Smt. Maya Rani Jain v. The State of Telangana

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 an.appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the actions and omissions on the part of the Respondents in ndt approving the fresh applications i.e., (1) Application dated October 28, 2024 bearing number 2400022766 for grievance relating to inclusion in Prohibited Properties List (TM15 Module) i.e. deletion from list of prohibited properties (TM15 Module), with respect to the lar J admeasuring Acres 2-31 Guntas in suivey number 2491611 of Vattinagulapa le Village, Gandipet Mandal, Ranga Reddy District and (2) Application dat,: I Octobe r 28, 2024 bearing nunrber 2400116512 for Digital Signing under Pass rook Data Correction module (TI!E}3 [vlodule) with respeci to land admeasuring , .c;es 2-12 Guntas in survey number 25216 o't Vattinagulapalle Village, Gandipet l\ andal, Ranga Reddy District, despite the lifting of IT attachment and the lanc ceing free from any encumbrances, as violative of principles of natural .justice arbitrary, colorable exercise of power, illegal and violative of Articles 14, ' 9 and 300A of the Constitution of lndia and consequently direct the Responden s to issue e Pattadar Pass book/Title Deed-cum-Land Ownership Rights Docurr:nt in favour of the Petitioner with respect to the Schedule Property, and put an 3nd to the sufferings of the Petitioner, an septuagenarian, of running from pillr r to post from one department to another from following the same procedure again and again, or else the Petitioner being a senior citizen, will suffer irrepar rble loss and injury, which cannot bo'oompensated by any means. lA NO: 1 OF 2025 , Petition under Section '1 51 CPC praying that in the cir( rmstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct all the Respondents especially, Respondent Nos.2 rnd 3, to allow and approve, both electronically and/or as may be required unde r law, the Application dated October 28 2024 bearing number 2400116512 for l) gital Signing under Passbook Data Correction module (TM33 Module) wit respect to land admeasuring Acres 2-12 Guntas in survey number 25216 of Vattinagulapalle Viltage, Gandipet lvlandal, Ranga Reddy District due to re r arks shown on the portal as stated in Para Nos. 21 of the affidavit, and file s p,port thereof before this Honorable Court preferably within a period of two (2) we,) .s, as the grievance of the Petitioner remains unresolved and is persisting from th past three-four (3- 4) years, and put an end to the sufferings of the Petitioner, a senior citizen, of running from pillar to post, or else the Petitioner, will suffer i reparable loss and injury, which cannot be compensated by any means. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the cir( r mstances stated in the affidavit filed in support of the petition, the High Court rr ry be pleased Writ Petition, this Hon'ble Court may be pleased it is prayed tha, this Hon'ble Court may be pleased to direct all the Respondents especially, Res 1 ondent Nos. 2 and 3, to allow, approve both electronically and/or as may be reqr red under law, the (1) Application Nos. 2400008544 dated June, 2024 and (t) Application No. 24000227 66 dated October 28, 2024, as both are relating to ; rme grievance and same property due to remarks shown on the portal as stated r para Nos. 21 , 33, 37 and 38 of the affidavit (i.e., grievance relating to inclL;ion in prohibited Properties List (TM15 Module) i.e., deletion from list of pr ,hibited properties (TM15 Module) f.o r land admeasuring Acres 2-31 Guntas n survey number 2491611 of Vattinagulapalle Village, Gandipet Mandal, Ranga t teddy District) and file a report thereof before this Honorable Court preferably wit rin a period of two (2) weeks, as the grievance of the Petitioner remains unresolved and is persisting from the past three-four (3-4) years, and put an end to the sufferings of the Petitioner, a senior citizen, of running from pillar to post, or else the Petitioner, will suffer irreparable loss and injury, which cannot be compensated by any means. Counsel for the Petitioner: Ms. PURNIMA SINGH Counsel for the Respondent No.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5 & 6: GP FOR GENERAL ADMINISTRATION Counsel for the Respondent No.7 & 8: GP FOR STAMPS & REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V.VI) {UGOPAL WRIT PETITION No.35355 of 2024 ORDER This Writ Pctition is hled seeking the lbllou r g relief:- "to issue ar appropriate Writ, order or dir t ;tion more particularly one in the nature of Writ o{ \Iandarnus declaring thc actions and omissions on the rart of the Respondents in not approving the fresh appliciLl >ns i.e., (1) Application, tlated 28.10.2024 bearing numbcr ) \OOO227 66 for grievance relating to inclusion in Prohibile: Properties List (TM 15 Module) i.e., deletion from Iist o1- prohibited properties (TM 15 Module) wrth respect t( the lald admeasuring Acs.2.31 Guntas in 51' No.:: 9/6/ 1 of Vattinagulapalle Village, Gandipet Mandal, ll.r Lga Reddy District and (2) Application, dated 28.1O.2024 t:aring No. 2400116512 for Digital Signing under Pasr I ook Data Correction module (TM33 Module) with resp, ,t to lancl admeasuring Acs.2.12 Guntas in Sy.No: 52/6 of Vattinagulapalle Village, Gandipet Mandal, Rr r ga Reddv District despite the lifting of IT attachment ar c the lald being frt-'e from any encumbrances as violatrvc of principles of natural justice, arbitrary, colorable excrcist oI power. illegal and violatir.e of Articles 14, 19 and 3r) )r\ of the Constitution of India and consequently I rcct the Respondcnts to issue e-Pattadar Pass book/ " tlc Deed- cum-Lald Ownership Rights Document ilt fa\ I rr of the petitioner u'ith respect to the Schedule Propertl ,r Lrl put arr end to thc sulferings of thc Petitioner an scptuirll narian of running from pillar to post from one dcpartJnent | ) another 2 EVV. J \\'p 30734 2025 from following the same procedure again arrd again or else the Petitioner being a senior citizen will su f,'er irreparable loss ald injury which cannot be compensated by any meals and pass..."

