✦ High Court of India · 02 Jan 2025

1. Nerella alias Kokkisa Narsaiah v. 1. The State of Telangana

Case Details High Court of India · 02 Jan 2025
Court
High Court of India
Decided
02 Jan 2025
Bench
Not available
Length
1,145 words

Acts & Sections

.....RESPONDENTS 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 one in direction writ of Mandamus, declaring the in action of the RespondentsNo.3and4notprocessingthePetitionersapplicationforsuccession mode vide Application No.2400708407 dated 2211O12o24 filed through Meeseva pertains to Sy.No 840 to an extent of Ac.0-26 Gts. situated at Chenjerla village of Manakondur Mandzrl of Karimnagar Dist. and not issued New pattadar pass Book and ritle Deed to the Petitioners is illegal, irregular and improper and violation of the principles of thr> natural justice and also violative of Articte 14, 21 and 300-A of the Constitution of lndia. Consequently, to direct the Respondenl No.3 and 4 to issue New Pattadar Pass Book in favour of the petitioners by processing the application of succession mode vide No.2400208407 daled 2211012024 pertains to Sy.No.840 to an extent of Ac.0-26 Gts. situated at Chenjerla village of Manakondur Maqdal of Karimnagar District. Counsel for the Petitioners : SRI ANNNAMPELLI GANGADHAR Counsel for the Respondent Nos..l to 4 : Gp FOR REVENUE Counsel for the Respondent No.5 : - The Court at the stage of admission made the following ORDER 7 THE HON'BLE SRI JUSTICE C. \/. BHASI(AR REDDY WRI T PETITION No.37OO4 of 2o24 ORDER: . It is stated that the petitioners have succeeded the agricultural land to an extent of Ac.O.20 guntas in Sy.No.840, situated at Chenjerla Village, Manakondur Mandal, Karimnagar District. It is further stated that the family of the petitioners have been in possession of the land admeasuring Ac.O.26 guntas in the said survey number and out oI the same, the land to an extent of Ac.0.O6 guntas has been donated to the Gram Panchayat for public utilization. It is further stated that when the respondent authorities have not issued pattadar passbook for the remaining extent of land, they made a representation before respondent No.2 and uide CCLA's Ref.No.ROR/ 9l12022, dated 16.03.2024, respondent No.2 directed respondent No'3 to examine the said representation and take necessary action' It is further stated that even af[er the directions issued by respondent No.2, respondent No.3 has not considered the case of the petitioners for issuance of the pattadar passbooks and hence, they were constrained to approach this Court by instituting W.P.No.23O98 of 2024. This Court, by an order, dated 23.08.2024, disposed of the said writ petition directing \ 2 a CVBR, J w p _37AO4_2024 respondent I',1o.3 herein to consider the representation, dated

09.O3.2022, sul:mitted by the petitioners and pass appr, rpriate orders in accoldance with law, by putting respondent. No.5 therein and ;rll interested parties on notice and aflording them an opportunity'. If respondent No.3 is not inclined to acccpt the request of the petitioners for any reason, he shall pass a reasoned order and communicate the same to the petit ioncrs herein, within .r period of eight (08) weeks from the d ate of receipt of a ccpS'of that order. It is further statcd that on the advice given by respondent No.4, the petitioners har.e made online appliczrtion No.24OO7O84O7, dated 22.tO.2O24 in appropriate module of Dharani Web Portal duly enclosing all the documents, seeking for issuance of pattadar passbook in respect of th<: land admeasuring Ac.O.20 guntas in Sy.No.840, which extent u'as depicted in the pahanies for the years 2016, 2Ol7 and 2Oltt. The grievance of the petitioners is that even after receiving the said application, the respondent authr:,rities havc not considered the same.

2. Considerec the submissions of the iearned counsel frrr [he respective partier; and with their consent, this writ petitron is disposed of al tlrr. admission stage. .1 CVBR, J wp 37004 2024

3. In view of the submissions made by the learned counsel for the respective parties and since it is the case of the petitioners that the name of their mother late K-Lakshmi was recorded in the revenue records, this Court, without expressing any opinion on the merits of the matter, deems it appropriate to dispose of this writ petition, directing the respondent authorities to conduct 'an enquiry after issuing notice to all the persons, who are effected by granting of succession / issuance of pattadar pass book in favour of the petitioners and if the petitioners are otherwise eligible and submit a joint consensus settlement of all the family members in terms of Section 6 of the Telangana Rights in Land and Pattadar Passbooks Acl,2O2O, to consider the application No.24OO708407, dated 22.10 .2024 and grant succession in their favour and consequently issue paLtadar passbook in their favour. If the petitioners are otherwise not eligible, the respondent authorities are directed to pass appropriate reasoned order and communicate the decision thereon to the petitioners. Respondent authorities shall complete the entire exercise within a period of three (O3) months from the date of receipt of a copy of this order' ; 4 tF> CVBR, J wp_37 OO4 _2024

5. With t he above observations, the Writ Petition is clisposcd of. There shall be no order as to costs

6. As a sequel, the miscellaneous petitions pending, if any, shall stand <:los,ed //TRUE COPY// SD/.A.V.S.PRASAD ASSISIANT REGISTRAR I S c+ ION OFFICER To 1 The Principal Se,lretary, Revenue Department, Secretariat, State of Telangana at Hyderabad. The C"nief Co'nmissioner of Land Administration, Nampelly Station Road, Opp. Annapoorn a Hotel, Adjacent to Kareemabad Co-Op.Society, Abids, Hyderabad-500001 . The District Collc'ctor, Karimnagar District. The Tahsildar, Manakondur It/andal, Karimnagar District. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OU-l] one cc to sR: A,NNNAMPELLI GANGADHAR, Advocate [OPUC] Two CD Copies 2 3 4 5 t) 7 SA GJP F SrH1 ,AIe c d Io JArr zoz5 9 I D [.spar .]i\ ()( HIGH COURT DATED:0210112025 ORDER WP.No.37004 of 2024 DISPOSING OF THE W.P WITHOUT COSTS. @d4W L

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