The High Court · 2025
Case Details
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Between: Mr. Vinod Lahoti, s/o Late Om Narayan Lahoti, Aged . qpg't. q1 Otc ngriirltute Rio.H.No.2-4'415, Dabala- Bazar,.-.Near Venkatlakshmi Xiiliifi Uiban, Khammam (Rural), Gandichowk, Khammam, Telangana' years, Talkies, ...PETITIONER AND 1 The State of Telanqana, Rep. by its Principal Secretary, Revenue Oepariment, Dr.B.R.Rmbedhkai Secretariat, Hyderabad, Telangana' The District Collector, Ranga Reddy District, Khammam District, Telangana. The Revenue Divisional Offlcer, Yellanadu Mandal, Khammam District, Telangana. The Tahsildhar, Tahsil Office, Yellanadu Mandal, Khammam District' 2 3 4 i ...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 pleasedtoissueanappropriatewrit,direction,ororder,moreparticularlyonein writ of Mandamus, declaring the action of the Respondents in not processing the Petitioners application for mutation/succession vide application no.2400582764 as illegal, arbitrary, without jurisdiction and violative of Principles of natural justice and consequently direct the respondents more specifically Respondents no. 4 to consider the application of the petitioner vide application no. 2400582764 pending for grant of mutation. lA NO: 1 OF 2024 Petition under section 15'r 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 4th Respondent to forthwith pass orders on petitioners apprication vide apprication no. 2400582764 dated 21 .10.2023 for mutation of petitioners name in revenue records for agricurturar rand to the extent of admeasuring Ac 05.0300 gts, situated at sy. No 339, sudimalla Village, yellandu Mandal, Khammam District. Counsel for the petitioner : SRI KANDURI KOUSHIK Counsel for the Respondents: ASST. Gp FOR REVENUE The Court made the foilowing: ORDER I t JI 7 I THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION N0.37144 of2024 ORDER: This Writ Petition is Iiled under Article 226 of the Constitution of India for the following relief: "..to issue wit or order or direction more particulorlA in the nature of Wit of Mand"amus declaing tle action of the respondents in not processing petitioners application -for mutation/ succession uid.e applicatton No.24O0582764, as illegal, arbitrary, u.tithout juisdiction and uiolatiue of pinciples of natural justbe and consequentlg d.irect the respondents mole speciftcally respondent No.4 to consid.er the application of the petitioner uide. application No.24OO582764 pending for grant of mutation and" pass.."
2. Considered the submissions of the learned counsdl for the respectrve pa_rties arrd u/ith their consent this writ petition is disposed of at the admission stage.
3. It is stated that the petitioner,s father was the owner and possessor of the agricultural land to arl extent of Ac.o5.03 gts., in Sy.No.339, situated at Sudimalla Village, yellandu Mandal, Khammam District and his narne was recorded in the revenue records as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, l97l and the Rules made thereunder. It is further stated that after the death of his father, the petitioner has made an application seeking to grant pouthi lzafa (succession certihcate) as per the provisions of the Telangana Rights in Land and ll- j I I I l CVBR, J wp_37144 2024 /'a pattadar passbooks Act, 2O2O arld consequential mutation and issuance of the pattadar passbook in respect of the subject property. It is further stated that the petitioner has a_lso enclosed the family consensus scttlement deed ald pahani d,ated, 07 .O9.2O 12 to show that the subject property stands in the name of the late father of the petitioner. The grievance of the petitioner is that the said application has not been considered by the respondents and in view of not issuing pattadar passbooks in the name of the petitioner, he is not in a position to receive various investment subsidies sanctioned by the Government for cultivation of the land. Therefore, the petitionqr has filed the present writ petition.
4. Learned Assistant Government pleader for Revenue appearing for the responden ts has not disputed that the name of the petitioner,s father is recorded in the pahani dated OZ.O9.2O12 as pattadar and further not disputed the petitioner submitting online application for grant of pouthi lzala and, also issuance of pattadar passbook in respect of the subject property as per the provisions of the Act,2O2O. S. This Court, without expressing any opinion with regard to the right and entitlement of the petitioner either for grant of pouthi lzafa or for issuance of the pattadar passbook in respect of the subject propert,r, as it is stated that the petitioner has submitted an onlinc I I I wp_37144 _2024 dharani application, duly enclosing the family consensus scttrement deed and also complied with the requirements of Section 6 of Act, 2O2O, is of the opinion that ends of justice would be met if the respondents are directed to examine the application submitted by the petitioner for sanction of pouthi lzaIa and consequential issuance of the pattadar passbook in respect of the subject property as per the provisions of the Act, 2O2O, within a period of two (02) months from the date of receipt of a copy of this order and pass appropriate orders after issuing notice to the petitioner and all other interested/affected parties by way of granting succession rights and consequential issuance of ttpe pattadar passbook in respect of the subject property. 6 With the above observations, this Writ petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions, if aly, pending in this I writ petition shall stand ciosed. //TRUE COPY// sD/-A.v.s. PRASAD ASSISTANT REGIFTRAR w SECTION OFFICER To,
1. The Principal Secretary, Revenue Department' Dr'B'R'Ambedhkar Secretariai, State of T6langana, Hyderabad, Telangana'
2. The District Coltector, Ranga Reddy District, Khammam District' Telangana 3. The Revenue Divisional Officer, Yellanadu Mandal, Khammam District' Telangana.
4. The Tahsildhar, Tahsil Office, Yellanadu Mandal, Khammam District' 5. One CC to SRI KANDURI KOUSHIK, Advocate' [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana' touTl
7. Two CD Copies. BSK BS HT _-J { I HIGH COURT DATED:0210112025 1 t ,l o L) 14 FEB zffi 2 a I -.:.^ rf:,,iO ORDER WP.No.37144 ot 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \o o6ic* w (c),