✦ High Court of India · 02 Jan 2025

1. B. Chandrakala v. 1. The State of Telangana

Case Details High Court of India · 02 Jan 2025

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 a writ, order or direction more particularly one in the nature of the wRlT oF CERTIORARI to call for the record in case No.D1174512023, dated NIL/10i2023 passed by the sth respondent and the same may be declared as null and void, illegal, arbitrary and consequently to direct the respondents to implement the final deciee passed in O.S.No.1 1O of 2014, daled 3111212019 on the file of Senior Civil Judge, Shadnagar. lA NO: 1 OF 2024 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 suspend the order in Case No.D1174512023, dated NIL/10i2023 passed bythe Sth respondent, pending finalization of the Writ Petition. lA NO: 2 OF 2024 Petition under section '1 51 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pteased to direct the respondents to implement the final decree passed in O.S.No.110 of 2014, dated 3111212019 on the file of Senior civil Judge, shadnagar as per the Sec.4 of the Telangana Rights in Land and Pattadar passbooks Act, 1971, pending finalization of the Writ Petition. Counsel for the Petitioner: SRI JALLT KANKATAH SENIOR COUNSEL, REPRESENTING SRI NARENDAR JALLI ADVOCATE Counsel for the Respondents: ASST. GP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY ITRIT PETITION No.371OO of2024 ORI) ER: This writ petition is filed seeking to call for the record in Case No.Dl /745 12O23, dated Nil. 10.2023 passed by the 5h respondent and to dcclare the same as null and void, i1legal, arbitrary and consequently, direct the respondents to implement the final decree passed in O.S.No.110 of 2014, dated 3l'l2 2Ol9 on the hle of Senior Civil Judge, Shadnagar and for other appropriate reliefs' It is stated that the petitioner's grandfather is the pattadar of 2. the agricultural Iands to an extent of Ac. 13 17 guntas, situated in Sy.Nos.247, 248, 249, 25O, 32O and 357 of Mahadevpur Village' Kondurgu Manclal, Ranga Reddy District. It is stated that there is a clispute among the co sharers, upon which petitioners have instituted a suit in O.S.No.'l 46 of 2OO9 on the flle of the Senior Civil .Judge, Mahaboobnagar, seeking for partition of the said lands and in fhe year, 2Ol4 Lhe said suit was transferred to the Senior Civil Judge's Court, Shadnagar and renumbcred as O'S'No' 110 of

2014. It is further stated that in the said suit Final Decree has been passed in l.A.No-380 of 20 18 in O.S No' 1 tO of 2Ol4 vide order daLed 31.12.2019. It is further case of Lhe petitioners that questioning the cx parte decrce, thc respondents therein/ Ear$Ir&ia 2 CVBR, J \\rP 37100 2024 defendan [s therein have filed a revision be]bre this; Court vide C.R.P.No. 75'26 of 2027 and the said C. R.p was dismissed confirming the orders of the final decree grarLted in iavour of the petitioners herein vide order, daLcd 27 .O4.2022 .

3. Sri Jalli Kanakaiah, learned Senior Counsel appearing for the petitione r has vehemen[ly con[ended that aggrir:ved by the orders passed by this Court in C.R.p.No. 1626 oi 2021, the defendants in the suit have filed S.L.p.No. 11965 of 2022 before the Hon'ble Supreme court and the said S.L.p. has been dismissed by the Hon'ble Apex Court vide order, dated 26.02.2024 confirming the orders gr:rnted in favour of the pctitioners ir the fina1 decree in O.S.No.1 10 ol 2014. Learnecl Senior Counsel f.urther submits that pending adjudication of the said S.L.p., the petitioners have hled an applicatior-r seeking for mutation and consequential issuance of pattadar pass book, the Tribunal has rejec[ed the said application on the ground that the S.L.p. is pending. Leantecl Senior Counsel appearing for the petitioner has submitted thal in Yiew of the dismissal of the S.L.p.No.11965 of 2022 by thr: F{on,b]e Supreme Court vide orders dated 26.02.2024 confirmirlg the l.Lnal decree granted in O.S.No. 770 of 2014, petitioners are entil,led fc,r 611.,ror, of their names and also consequential issuance of pattedar J CVBR, J wP 37100 2024 Passbook as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Acl,2O2O (for short "the Act 9 of 2O2O"l'

4. Learned Assistant Government Pleader appearing for the respondents woutd submit that if the petitioners make an online application by submitting all the relevant documents including the t I order copy in of S.L.P.No.11965 of 2022 and final decree passed in O-S.No-1)'O of 2014, the respondents would consider the same in accordance with the provisions of the Act 9 of 2O2O' In view of the above submissions, this Court deems it 5. appropriate to dispose of this writ petition permitting the petitioner to hle appropriate application Dharani Web Portal, duly enclosing all the relevant documents, which are necessary for mutating the name of petitioners and if such an application fulfils all requiremen[s of the circular instructions issued by the CCLA uide circular No.1 of 2021, d'ated' l5.Ol.2O2l and Circular No' 1 of 2024, dated 2a.O2.2O24, Lhe re spondents are directed to issue Pattedar Passbooks as per the provisions of Act 9 of 2O2O aftet issuing notices to the persons interested and effected by granting mutation u,ithin a period of tr.r'o (02) months from the date of receipt of copy of this order. 4 6 With tl're above observations, this Writ p€tition There shall be no order as to costs CVBIT, J \\P 37100 2024 is disposed of 7 As a sequel, the miscellaneous petltions pendrng, if any, shall stand closed //TRUE COPY// SD/. A. SRINIVASA REDDY ASSISTANT REGISTRAR ,1 J' SECTION OFFICER To, District. Secretariat, Hyderabad.

1. The Principal Secretary, Revenue Department, The State of Telangana, 2. The District Collector, Ranga Reddy District. 3. The Revenue Divisional Officer, Shadnagar Revenue Division, Ranga Reddy 4. The Tahsildar, Kondurgu Mandal, Ranga Reddy Distrir:t. 5. The Special Tribunal, Ranga Reddy District. Kongara Kalan Village, 6. One CC to SRI NARENDAR JALLI, Advocate [OPUC] 7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. lbrahimpatnam, Ranga Reddy District. TOUTJ B. Two CD Copies BN s \ u HIGH COURT DATE D:0210112025 ORDER WP.No.37100 of 2024 + -) C) <- TAj t' a ,( 1Z 2C25 SPAr cH q-O -.i:=: DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0il*.4 { \

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