P. PADMANAB HA REDDY PUTY REGI .1 . The Secreta ry Dept of Revenue , Secretariat Hyderabad, Telangana State, State of Telangana z The District Collector Ranga Redd y District , Telangana State J The Tahasildar Chevella Mandal , Ranga ReddyD istrict, Telangana State 4 One CC to M/s OM LAW FIRM ,Ad vocate IOP U c Two CCs to GP FO R REVENU E High Court for e of Tslqng646, 61 Hyderabad [ouT] Two CD Cop ICS the Stat SECTION OFFICER To b PSK. BS 6 l I HIGH COURT DATED:2710312025 ORDER WP.No.93 57 ol 2025 I I t"* '', ^r( ,* 9 ,,. 1{l 6P11 2925 t SpATCH 9O t DISPOSING OF THE WRIT PETITION WITHOUT COSTS @)c'siu w

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