✦ High Court of India · 01 Apr 2025

1. Vaggela Pushpa Kumari v. 1. The State of Telangana

Case Details High Court of India · 01 Apr 2025
Court
High Court of India
Decided
01 Apr 2025
Bench
Not available
Length
1,477 words

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 a writ or writs, order or direction and more particularly one in the nature of writ of Mandamus, declaring the action of the Respondent No.2 and 3 in not disposing the representation dated 0810112025 and 1010112025 and application vide Challan No.4458645391956 made by the petitioners, pertaining to the land in Sy.No.332 to an total extent of Ac.10.38 guntas situated at Ankampalem Village, Dammapeta Mandal, Bhadradri Kothagudem District, is illegal, arbitrary, unjust, violation of rights guaranteed by the Constitution of lncka and violation of Telangana Rights in Land and Pattadhar Passbooks Act,2020. lA NO: 1 OF 2025 Petition under Section 15 l 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 Respondent No.2 and 3 to dispose md representations dated 0810112025 and 1010112025 made by the petitioners, is pending disposal of the above writ petition pending disposal of the above writ petition. Counsel for the Petitioner : SRI CH.VENKAT RAMAN Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER I I I I a ORDER: THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.981O of 2O2S This writ petition is filed seeking following relief: "For the reasons stated in the accompanying afhdavit, it is hereby prayed that this Honble Court may be pleased to issue a writ or writs, order or direction and more particularly one in the flature of writ of Mandamus, declaring the action of the Respondent No.2 & 3 in not disposing the representation dated 08.0i.2025 & 1O.01.2025 and application vide Challan No.445864539 1956 made by the petitioners, pertaining to the lancl in Sy.No 332 to an total extent of Ac.1O.38 guntas situated at Ankampalem Village, Dammapeta Manclal, Bhadradri I(othagudem District, is illegal, arbitrary, unjust, violation oI rights guaranteed b), the Constitution of India and violation of Telangana Rrghts in Land and Pattadhar Passbooks Act, 2O20 an(l to pass such other order or orders as this Hon'ble Court may deems fit jLtst and proper in the circumstances of the case."

2. It is stated that petitioners' father late Sri Kondru Sriramulu had purchased the land admeasuring to an extent ofAcs. 10.38 guntas in Survey No.332 and Acs. 1.30 guntas in Survey No.333, situated at Kothuru Village, Patwarigudem, Aswraopet Taiuqa under sada agreement and the concerned authorities also issued Form 13B and 13C certificates in favour of their father. It is further stated that on 15.06.1992, petitioners' father executed a Gift Settlement Deed in favour of their mother Smt. Kondru Laxmi for the land admeasuring to an extent of Acs. 1O.38 guntas in Survey No.332, situated at Kothuru Village, Patwarigudem, Aswaraopet Taluqa (for short, the subject property') and the concerned authorities have also issued passbooks and title deeds in favour of their mother dated 19.09.1995 and her name was-alSo recorded in the revenue records. It is further stated that eF 2 CVBR,J 1 W.P.No.981O of 2O25 on 03.03.2016, the pctitioners' mother executed a registered Will Deed uide Document No.16 of 2016 by stating that after her d,:tnise, from out of the land to an extent of Acs. 10.39 guntas in Survey No.3ii2l, land to an extent of Acs. 5.19 guntas rvill be in possession of the l"t pelil-ioner and remaining extent of Acs. 5. I 9 iluntas will be in possession of 2'' petitioner, who is the sister of lst petitioner. It is further stated that petitioners' mother died on

06.0T .2024 and after her death, the petitioners bet:ztme the owners and possessors of thc s rbject property as per the Will Deed dated O3.03.2O 16 executed by their latc mother. It is further stated thrrl. as some of the land grabbers of their villagc are visiting the subject p-()perty and trying to acquire the samc, lrre petitioners obtained succession-cum-joint agreement certificate dated 07.01.2025 from the 4th respondent and on the very same day, the petitioncrs rnade an application for mutation of their names in Dharani Portal by paying requisite fee of Rs.2i ,664 I - uide Challan No.445864539 1956 and the same expired on 14.Ol.2r)'.25. The grievance of the petitioners is tnat they made representations dated 08.01.2025 ald IO.OI .2025 to respondent Nos.2 and 3 as per tht: provisions of the Teiangana Rights iII Land and Pattadar Pass Books t\ct, 2O2O (for short, 'the ROR Act, 2O2O'l requesting to mutate their names in the revenue records in respect of the subject property by duly ,rnclosing copy of the succession certificate dated 07.01 .2025, but the samr: were not considered by respondent Nos.2 and 3. Hence, the present writ petrtion. CVBR, J W.P.No.981O of 2O25

