✦ High Court of India · 07 Apr 2025

High Court · 2025

Case Details High Court of India · 07 Apr 2025
Court
High Court of India
Decided
07 Apr 2025
Bench
Not available
Length
1,276 words

...RESPONDENTS Petition under Arricre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to pass an order or direction more particurarry one in nature of writ of Mandamus ro decrare in action of the respondents No.2 to 4 in considering the Dharani online Apprication No. 22oo7g7rgr dated 16-08-2o22 for seeking succession for agriculture Iand bearing Sy.No.3.l0/EE admeasuring Ac.1_35 guntas and land in sy.No-31 r/EE admeasuring Ac.0-06 guntas totar rand Ac.2-01 guntas situated at Parmakura viflage, shamshabad Mandar, Ranga Reddy District, is illegal, arbitrary contrary to section 6 of rS. RoR Act, 2o2o and violative of Article 14 and 300-A of the constitution of rndia and consequen y direct the respondents no.2 to 4 to consider and pass appropriate orders for the Dharani online Application No. 220079rr97 dared 16-08-2022 for seeking succession for the subject land, as expeditiously as possible. IANO:1O F 2025 Petition u nrler Section 151 CPC praying that in the ci'cun'stan:es stated in the affidavit filerl i'r :,i pport of the petition, the High Court may be, plelrsed to direct the Respondents N(. 2 to 4 to consider and pass appropriate o ders for the Dharani Online Ar:rp i ;ation' vide its No Application No 220C797 797 dated 16-08- 2022 tor see(ir.g r;uccession for agriculture land bearirg I;y No 310/EE admeasuring Ac.1-:l) guntas and land in Sy No.31'1lEE adrreasLring Ac0-06 guntas total lanc r\ ) 2-01 guntas situated at Palmakula Villzge' Shamshabad Mandal,RangaFled,YDistrict,asexpeditiouslyaspossible,pendirgdisposalof the above writ per:iti r r ' Counsel for the F'ertitioner: SRI JAYAPAL REDDY'M iorn."f forthe [{espondents: AGP FOR REVENUE The Court made the following: ORDER - --7/ HON'BLE SRI JUSTICE C.V. BHASKAR REDDY ORDER: WRIT PETITION No .10332 of 2o25 This Writ petition is filed praying this Court to declare the . action of respondent Nos.2 to 4 in not considering the Dhlrani Online Application No.220Zg7Zg2, dated 16.Og.2022 submitted by the petitioner seeking for grant of succession for the ]and admeasuring Ac. 1.35 guntas in Sy.No.31O /DE and, Ac.0.06 guntas in Sy.No.3l1/EE, situated ar palmakula Village, Shamshabad Mandal, Ranga Reddy District, as illegal, arbitrary and contrary to the provisions of the Telangana Rights in Land and Pattadar passbooks Act, 2O2O (for short ..the Act 9 of 2O2O,,) and consequently, prayed for other appropriate reliefs.

2. It is stated that the father of the petitioner by name Mokkadam Sayanna was the pattadar and possessor of the land admeasuring. Ac. 1.35 guntas in Sy.No.3lO/EE and Ac.0.06 guntas in Sy.No.311/EE, situated at palmakula Village, Shamshabad Mandal, Ranga Reddy District and his name was recorded in all the revenue records. It is further stated that the father of the petitioner died on 14.11.1990 leaving behind the petitioner and one prabhavathi as his legal heirs and the said Prabhavathi relinquished her rights in favour of the petitioner I j 1 CVBR, J 'Np - 0332-2025 r3pot L on 27 .O3.'Xt 1. It is further stated that, when _he petitioner approachr:d \)spondent Nos.2 to 4 seeking for m.taLln of her name r\ traking a representation, dated 27 12.2021, respond,:r I I,lt.2 directed respondent No.3 kr dispor;e of the same h 1. conducting enquiry and Lr.No.D I I .11(' t2022, dated 25.01.2022 and ;-espond,:nt No.3 uide Flle ir*c.ti /3O0/2022, dated t6.O3.2022 dir-ect,:d Additional Mandal ,l) j -ir:l,r'ar, Shamshabad to inspect the lan, j ar d re port compliar ct:, r no in turn conducted enquiry and r epo .ted that the petil io nr: is entitled for mutation as slcc(.sso . of the subject lard tide report, daLed 26.06.2022. Thcreafter, the petitionel lrri Lrle online application No.22OO79-r.79? , dated 16.O8.2O.2i, r r eking for grant of succession of t,re z foresaid land anc rtl s I for consequential mutation and issr- ance of e-pattadar passbook in her favour. The grievzLnce of the petitioner i.; Jrrt, even after receiving the said applicarion, the respondent au I torities did not consider the same so far.

