✦ High Court of India · 08 Apr 2025

High Court · 2025

Case Details High Court of India · 08 Apr 2025
Court
High Court of India
Decided
08 Apr 2025
Bench
Not available
Length
1,246 words

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in keeping the petitioners land in Sy.No.661 admeasuring Ac.1.10 gts situatefl at Mominpet Village and Mandal, Vikarabad District under the caption of "blocked for transaction" in Dharani Portal, as illegal, arbitrary, null End void and consequently to direct the respondents to allow the petitioner to register the above property on the name af the prospective purchaser. lA NO: 1 OF 2025 Petition under section 151 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 tq register tfte petitioners land in Sy.No.66i admeasuring Ac.'l ,10 gts situated at Mominpet village and Mandal, Vikarabad District on the name of the prospective purchaser notwithstanding the mentioning of thq land of the petitionpr under the caption of "blocked for transaction" in pharani po(al, pending finalization of the Writ petition. Counsel for the Petitioner: SRI JALLI KANAKAIAH, SENIOR COUNSEL REPRESENTING SRI NARFNDAR JALLI Counsel forthe Respondents: SRI L. RAVINDER, AGp FOR REVENUE The Court made the following: ORQER l I h HON'BLE SRI JUSTICE C.V. BIIASKAR REDDY WRIT PETITION No. 1O517 of 2O2S ORDER: This writ petition is hlcd seeking to declare the action of respondents in keeping the land admeasuring Acs.1.l0 guntas, in Sy.No.661, situated at Mominpet Village and Mandal, Vikarabad District, under the caption 'blocked for transaction' in Dharani Portal, as illegal, arbitrary arrd violation of the principles of natural justicc and consequently, direct the respondents to allow the petitioner to register the subject property on the name of the prospective purchaser or pass appropriate orders.

2. It is stated that the petitioner is the owner and possessor of the lard admeasuring Acs. 1 . 10 guntas, in Sy-No.66 I , situated at Mominpet Village and Mandal, Vikarabad District, having purchased the same under the registered sale deed bearing document No.35 of 2025, dated 16.01.2025.\t is further stated that the name of the petitioner was mutated in all the revenue records and pattadar passbook bearing No.T07110102910 uide Khata No.61537 was also issued in his favour under the provisions of the Telangana Rights in land and Pattadar Passbooks Act, 2O2O (for short "the Act 9 of 2 -) 2O2O"). It is further stated that, when he intended to dispose the subject property, he has verifred the entries in Dharani portal, wherein the nature of the land has been shown as "blocked for any transaction" without issuing imy notice or without assigning any valid reasons and therefore, he made several requests to respondent No.S to delete the said endorsement. The grievance of the petitioner is that even after making several representations, the respondent authorities did not consider the same

2. Considered the subrnissions made by Mr.Jalli Kanakaiah, learned Senior Counsel representing Mr.Jalli Narendar, learned cbunsel for the petitioner and learned Assistant Government PleaCer for Revenue appearing for the respondents and with their consent, this writ petition is being disposed of at the admission stage.

3. Learned Senior Counsel appearing for thc petitioner has vehemently contended that recording of entries in Dharani Portal is only a consequential act of carrying the entries which have already been made under the provisions ol. the Act 9 of 2O2O. Learned counsel further submitted that the entries made in the pattadar passbook are only compilation of the survey 3 numbers and the accounts for the extent being mentioned in a particular village and therefore, it does not take away the right of the petitioner in any manner unless the entries in the revenue records are coi'rected by following due procedure.

4. Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for thc respondents, has not disputed the issuance of pattadar passbook in favour of the petitioner under the provisions of the Act 9 of 2O2O, and he submits that if the petitioner makes online application in TM- 15 Module seeking deletion of the status in Dhalani Portal as "blocked for any transaction", the samc would be considercd, strictly in accordance with the procedure contemplated under law.

5. Sub-section (4) of Section 22-A of the Registration Act, 1908 confers the power on the State Govemment either suo motu or on an application by any person or for giving effect to the final orders of the High Court of Telangana or Supreme Court of India to proceed to de-notify, either in full or in part, the notification issued under sub-section (2) and rules made under the provisions of the Act. F\rrther, as per the Standing Order 219 (b) of the Registration Manual Part-II, the revenue .rthoffi.rre not having any right or authorit) to list any .in * I I .l ..rl 4 private patta lands in the prohibited list that too without conducting any enquiry.

6. For the aforesaid reasons and in view of the submissions made by the learned counsel appearing . for the ir respective parties, this Court deems it appropriate to dispose of this writ petition permitting the petitioner to submir an online application in TM-15 lvluciul; of Dharani Portal duly enclosing all the relevant documents in support of his claim. In the event of submission of such application, the respondent authorities are directed to examine and consider the same, pass a rcasoned orcier and cornmunicate the same to the petitioner. The entire exercise shall be completed within four (04) weeks from the date of receipt of a copy of this order.

7. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

8. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. To, //TRUE COPY// SD/-P. PONNA KRISHNA ASSISTANT,REGISTRAR SECTION OFFICER

1. The Principal Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad.

2. The Chief Secretary and Chief Commissioner of Land Administration, Nampally Station Road, Opp. Annapurna Hotel, Abids, Hyderabad - 500001.

3. The District Collector, Vikarabad District. 4 The Revenue Divisional Officer, Vikarabad Revenue Divigion' Vikarabad District. 5 The Tahsildar, Mominpet Mandal, Vikarabad District 6. One CC to SRI NARENDA 7. Two CCs Tel RAVINDER, na at Hyderabad. [OUT] LLl, Advocate [OPUC] AGP for Revenue, High Court for the State of Two CD CoPies \ MP RS l l t, I i i i HIGH COURT CVBR,J DATED:0810412025 I I tI ORDER WP.No.10517 of 2025 -:- ) IERi l>< :E r*, /, :,) i, t. t !, .\ -r'i\ r-\ I\ 1.)t I i- rl<l ziJ i \.: ?. J DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1lr i r t I F !l l

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