ETH DAY OF JANUARY TWO THOUSAND AND TWENW FIVE PRESENT THE HON'BLE SRI JUSTICE v. BHASKAR REDDY wRIT PETITION NO
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2. The District Collector, Vikarabad District. 3. The Tahsildar, Kulkacharla Mandal, Kulkacharla, Vikarabad ,,ll{Edroro."r, 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in rejecting the application No.2'1009'1 1079 made by the petitioner on 28-09-2021, through Dharani Web portat, for mutation of petitioner name in the revenue records and issuance of e-pass book in respect of land to an extent of Ac.0.35 guntas situated in Sy.No.50 of Antharam Village, Kulkacharla Mandal, Vikarabad District, as illegal, arbitrary and contrary to ROR Act, riw rules there under and consequently, direct the respondents to set aside the rejection application No.2100911079' and. to mutate the petitioner name in the revenue records and issue e-pass book in respect of tand to an extent of Ac.0.35 guntas situated in Sy.No.50 of Antharam Village, Kulkacharla Mandal, Vikarabad District, in the interest of justice lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to direct the Respondent to mutate the petitioner name in the revenue records by receiving the application submitted by the petitioner through online vide l Application No.210091 1079 dt.28-09-2011 and issue e-pass book in respect of Iand to an extent of Ac.0.35 guntas situated in Sy.No.50 of Antharam Village, Kulkacharla Mandal, Vikarabad District, pending the above writ petition, in the interest of justice Counsel for the Petitioner: SRI HARI KISHAN KUDIKALA Counsel for Respondents: AGP FOR REVENUE The Court made the following: ORDER I HON'BLE SRI JUSTICE C.V. BHASKAR RDDDY WRIT PETITION No.16178 of2022 ORDER: It is stated that the husband of the petitioner was the owner and possessor of land admeasuring Ac.0.35 guntas in Sy.No.50, situated at Antharam Village, Kulkacharla Mandal, Vikarabad District and the revenue authorities have also mutated his name in the revenue records. The grievance of the petitioner is that after the death of her husband, she made an online application vide No.210089O36O, dated 22.O9.2021 tor mutation of her name and issuance of new pattadar passtook in respect of the subject property and the same was rejected without assigning any reasons.
2. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondents and with their consent this writ petition is disposed at the admission stage.
3. Learned counsel for the petitioner has vehemently contended that issuance of e-pattadar passbooks is only consequential act of carrying the entries which have already been made under the provisions of the ROR Act, 197 I , t I 2 CVBR, J wp 161 78 2022 therefore, unless and until earlier passbooks have been cancelled by following the due procedure, the respondent authorities are not having any power or authorit5z to reject the application submitted by the petitioner that too, without assigning any valid reasons. Learned counsel further submitted that the entries made in the pattadar passbook are only compilation of the survey numbers and the accounts for the extent being mentioned in a particular village, therefore, it does not take away the right of the petitioner in any manner unless the entries in the revenue records have been corrected by following due procedure.
4. Learned Assistant Government Pleader for Revenue has submitted that the petitioner has not enclosed all the relevant documents and also not submitted the online application in the prescribed format through Dharani Portal, therefore, t4" application of the petitioner was rejected. Learned Assistant Government Pleader further submits that if the petitioner makes a fresh application duly enclosing all the documents in the format prescribed in Dharani application, the said application would be considered =_=_7 // t 3 CVBR, J Wp 16178_2022
5. This Court has carefully examined the impugned order passed by respondent No.2 rejecting the application submitted by the petitioner for mutation of her name and issuance of new pattadar passbook in respect of the subject property. Except saying that the application submitted by the petitioner is rejected, no va,lid reasons whatsoever has been assigned to enable the petitioner to take appropriate action. Since the impugned order passed by respondent No.2 is not in consonance with the principles of natural justice, the same is liable to be set aside and accordingly, the same is set aside and the respondent authorities are directed to re-examine the application No.210O89O360, dated 22.O9.2021 submitted by the petitioner and if she is otherwise eligible and fulfils all the requirements mentioned in CCLA's circular No. I of 2027, dated
15.01.2021 and Circular No. I of 2024, dated 2A.O2.2O24, consider t}le same and pass a reasoned order in accordance with law and communicate the same to the petitioner, within a period of eight (08) weeks from the date of receipt of the application.
6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. I I 4 CVBR, J Wp-t6t78 2022 As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/.P. GOWRI SHANKAR ASSISTANT REGISTRAR //TRUE COPY// A I / N OFFICER To,
1. The District Collector, Vikarabad District. 2. The Tahsildar, Kulkacharla Mandal, Kulkacharla, Vikarabad District. 3. One CC to Sri Hari Kishan Kudikala Advocate IOPUC] 4. Two CCs to GP For Revenue, High Court for the State of Telangana. [OUTJ 5. Two CD Copies MBC BS Kl \ HIGH COURT DATED: 2010112025 oF L4 a .s 9 s s + a rrJ rl9 +H ORDER WP.No.16178 of 2022 ) /,+ ':a a -. lt DISPOSING OF WRIT PETITION WITHOUT COSTS d W