3. Cor stir::'t.d the submissions of the learned corrnsel for the petitioner ezLtrred Assistant Government pleade r Ior l.levenue appearing fr:r respondent Nos. I to 4 and with th.ir c,rnst nt, this writ petitior i:; c isposed of at the admission stage . J CVBR, J Wp_t0332 2O25

4. Learned Assistant Government pleader for Revenue has submitted that, if the petitioner,s application complies with all the requirements of the circular instructions issued by the CCLA uide Circular No.l /2O21, dated l5_01_2 021 and,Circular No.I / 2024, dated 29.02.2024 and also the provisions of the Act 9 of 2O2O, the same would be considered in accordance with 1aw.

5. As per Section 6 of the persons who acquire rights Act 9 of 2O2O, any person or over land through su."."sior,, survivorship, inheritance 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 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 appear before the Tahsildar.

6. In view of the above submissions, this Court deems it appropriate to dispose of this writ petition directing respondent No.4 to examine the application, dated 16.0g.2022 submitted by the petitioner and if the said application complies with the \ \ 4 C]VBR, J Wp lC 332 2025 cor-rditions la:r. down under Section 6 of the Act 9 c f 2C 20, pass appropria tc ,- r ciers duly taking into consideration r f th e report, dated 23.i)t:' zO22 submitted by the Additio-ral Mandal Giridhwa.', S I Lirmshabad and after issuing n,r[ic(' tc all the interestec r)eri)ns and after conducting enquiry ir ac:ordance with the p, o,r sions of the Act 9 of 2O2O. Tht: er tire exercise shall be r:o.npit:ted within a period of eight (08) u,e,:ks lrom the date of re,rc pt 1,f a copy of this order.

7. With -ht above observations, this Writ Petitio. is r.isposed of. There s.ral be no order as to costs.

8. As a st c rrel, the miscellaneous petitions cenrling if any, shall srand :lcsed. / To //TRUE COPY// \, SD/- T. JAyASREE n\ ,,o=o"'t REGlsrlAR \ I r;Ec1lON oFFlcER -'--- Hvderatrad, I tate of Telangana'

1. The Prirrc p:rl Siecretary to Revenue Department' t6 'Secrt'tarie t' Saifabad' 2 ilie Distri:;t ( c'llector, Ranqa Reddy Drstrrct' 6 +il; H;;;:;i.i'j,,iiiohrr offi;' R;j;d'anasar Divisirn' Frans I Reddv + int'illrsiraa' and Joint-Sub-Registrar, Shamshabad .vlanlal' l:langa Reddy s 5',iJ'ct; t:r li il JAYAPAL REDDY M, Advocate [OPUC] d Y;; di;, iJi;;ton nevrNue, Hign court for-the state of r:largana. at District. District. 'OUTI Hyderabad Two Ct) (-)oc e:s 7 PSK. BM HtcH courR.r DATED:07,tCt,ll2025 ORDER WP.No.1Ait31t- of 2025 ///- /,/.3 lrO ,.-. /'o,', .(l\: -C f,q -\ 1 I ,ljN zl[i ((\ a\ \\ --,.. '1\-,,\\-').y' ,./ \ \i /,-. 'i,. _- . DISPOSING I)F THE WRIT PETITION WITHOUT COSTS //o //5 /a // /d5

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