✦ High Court of India · 07 Jan 2025

High Court · 2025

Case Details High Court of India · 07 Jan 2025

Petition under Article 226 ol 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 3rd respondent in not considering the application of the petitioner dated 27 10 2023 made to the Tahasildar 3rd respondent under a copy to the District Collector / 2nd respondent for mutation of - hisnameintherevenuerecords(RecordofRights)andfortheissueofpattedar passbook and title deed in respect of his agricultural land admeasuring Ac'4'12 gts in Sy.No.237lA situated at Chatelparre Thanda Narayanagiri Village' Dharmasagar Mandal, Hanumakonda District in view of the Judgment and Decree dated.12.09.2023 passed in O'S' No 869 of 2022 on the file of the Court of the lll AdditionalJuniorCivilJudgecum-Judicial-MagistrateofFirstClass,Hanamkonda, and also not considering the lnstructions issued by the District Collector' Hanumakonda/2nd respondent to the Tahasildar /3'd respondent in response to the application of the petitioner on 27 '10 '2023 ' vide instructions N.Dis.D4l1091/ 2023-347, dated 06 12 2023 and further in pursuance of the same I I not considering the petitioner's grievance made to the District collector, Hanumakonda through PRAJAVANI vide Registration wGUDC/E12024102707, dated.25.10.2024 as illegal and violation of Article 14, 19 (1) (g) and 300A of the constitution of lndia and also violation of section 7 of Telangana Rights in Land and Pattedar Passbooks Act 2O2O and consequently direct the respondent authorities to consider the application of the petitionet daled.27 .1O.2023 in view of the Judgment and Decree dated.12.09'2023 passed in O-S. No.869 ol 2022 on the fite of the court of the lll Additional Junior civil Judge-cum-Judicial-Magistrate of First class, Hanumkonda, and in view of section 7 of Telangana Rights in Land Pattedar Passbooks Acl 2O2O 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 respondent authoritles to consider the Application of the petitioner daled.27 .10.2023 vide Acknowledgment.,dated.2T l 0 .2023 aod mutate the name of the petitioner in revenue records (ROR)) and issue pattedar passbook and title deed to the petitioner pending disposal of the above Writ Petition Counsel for the Petitioner: SRl. JAGAN MOHAN PERUMANDLA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER / HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.374 of 2o25 ORDER: It is stated that the petitioner is the owner and possessor of the agricultural land to an extent of Acs.4. 12 guntas in Sy.No.237/A, situated at Chatelparre Thanda, Narayangiri Village, Dharmasagar Manda-I, Hanamkonda District. It is further stated that when disputes arose over the subject property, the petitioner was constrained to institute a suit for declaration and recovery of possession uide O.S.No.869 of 2022 on the flle of the III Additional Junior Civil Judgc, Hanamkonda and after contest, tJle said suit was decreed uide judgment and decree, dated 12.09.2023. It is further stated that soon after obtaining the decree, the petitioner has made a represenration seeking for mutation of his name in thc revenue recorcls and consequential issuance of pattadar pass book so as to enable him to enjoy the property as absolute ou,ner and also receive various incentives sanctioned by the Government as investment and fertilizer subsidiesy, for cultivation of the lands. tt is lurther stated that acting on the said representation, respondent No.2 issued instructions uide lctter N.Dis.D4l1O91/2023347, dated 06.12.2023 directing ) CVBR, J wP $f4rr6 respondent No.3 to take necessa4r action on the representation submitted by the petitioner- The grievance of the petitioner is that even alter receipt of the directions issued by respondent No.2, the representation, dated 27.1O'2O23 submitted by him has not been considered by respondent No'3' 2- Considered the submissions of the leamed counsel for the respectivc parties and wit]l their consent, this writ petition is disposed ol' at the admission stage.

3. Sri L.Ravinder, learned Assistant Government Pleader for Revenuc appearing for the respondents has not disputed thc said fact. lt is further submitted by the learned Assistant Governmcnt Pleader that as the petitioner has not made an application ir.r the format prescribed in the Dharali Portal as per thc circulzrr irlstructions issued by the Chief Commissioner' Land Administration uide circular No'1 of 2021, dated 15.0 1.2O2 1 zrncl Circular No. 1 of 2024, dated 28'02 '2024, the rcspondents h:rvc not examined the case of the petitioner'

4. As pr'r Section 7 of the Telangana Rights in Land and Pattadar I'a ssbooks Act, 2O2O (for short "the Act 9 of 2O2O"l, any person, wh,r :rcquires right by decree of a Court and seeks to changc th!' cntries in Record of Rights, shall apply, through the 7 I I i a 3 CVBR, J wp 3a{L_LdZf website prescribed for this purpose, to the Tahsildar for allotting available date and time to appear before the Tahsildar and if such an application being submitted by the decree holder, the Tahsildar is conferred with the portr/ers to carry out the changes to the relevant entries in the Record of Rights instantly, duly deleting the land covered by the decree from the account of the judgment debtor and adding the same to the account of the I decree holder where the pattadar and property particulars in the decree are in consonance with the entries in the Record of Rights and on payment of Stamp Duty and Registration fee prescribed as per the Registration Act, 1908 and the Indian Stamp Act, 1899, respectively, if not collected by the Court before issue of ( ( the Decree and mutation charges prescribed.

5. In view of the above submissions, this Court decms it appropriate to dispose of this writ petition permitting the pctitioner to make online application in the prescribcd format of Dharani Portal, duly enclosing the decree in O-S.No.tl69 of 2022 and the said application is complying with the provisions of section 7 of the Act 9 of 2O2O and fulfrls all the requircments of aforesaid circular instructions issued by the CCLA ancl if there is no order prohibiting for entertaining such appliczrtion, the respondent authorities are directed to consider the application 4 \ *r_er?-"rH submitted by the petitioner, within a peri,od of three (O3) months from the date of submission of such application.

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

7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. ,TRUE COPY// ASSIST SD/.N. SRIHARI T REGISTRAR c CTION OFFICER To, T.S.,Hyderabad 1 . The .Principre Secretary. Department of Revenue , Secretariat Buirdings, ?. The District, Collector, Subedari, Hanumakonda District 3. the Tahasildar. Dharmasagar Mandal Hanumakonda District 4. one CC ro SRt JAG_AN r',l6uAr.r peiiiirrAr.rbrn, Advocate topuCl 5. Two ccs ro Gp FoR REVENUE ,uigrr court?oiihl'siiiJli%u'niln" rt 6. Two CD Copres Hyderabad [OUT] BM GJP cH( I I r I I t I HIGH COURT DATED:0710112025 i i I ORDER WP.No.374 of 2025 .( t\E STATe ? 4 ltAfl 2tlz5 .,/, J D5;,; p4rC ,\. DTSPOSING OF THE WRIT PETITION WITHOUT COSTS a4g ip-s \,-t\

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