2. Heaid Ms.Preethi Agarwal, learned counsel representing Ms.Purnima Singh, learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents. Perused the record.

3. Learned counsel for the petitioner ',vould submit that the petitioner has submitted application bearing No.24OOO22766, dated 28.IO.2O24 under TM 15 Modulc, for dcletion of the land admeasuring Acs.2.31 guntas in S1'.No.249/6/ 1 situated at Vattinagulapalle Village, Gandipet Mandal, Ranga Reddy District from the prohibited properties list and alother application bearing No.240O1 165 12, dated 28.10.2024 under TM-33 Module seeking for digital signing and passbook data correction in respect of the lancl adrneasuring Acs.2.72 guntas in Sy.No.252/3 situated at Vattinagulapell Vitiage, Gandipet Mandal, Ranga Reddy District. Learned counsel for the petitioner would specifically submit thal, earlier, the petitioner hled an application under the same portal, but the same was not considered and rejected by respondent No.2 uide 3 .t\\'-J \\p 3073.1 1015 proceedings No.Flll2195/2023, dated 24.O1.2O2+ srating rhar thc subject property was notificd in the prohibitc 1 propcrties list unde r Section 22-A (1) (c) of the Rcgistration A: , I ()Og under I.T.C.P. 19 (Order of attachment of immovr I ie property). Learned counsel lor the petitioner would furth j sut)mit that subsequent developments have been takc.r plzrce and credentials have been obtained from thc Inr:ome Tax Departmenr and though thc same has been su t nitt(.d to the respondents in TM-15 module, no action has beer takcn so [ar. Aggrieved thereb1., the prcsent writ petition r-. filctl seeking appropriate directions to the respondents.

4. Sri L.Ravinder, learned Assistant Governmt,. rt pleader fcrr Revenue, on the other hand, would submit tha thc official respondents shall take appropriate action on th: :rpplications macle by the petitioner. He u,ould further submir thar it is an admitted fact that the Income Tax Departmenr addressed zr lcttcr to the Sub-Registrar, Serilingampalty, I rngr r Redd_v District in File No. LiftlTRO(Central)/ Hyd/,2O2) 2a, dated

