This High Court disposed of a writ petition filed by minor petitioners challenging the inaction of the Tahsildar in issuing pattadar passbooks and title deeds for land acquired via registered sale deeds.
Directed Respondent No.2 to consider mutation applications and pass orders within ten weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original J urisdiction)
MONDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITION NO: 13000 OF 2022
Between:
Petitioners 1 and 2 being minors, Rep.by their Grandmother Smt. J. Pochamma, Wo. Krishna, aged about 55 years, Occ Housewife, Rl/o. H.No.1-1-26129, Ganesh Nagar Colony, Uppal, Medchal-Malkajgiri District, T.S.
...PETITIONERS
AND
...RESPONDENTS
Petition under Article 226 ol 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, direction, more particularly one in the nature of writ of mandamus declaring the inaction of the respondent No.4 in issuing the pattadar passbook and title deed in favor of the petitioner No.1 in respect of the land admeasuring Ac.0-20 gts., in Sy.No.753/RU and an extent of Ac.1-00 gts., in Sy.No.756 in favour of petitioner No.2 respectively, situated at Alair village and Ivlandal, Yadadri-Bhuvangiri District as illegal, arbitrary and against the principal of Natural Justice and consequently direct the respondent No.4 to issue the Pattadar pass Book and title deed in favour of petitioner No.1 in respect of the land admeasuring Ac.0-20 gts., in Sy.No.7s3iRU and an extent of Ac.'!-00 gts., in
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sy.No.756 in favour of petitioner No.2 respectively, situated at Alair village and Mandal, Yadadri-Bhuvangiri District.
IAN :1 OF 2022
Petition under section 1s1 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 No.4 to issue the pattadar pass Book and tifle deed in respect of the land admeasuring Ac.o-20 gts., in Sy.No.753/RU in favour of petitioner No.1 herein and an extent of Ac.1- 00 gts., in Sy.No. 756 in favour of petitioner No.2 herein respectively situated at Alair Village, and Mandal, yadadriBhuvangiri District respectively, pending disposal of the above writ petition.
lA NO: 2 OF 2022
Petition under Section 1sl cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to permit the petitioner to file additional material papers annexed hereto in the above WP No.13000 of 2022.
Counsel tor the Petitioners: SRIpULIMAMIDI SHASHIDHAR REDDy Counsel for the Respondents: AGp FOR REVENUE
The Court made the following: ORDER
la
It
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No. 13ooo of 2022
ORDER
This writ petition is filed aggrieved by the inaction of respondent No.4 in issuing e-passbook and title deed in respect of land admeasuring Ac.0-20 guntas in survey No.753/RU in favour of petitioner No.1 and an extent of Ac.1-00 guntas in survey No.756 in favour of petitioner No.2 respectively situated at Alair Village and Mandal, yadadri Bhuvanagiri district. According to the petitioners, their grandmother_guardian purchased Ac. Ac.0-20 guntas in survey No.753/RU in favour of petitioner No.l under registered sale deed bearing document No.4613/2017, dated 2B.O3.2OIT and an extent of an extent of Ac.1-00 guntas in survey No.756 of Alair Village and Mandal, Yadadri Bhuvanagiri district in favour of petitioner No.2 under registered sale deed bearing document No.46l2 /2017, dated 28.O3.2017 from previous ov/ner and pattadar by name G.Ramulu S/o.G.Lakshmaiah. An application was submitted by the guardian/grandmother of the petitioners for mutation of the names of petitioners in revenue records. The said application was orally rejected stating that the legal heirs of the vendors have filed objection after his demise for entering the
names of the petitioners. However, no orders have been passed as required under law. The petitioners submitted applications through Dharani along with e_challan by paying requisite fee, but respondent No.4 has not disposed of the said applications.
Learned Assistant Government pleader for Revenue submits that respondent No.2 is the appropriate authority for entertaining the applications and conducting enquiry under the provisions of the Rights in Land and pattadar passbooks Act, 2020.
In view of the above, without going into the merits of the case, this writ petition is disposed of directing respondent No.2 to consider the application Nos. MU021701548613, MU021701S48S80, dated 30.1O.2OlZ submitted by the petitioners through TS online and pass orders by issuing notice to all the concerned/interested persons in accordance with law within a period of ten weeks from the date of receipt of a copy of this order.
As a sequel, the pending miscellaneous applications, if
anY, shall stan d closed.
Sd/. P. PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY// --To, SECTIoN>oFFIcER ' Iffii:[:[tlsecretarv,Revenue Department,stateor retangana,secrerariar, District, at Bhonsir rown Road, Raisiri, ' I::i#l[fif:l€?'i3,Jff:io'i-Bhuvanasiri J. lne Revenue Divisional Officer, Bhuvanaqlri. yadadr illllf i{ge,?,1}k!.,t;s,i14,'ls!ru,1.,*i,.:l::Jil''''"'"' ?. IWS 33tllr""! ror Revenue,-iiis[ Cd,1i";i,#Hil or reransana. [oUr] ^IOj" Sparebopy \JJ &"r
To,
I
HIGH COURT
BVR,J
DATED:2110312022
ORDER
WP.No.13000of 2022
f 6 APB 2U2
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DTSPOSINGOF THE WRIT PETITION WITHOUTCOSTS
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2 issues framed by the court
Whether the court should direct the appropriate authority to consider mutation applications and issue pattadar passbook and title deed pending disposal of the writ petition.
Whether the inaction of the Tahsildar in disposing of mutation applications is maintainable.
3 provisions across 3 enactments
Kum. G.Divya Tejaswi
Master G.Tanish
State of Telangana
District Collector, Yadadri-Bhuvanagiri District
Revenue Divisional Officer, Bhuvanagiri
Tahsildar, Alair Mandal
B. VJayesen Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