3.Consideredthesubmissionsmadebythelearnedcounselforthe parties and with their consent, this writ petition is disposed of at the admission stage.

4. karned Assistant Government Pleader for Revenue appea-ring for the respondents has not disputed the execution of the Will Deed dated 03.03.2016 uide Document No. 16 of 2016 in favour of the petitioners and also the pattadar passbooks and title deeds issued by the concerned authorities in favour of the mother of the petitioners and petitioners making anapplicatioluideChallanNo.4458645391956darcda7.0\.2025and representations dated 08.01.2025 and 10.01.2025 to respondent Nos.2 and 3 for mutation of their names in the revenue records and consequential issuance of the pattadar passbooks. Learned Assistant Government Pleader submitted that if the petitioners have complied with all the requirements of the circular instructions issued by the ccLA uide circulat No.1/2021 dated 15.01.2021 and Circular No.l 12024 dated 28 'O2 '2024 and also the provisions of the RoR Act, 2o2o, their application dated 07.o1.2025 would be considered in accordance with law.

5. As per Section 6 of the ROR Act, 2O2O, arly person or persons who acquire rights over land through succession, survivorship, inheritance \ t and seeking to effect change in Record of Rights, after arriving at consensus among all the legal heirs on the manner of division of the land among themselves, shall make an application, enclosing the joint agreement , / 4 CWR, J .' W.P.No.981O of 2O25 specifying individual shares, to the Tahsildar through the website prescribed for this purpose, for allotting available date and time as per the convenience of the persons to apl)car before the Tahsildar.

6. In vierv :rf the said submissions, this Court deems it appropriate to direct the respondents to examine the onlint: application dated

07.O1.2025 submittr:d by the petitioners uide Challan No. 4458645391956 and if the petitioner; have complied with all the requirements of the circular instructions issued by the CCLA uide Circular No.ll2O2l dated 15.01.2O2 1 and Circular No.l l|1O24 dated 28.02.2024 and also the provisions of the ROR Act, 2O2O, Lht respondents are directcd to exzLrnine the same after issuing noticc to all the interested persons and pass appropriate orders in accordance with t1're provisions of the ROR AcL,2O2O, rvithin a period of four (04) weeks from tl're date oI receipt of a copy of this o:rler. In any event, if the petitioners are not entitled for mutation and conse,truential issuance of pattadar passbooks, the respondents are directed to pass a reasoned order and communicate thc said reasons to the petitioners. 7 With tl-re above observations, the Writ Petition is disposed of There shall be no ordr:r as to costs To, //TRUE COPY// SD/.P. PADMANABHA REDDY \ , DEPUTY REGISTRAR ,\\\- , \\. sEcTtoN oFFtcER 1 . The Principa l^Secret-ary,, Revenue Department, Secretariat Buildings, Hyderabad, State of Telangana, Telangana.

2. The District Collector, Bhadradri Kothagudem District, At Kothagudem 3. The Revenue Divisional Officer, Bhadradri Kothagudem District. \ 4 5 6 TheTahsildar,DammapetMandal,BhadradriKothaguderrlDistrict. One CC to SRI CH'VENKAT RAMAN' Advocate [OPUC] Two CCs to GP FOR REVENUE' High Court for thd State of Telangana

7. Two CD CoPies BSK SBS I , i HIGH COURT \ \ DATED:01 10412025 I I ORDER WP.No.9810 of 2025 ( ?J o o rHE SI4 15 APfl ztE z a * ,)t isparcH gO t DISPOSING OF THE WRIT PETITION WITHOUT COSTS cgq* k-

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