High Court disposed of writ petitions filed for issuance of a pattadar pass book and title book. The court directed respondents to consider the petitioner's representations and complete the exercise within six weeks.
Direction to respondents to consider petitioner's applications and issue pattadar pass book within 6 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 GOURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE TWENTY SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITION NO: 19844 OF 2022
Between:
l,4r.Thatipamula Rajaiah, S/o Late T.Narsaiah, Age 78 years, Occ. Agriculture, R/o Kondagadapa Village, lt4othkur Mandal,Nalgonda District
,..PETITIONER
AND
...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 Writ or Order or Direction more particularly one in the nature of WRIT OF IVANDAMUS, declaring the in action of the 2nd respondent in not issuing pattadar pass book and title book, which is mandatory under T.S. Rights in Land of Pattadar Pass Books Act based on (1)the judgment and decree of the trial Court made in O.S. No.59 of 2004 on the file of the Honourable Junior Civil Judge, Ramannapet, Yadadri Bhuvanagiri District (2)And the ordbrs of the Revenue Divisional Officer, Bhuvanagiri made in Appeal No.D1170512013 (3)Orders passed by the Honorable Special Tribunal in F21151812021 (old case No.F2l4411l2O1B) dated 021071202'1 ,consequently direct the 2nd respondent to rssue the pattadar pass book and title book in favour of the petitioner in the interest ofjustice.
lA NO: 1 OF 2022
Petition under section 151 CPCprayingthat in the circumstances statedin the affidavit filed in supportof the petition,the High courtmay be pleasedto direct the 2nd respondent toconsiderthe petitioner application (Form-6A)and representation daled 02.04.2022and 28.02.2022 and issue pattadar pass books in favour of thepetitioner in theinterestof .iustice.
Counsel for the Petitioner: SRl. KURITI BHASKARA RAO
Counsel for the Respondents :GP FOR REVENUE
The Court made the lbllorving: ORDER
I
1'IIE HON'BLE SIU JUSTICE B. 'IJAYSENREDDY
\YRIT PETITION No.I9844 of 2022
ORDER:
Heard learned counsel for thepetitioner andlearned Assistant Govemtnent Pleader for Revenue.
nranagecl to get their names entered in therevenue recordsin respcct ol the subject land.Based onthe adoption deed dated
<br>: AVR.J
W.P.No I9844 o12022
15.11.1947, a suit in O.S.No.59 of 2004 on the file of Junior Civil Judge at Ramannapet, Nalgonda District, was filed by the petitioner for declaration and pelpetual injunction. By judgment dated2l .12.201 1, the suit was decreed. The petitioner hacl been in peaceful possession and enjoyment of the subject land. An application dated 27.04.2012 was submitted by the petitioner f,or mutation of his name in revenue records. Memo No.B/ZOl2Ol3 dated 29.04.2012 was issued by respondent No.4 - Tahsildar, Mothkur Mandal, sanctioning mutation in the name of the petitioner. However, having noticed that there were some wrong entries in the revenue records, the petitioner filed appeal under Section 5 (5) of the Telangana Rights in Land and pattadar pass Books Act, 1971 (for short 'the Act,), before the Sub-Divisional Magistrate and Revenue Divisional Oi'ficer, Bhongir, t,ide appeal case No.D/170512013. The Revenue Divisional Oflicer, having verified the judgment and decree passed in O.S.No.59 of 2004, directed for implementation of the said judgment and decree as per the procedure laid down under Section 5 (3) of the Act. Aggrieved parties filed Revision Petition before the Joint Collector, yadadri Bhongir District, and the same was transferecl to the Special Tribunal consequent upon the Telangana Rights in Land and
\
BVIT,J W I, No lqX.{,1 ot 1022
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Pattadar Pass BooksAct, 2020 (for short,'Act 9 of 2020') coming into ibrce. The SpecialTribunalpassedorders dated02'07 '2021 dismissing the RevisionPetition filed by aggrieved parties. Hence, the claim of thepetitioner is that there is no impediment for respondent Nos.2 and4 to issue mutation proceedings and pattadar pass books in his favourby implementing the judgmentand decree in O.S.No.59 of2004 as per Section4 of Act 9 of 2020'
\
ll v tt.J
! l'lro.l9ll44 o1 2022
Pending miscellaneous petitions, il' any, shall stancl closccl.
t.r-o ordcr as to costs.
', .l
I
To,
SD/. T. TIRUMALA DEVI ASSISTANI REGISTRAR //TRUE COPY// AP SECTION OFFICER
cHs
NPJ
HIGH COURT
DATED:2610412022
IHF. S |'.i, t4:
3 22 JUt{20A
*
:.) raAT EO
ORDER
WP.No.19844 of 2022
DISPOSING OF THE WRIT PETITION
WITHOUT COSTS
l/-
,r)
2 issues framed by the court
Whether the respondents are directed to implement the judgment in O.S. No.59 of 2004 by issuing a pattadar pass book.
Whether the petitioner must file an application through the Dharani Portal when the land is not reflected there.
8 provisions across 7 enactments
Thatipamula Rajaiah
The State of Telangana
The District Collector, Yadadri Bhuvanagiri District
The Revenue Divisional Officer, Nalgonda
The Tahasildar, Mothkur
B. Vijaysen Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
