✦ High Court of India · 28 Apr 2025

High Court · 2025

Case Details High Court of India · 28 Apr 2025
Court
High Court of India
Decided
28 Apr 2025
Bench
Not available
Length
1,160 words

Acts & Sections

Petition Under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the 4th Respondent in not issuing e- pass book pertaining to my land an extent of Ac. 1.30 guntas in survey No. 759/4 situated at Mothkur village, Doma Mandal, Vikarabad District Telangana. as illegal, improper, arbitrary, unconstitutional and against the principles of natural Justice. consequently direct the 4th respondent to issue e-pass book in respect of petitioner land an extent of Ac. 1.30 guntas in Survey No. 759/A situated at IVlothkur Village, Doma Mandal, Vikarabad District Telangana' :{'!:i l.A.NO:1 OF 2025 Petition lJncler section 'lsl cPC praying that in the circurnslances stated in the affidavit filed n support of the petition, the High court rnay be pleased to direct the 4th Respc ndent to issue e-pass book pertaining to pel.itioner land an extent of Ac. 1.30 gr-ratas in survey No. 759/4 situated at [\,4othku - Village, Doma Mandal, Vikarabad District relangana forthwith pending disposal o,,the above writ petition. Counsel for the PetiJ:ioner : SRI SATYANARAYANA DHARMAPURI Counsel for the Rt:spondents : AGp FOR REVENUE The Court at the s,:age of admission made the foltowing ORDER I ORDER: THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.12950 of2o25 This writ petition is filed seeking following reliet 'For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hontrle Court may be pleased to issue a Writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the 4ft Respondent in not issuing e-pass book pertaining to my land an extent of Ac 130 guntas in Suwey No' 759/4situatedatMothkurVillage,DomaMandal,VikarabadDistrictTelangana,as illegal, improper, arbitrary, unconstitutional and against the principles of natural Justice, consequently direct the 4d respondent to issue e-pass book in respect of petitioner land an extent of Ac. 130 guntas in Survey No-759/A situated at Mothkur Village, Doma Mandal, Vikarabad District Telangana and to pass such other order or ordersasthisHon'bleCourtmaydeemfit,justandproperinthecircumstancesofthe case and the interest ofjustice."

2. It is stated that the petitioner's father Khaja Miya was the original pattadar of the land admeasuring Acs' 130 guntas in Survey No.759/A, situated at Mothkur village, Doma Mandal, Vikarabad District (for short, ,the subject land') and after his death, the subject land fell into the share of the petitioner and his name was mutated in the revenue records and the pattadar passbook was also issued uide Passbook No 446' The grievance of the petitioner is that he made a representation on 31.08.2024 to the respondents for issuance of e-pattadar passbook and the petitioner also made an application oi 07.12.2024 in Dharani Portal, but the same were not considered by the respondents. Hence, the present writ petition'

3. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is disposed of at the admission stage. .r' ./ i I I I 2 CVBR, J W P.tVo.1296O of 2O25

4. Learnerl Assistant Government Pleader lbr Rcvenue appearing for the responclcnts has not disputed the issuance of old prrttadar passbook uide Passbook No,146 to the petitioner in respect of the subjr:ct land under the provrsions ol t.h,r Telangana Rights in Land and Perttadar I,assbooks Act,

1971. Learned As;istant Government Pleader has also nor disputed the fact that the petititncr has made an application ofl A7.7',2.2024 in Dharani Portal for issuar.ct: of e-pattadar passbook. Learned .Assistarrt Government Pleader further r:on -ended that the Telangana Rights in [,alc and pattadar Passbooks Act, 1)020 has been repealed and replacecl u.itl T,:langana Bhu Bharati (Record cf Itights in Land) AcL, 2025 (for shor-t, 'th: l',ct I of 2025) and if the petitionol submits oniine application in thr: prr:s cr bed format in Bhu Bharati Welt rtrtal and if the same fulfills all the req rir.ements of the Act 1 of 2025 atlrlr the Rules made thereunder, the respordent authorities will consider the serne, in accordance with law.

5. Ir: r'ier.r. of the above submission, this (tor.rt deems it appropriate to di;pose of this writ petition permitting I he pt tit Loner to make appropriate online application in the prescribed format in El-rt. Bharati Web Portal, seeking m,ltation of his name in the revenue r.ec trds and for issuance of pattzrd ar passbook in respect of subject lanc,l. Ir the event of such application be ing made by the petitioner and if the sarne fulfills all the requirements unrle:' the provisions of the Act I of 2o2s and th: Ruies made thereunder, the r:spondent authorities shall examine and c,rn.;ider the case t ! I I 3 CVBR, J W.P.No.1296O of 2025 of the petitioner. In any event, if the application of the petitioner does not fulfrll the requirements of the Act 7 of 2025 and the Rules made thereunder, the respondent authorities shall pass'a reasoned order, in accordance with law and communicate the same to the petitioner. The entire exercise shall be completed within a period of three (03) months from the date of receipt of the application.

6. With the above observations, this Writ Petition is disposed of There sha1l be no order as to costs. Miscellaneous applications pending, if any, shall stand closed' //TRUE COPY// Sd/- MOHD. ISMAIL DEPUW REGISTRAR SECTION OFFICER To edkar Government of

1. The PrinciPal Secretary' Revenue DePartment B Amb Telangana Secretariat State of Telangana at HYderabad The District Collector, Vikarabad District Vikarabad, Telangana The Revenue Divisional Officer, Parigi Division, Vikarabad District, Telangana. Tne Tifrsitdar, Doma Mandal, Vikarabad District' f*o CC. to GP for REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] ij;; cc i" sRt snrvnunRAYANA DHARMAPURI' Advocate [oPucl Two CD CoPies 2 J 4 5 6 7 - SA M s\ I HIGH COUFII' DATED:281tt412025 ORDER WP.No.12960 of 2025 -(t- E SfA 14. ( Q: o ( 2 1 ilAY 2025 .a' * ct.S )/, ia \:,- - - trFO DISPOSING OF THE W.P AT THE STAGE OF ADMTSSION WITHOUT CICSTS. ,{ 9t L-- i I I l l ! l , I I I I I I I i I I r i I I I i i I I I I I I I I

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