Disposed

D .Rameshchandra Gupta v. The State of Telangana

Telangana HC28 Mar 2022WP/13765/2022

Case brief

AI extract

What is this about?

High Court disposed of a writ petition challenging the impugned memo directing a petitioner to file a mutation application via Dharani Portal. The Court directed the respondent to initiate an enquiry on the application filed through the portal and complete the process within ten weeks.

What did the court decide?

Respondent directed to conduct enquiry on application No.2200326772, issue notices to interested persons, and pass orders within ten weeks.

D .Rameshchandra Gupta Vs The State of Telangana — Land Acquisition | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD (Special Original Jurisdiction)

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MONDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 13765 OF 2022

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Between:

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D .Rameshchandra Gupta, S/o Late Sri R.Durga^{Lal Gupta, Aged about 68 years,} Occ:Business, R/o H.No.2-2-1^16, Aam^{Bazar, Yellandu, Badhradri Kothagudem} District. (Khammam District)

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...PETITIONER

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AND

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The State of Telangana, Rep. by^its Principal^{Secretary, Revenue} Department, Secretariat, Hyderabad.

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The Tahsildar, Singareni Revenue Mandal,^{KhammamDistrict.}

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...RESPONDENTS

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Petition Under Nlicle 226 of the Constltution of^{lndia prayingthat in the} circumstances stated in the affidavit filed^{therewith,the High Court maybe} pleased to issue a Writ or Direction or an Order more^particularly one in the nature of Writ of Mandamus by declaring the action of^{the 2nd Respondentin} directing the Petitioner and hjs brothers^{and sisters to file applicationunder} Dharani Portal in spite of the Petitioner succeeding^{the said land by virtue of Will} Deed dt,30/10/2019 executed by his father^{in respectof land to an extentof} Acs.5-14gts in Sy.No. 109/A, 102/AA, 114, 117lAA, and^{Sy.No.118/AA situated} at Appayagudem Village, Singareni Mandal,^{Khammam District} as^illegal, arbitrary, void abinitio, violative of due^procedures as contemplated^underlaw and besides violative of Articte 14,21 300-4^{of the constitution} of^{lndia and} consequently direct the 2nd Respondent to^{accept the Applicationof the} Petitioner in Dharani Portal and mutate the name of the^{Petitionerin pursuance} of the Will deed dt.30/10/20'19 and issue^{Pattadar Pass books and title deedsin} favour of the petitioner by fallowing due^procedure of^law.

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l.A.NO:1 OF 2022

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Petition Under Section 151 CPC^praying thatⁱⁿ the^{circumstancesstated} in the affidavit filed in support of the^petition, the^{High Courtmay be pleasedto} direct the 2nd Respondent to accept the Application of^{the Petitionerin Dharani} Portal in respect of land admeasuring Acs.s-14gts in Sy.No.^{10914, 1O2|AA, 114'}

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117lAA, and Sy.No. 1 18/AA situated at Appayagudem Vjllage, Singareni Mandal, Khammam Districtand mutate the name oi the Fetitioner in-pursua-nce ot tne wlti deed dt.30/10/2019 and issue pattadar pass books and titie deeds in favour of the.petitioner by falowing due procedure of raw pending disposar of the main wiit petition.

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Counsel for the Petitioner : SRI.S.CHALAPATHI RAO

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Counsel for the Respondents : AGp FOR REVENUE

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The Court made the following ORDER

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THE HON'BLE SRI^{JUSTICEB. VIJAYSEN REDDY} WRIT PETITIO N No.^{13765 of2022}

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ORDEII:

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Heard learneci counsel^{lor the petitioner and the learned} Assistant Government^{Pteaderappearingfor the respondents'}

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This writ petition is^{filed to declare the actionof respondent} No.2, in directing^{the petitionerand his brothers and sisters to file} an application^{under Dharani Portal, in spite of the petitionerand} his siblings succeeding^{to the subject land to an extent ofAcs'5-14} gts in Sy.Nos.l09iAA, l}2lAA,,ll4,ll7lLA^{and 118/Asituatedat} Appayagudem^{Village, SingareniMandal, Khammam District, by} virtue of the will^{deeddated 30.10.2019 executed by their father in} respect ofthe subject^{land, as illegal and arbitrary.}

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A^{preliminary objectionwas taken by the learned Assistant} Government Pleader^{stating thatapplicationsfor} succession/mutation^{wouldbe entertainedonly if the same are filed} through Dharani^Portal.

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This Court^{vide order dated21.03.2022 directed the} petitioner to take necessary^{steps with regard to filing of an}

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') BvR.J w I' No ll76J l0ll

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application for mutation through Dharani portal and report to this Court by the next date ofhearing.

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Today, leamed counsel for the petitioner placed on record a copy ofapplication No.2200326772 filed by the petitioner through Dliarani Por1al.

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According to the petitioner, his father R.Durga Lal Gupta was the absolute owner and possessor of the subject land and during his lifetime, he executed a Will deed dated 30.10.2019. His father expired on I0.05.2020. Subsequently, the petitioner and his siblings approached respondent No.2 fbr mutation of the subject land in their favour and also for issuance of pattadar pass book. Later, application dated 18.01.2021 was submitted. Respondent No.2 issued impugned memo dated 21.01.2021, calling upon the petitioner to submit application through Dharani portal. Though the grievance of the petitioner in the writ petition was that himself and his siblings are being insisted upon to submit application through Dharani Portal, the same stood redressed as the petitioner has submitted application No.2200326772 through Dharani portal.

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BVR,J w.P.No.ll765 2022

In view of the above, the writ petition is disposed of

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directing respondent No.2 to conduct enquiry, by issuing notice to all interested persons, on application No.2200326772 submitted by the petitioner through Dharani Portal for successiorlimutation, and pass orders in accordance with law. The entire exercise shall be completed by respondent No.2 within a period of ten (10) weeks Iiom the date ofreceipt ola copy ofthis orcler.

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Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

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SD/.G.SIREESHA ASSISTANT REGISTRAR

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//TRUE COPY//

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SECTION OFFICER

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To 1 The Principal, Secretary, Revenue Department, Secretariat, State of tetangana, Hyderabad. 2 The T_ahsildar, Singareni Revenue Mandal, Khammam District. 3 lwo CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] 4 One CC to SRI.S.CHALAPATHt RAO, Advocate [OpUC] 5 Two CD Copies o One spare copy S.A SW \ V

HIGH COURT

DATED:2810312022

ORDER

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WP.No.13765 of 2022

DISPOSING OF THE W.P

WITHOUT COSTS,

D .Rameshchandra Gupta v. The State of Telangana

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D .Rameshchandra Gupta v. The State of Telangana

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