Disposed

Chindam Balaiah and 2 Others v. The State of Telangana and 2 Others

Telangana HC8 Feb 2022WP/4230/2022

Case brief

AI extract

What is this about?

The Telangana High Court, in a writ petition and interim application concerning Dharani passbook issuance, directed the District Collector to decide pending online Form-V applications within eight weeks.

What did the court decide?

Directed the District Collector (2nd Respondent) to pass orders on the petitioners' online applications for issuance of new Dharani passbooks within eight weeks.

Chindam Balaiah and 2 Others Vs The State… — Pension and Retirement Benefits | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original J urisdiction)

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TUESDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRIJUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO:4230 OF 2022

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Between:

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Chindam Balaiah, S/o. Late Chitaiah, aged about 75 years, Occ. Agriculture, Rl/o. H.No.8-1-43, Rampally village, Keesara ltrlandal, Medchal-Malkajgiri District.

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Chindam Mallesha, S/o. Late Chitaiah, aged about 65 years, Occ. Agriculture, Rl/o.H.No.5-1-120, Rampally village, Keesara Mandal, Medchal-N/alkajgiri District.

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Chindam Srisailam, S/o. Late Jangaiah, aged about 50^years, Occ. Agriculture, F/o.H.No.7- 1 9/1 , Shivareddyguda, Ghatkesar ltlandal, Medchal-Malkajgiri District.

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...PETITIONERS

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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 District Collector, l,4edcha l-lr,4alkajg iri District, Office at Keesara, l,4edchalN/alkajgiri District.

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The Thasildar, Keesara lVandal, l,4ed chal-lValkaigiri District.

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...RESPONDENTS

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Petition Under Article 226 of lhe Constitution of lndia^praying that^{in the} circumstances stated in the affidavit filed therewith, the High Court may be^pleased to issue an order or direction more^padicularly one in the nature of^{Writ of} N,4andamus declaring the action of the 2nd respondents in not expediting the consideration of the online applications dated 21-12-2021^{vide applicationNos,} 1M2100106275, 1M2100106273 and 1M2100106270 submitted^{by the petitionersin} Form-V for issuance of the Dharani^{pattadar pass} book and^{to entering their names} in Dharani^portal in respect of the agriculture^{land in Sy. No. 115,admeasuring} Ac.3-00 at Godmakunta village, Keesara^{Mandal,Medchal-MalkajgiriDistrict, as} illegal, unlawful, contrary to law and consequently^{direct the 2nd respondent to} expedite the consideration of the above^{online application of the petitionersand} issue new Dharani^pass books and enter their^{namesas pattadar in the Dharani} portal of the above agriculture land.

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IA NO: 10F 2022

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Petition Under Section 151 CPC^{praying that in the circumstancesstated in} the affidavit filed in support of the^{petition,the High court may be pleased to issue} interim order directing the 2nd respondent^{to considerand pass appropriateorders} on the online application submitted^{by the petitionersin Form-V, dated 21-12-2021} vide application Nos. 11V2100106275,^{Ll,42100106273 and 1M2100106270for} issuance of new Dharani^{passbooks and to entertheir namesin the DharaniPortal} in respect of the agriculture land^{in Sy. No. 115, admeasuringAc.3-00 at} Godmakunta village,^{(eesaralr,4andal,Ir,4edchal-MalkajgiriDistrict, pending disposal} of main writ^petition.

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Counsel for the Petitioners : SRI.M.DAMODAR^REDDY

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Counsel forthe Respondents^{: AGP FOR REVENUE (TG)}

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The Court made the following ORDER

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I I ,

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THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No. 4230 of 2022

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ORDER:

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Heard learned counsel fbr the petitioners and the learned Assistant Covernment pleader for Revenue appearing fbr the respondents.

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The petitioners are challenging the action of respondent No.2 in not expediting the consideration of the online applications dated 21.12.2021 vide application Nos.LM2l 00ir0627 5, LM2100106273 and LM2100106270 submitted by them for issuance of Dharani pattadar pass books and for entering their names in Dharani portal in respect of the agricultural land admeasuring Ac.3.00 in Sy.No.ll5 situated at Godmakunta village, Keesara Mandal, Medchal_Malkajgiri District.

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It is stated that petitioner Nos.l and 2 and the father of petitioner No.3 are own brothers and they are the sons of late Chittaiah. They have purchased agricultural land admeasuring Ac.3-00 in Sy.No. I l5 situated at Codrnakunta village, Keesara Mandal, Medchal-Malkajgiri District, under registered sale deed bearing document No.738g/19g7 dated 07.12.19g7, and separate pattadar passbooks and title deeds were issued in their favour by the Mandal Revenue Officer, Keesara, vide patta Nos.51, ll3 and l2g respectively, irnder the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971. While so, the Telangana Rights in Land and Pattadar passbooks Act, 2020 (Act 9 of 2020) came into

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florce. The petitioners subnritted online applications vide application Nos.LM2l00l06275, LM2100106273 and LM2100106270, dated 21.12.2021 , for issuance of e-passbooks, but respondent No.2 has not passed orders thereon.

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In view ol the above, this writ petition is disposed of directing respondent No.2 to pass orders on online applications vide application Nos.LM2l001 06275, LM2t00tO6273 and LM2t00 106270, dated 21.12.2021, within a period of eight weeks from the date of receipt of a copy ofthis order.

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Pending miscellaneous petitions, ifany, shall stand closed.

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SD/.P.PADMANABHA^REDDY ASSISTANT REGISTRAR ,TRUE COPY/i

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SECTION OFFICER

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