19.O3.2024 stating that the proceedings under Secc ncl Schedule o[ Income Tax Act were initiated by issuing tTCp- 16 on 21.12.2018 and the attachment of the tand r rlm.-asuring I 4 E\'\'' J wp i07-jJ l0l5 '1 Acs.5.03 guntas (comprising Acs.2.3I gutnas in Sy.No.249/6 (earlier referred AS 3y.No.249 l2) and Acs.2.12 guntas in Sy.No.252/6 (earlier referrerl as Sy.No.252/3, situaied at Vattinagula;-,ailu Village, Gandipet Mandal, Ranga Reddy District pertaining [o the writ petitioner is being lifted by the Income Tax Department. He s'ould further submit that necessary examination would be conducted on the said aspect and appropriate orders would bc passed in due coursc of time by granting sufficient opportunity to all the concerned.

5. Having heard the learned counscl for the petitioner and learned Assistant Government Pleader for Revenue, this Court, without making any observa.tions on the merits and demerits of the case, cieems it appropriate to dispose of this writ petition directing the respondent authorities to act upon the applications, submitted by the petitioner i.e., application bearing No.24OOO227 66 under TM- 1 5 Module and application bearing No.240O1165i2 under TM-33 Module, duly taking note of the material furnished by the petitioner including the letter, dated 19.03.2024 addressed by the Income Tax Department to the Sub-Registrar, Serilingampally, Ranga Reddy District and after issuance ol notices to all the parties concerned and after \ , - 5 I'\ \'. J \\ p 107-l-l 1015 affording sufflcient opportunity of personal hc r-ing to them, pass appropriate orders strictly in accordanc' rvittr lau, as expedrtioush- as possible.

6. With the above observations, this Writ Petili ,r-r is disposed o[. There shzLII be no order as to costs. As a scquel, the miscellaneous petitions pc rding, if anv, sha ll stand closed. SD/.C, DEEPIKA ASSI ;TANT REGISTRAR G SECTION OFFICER I /ITRUE COPY// To, Secretariat, Hyderabad.

1. The Principal Secretary, Revenue Department, The Stal€ of Telangana, 2 iil Dl;i*i C6ri"cior, Rarpa Reddv Dist., Having its offic : at Kong-ara{alan - viirioe. ibrahimpatnam lrtliiiOat, Rahga Reddy Di'strict, li langana 5-q151!. e ih" hdu"nre Divisional dfficer, Rale-nOranagar Division i1' lnner Ring Rd' - Siirliris Colony, RambaglqColony, Hyderabad,-Telangi t a 509930' ^ . 4. The Tahsildar,-and it Sub Registrar, Gandipet Mandal, F i nga Reddy urst' Gandioet Villaoe, Ranqa Rcd-dy District, Telangana 500') '5 S Cniei bommisiioner oi t-aira Aiministration (CCLA), Op: Annapurna Hotel. - Njmpally Station Road, fyifor-aOaq- 50000'1-'Telangan r State, O. The bommissioner, and lnClre€tor G.pneral of Registrati( 'r and Stamps 5-3- - 953 Registration Bhavan, { and sth Floor, Nizamshahi I load, Osmangunj, M J l/a;ket, Hyderabad, Telangana 500001 Moosapet. Hyderabad, Telangana - 500072 Floor, Vattinlgulapally, GarlJipet Mandal, Ranga Reddy I )ist

7. ihe District Registrar, Ranga R-eddy, Prashanth Nagar, il)A Kukatpally, e inJ siio-negiistrar orice, Saiilingampallv,Door No- 1 1 I ?, Sv No 297, '1 St 9. one bc to sRt PURNTMA SINGH, Advocate [oPUC] i0.t*o CCs to GP FOR REVENUE, High Courtforthe Start of Telangana' 11 i;; ics to cp FoR GENERAL ADMINISTRATIoN, Hi; t court for the state p.1w'o cdi to cp FoR STAMPS & REGISTRATIoN, High lourt for the State of Telangana. [OUT] IOUT] . of Telangana. [OUT] 1 3. Two CD Copies BN LS b. HIGH COURT DATED:0411112025 ORDER WP.No.35355 of 2024 --:>-'- :,4itj ' \,,t,z" \', ,i S1.,ffi '! ,t |') a ,-.,, DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 j Yv\?/