Disposed

Moodoju Kistaiah v. State of Telangana

Telangana HC13 Apr 2023WP/10044/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking mandamus to direct the Tahsildar to enter the petitioner's name in online pahanies and issue an e-passbook. The Court rejected the one-word rejection of the application as arbitrary and lacking reasoning, remanding the matter for a reasoned decision within eight weeks.

What did the court decide?

Petition disposed and matter remanded to the 2nd respondent to consider the online applications afresh and pass a reasoned order within eight weeks.

Moodoju Kistaiah Vs State of Telangana — Land Acquisition | Telangana HC (2023)

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I3168I

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

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THURSDAY, THE THIRTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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WRIT PETITION NO: 100 440F 2023

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Between:

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.lt{qgdoju^{Kistaiah, Sio. Yellaiah,.{qq.gSyears, Occ;Agricutture, R/o.Arepaily,} Velikatta Village, Kondapak Mandal, Siddipet^-District.

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...PETITIONER

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AND

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State of Telangana, Rep. by its Principal Secretary, Revenue Department,

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Secretariat, Hyderabad.

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The District Collector, Sidipet Diskict at Siddipet.

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The Revenue Divisional Offier, Gajwel Revenue Division, Siddipet District.

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The Tahsildar, Kondapak Mandal, Siddipet District.

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The Special Tribunal, Siddipet District at Siddipet.

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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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the action of the respondents in not entering the name of the petitioner into the online pahanies and e-passbook in respect of his land in Sy. No.335/AA to an extent of Ac.O.22 Gts.land in Sy.No.335/A to an extent of Ac.O.22 Gts.and Sy.No.335/AA to an extent oI Ac.1 .14 Gts.situated at Velikatta Village, Kondapaka Mandal, Siddipet District as per the orders of the Special Tribunal in Case No.F3/Spl.Tribunal/Kondapall4812021 , dt.BlO2l2O21 and^'13-B certificate issue in favour of the petitioner as illegal and arbitrary and against the Article 14 and 300-4 of the Constitution of lndia and consequently

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direct the respondents to enter the name of the petitioner in online pahanies against the above lanC and also lo ssue the e-passbook.

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!.A.NO:1 OF 2023

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Petition Under Section 15'1 cPC praying that in the circumstances stated in the affidavit filed in support of thr-, petition, the High Court may be pleased to direct the respondent No.4 to enter the name of the petitioner in online pahani as well as to issue the e-passbook against his land in Sy.No. Sy. No.33S/AA to an extent ol Ac.O.22 Gts., land in Sy No 335/4 to an extent ot Ac.O.22 Gts.; and Sy.No.335/AA to an extent of Ac. 1 .1 4 Gts., situated at Velikatta Village, Kondapaka [Vlandal, Siddipet District, pending finalization of the writ petition.

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Counsel for the Petitioner : SRI.JALL| KANAKATAH, ADV FOR SRI.NARENDAR JALLI Counsel for the Respondents : AGP FOR REVENUE

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The Court made the following ORDER J

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HON'BLE SRI JUSTICE K. LAKSHMAN

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WRIT PETITION No.1OO44 of 2o23

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ORDER:

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Heard Sri Jalli Kanakaiah, learned Counsel representing Sri Narendar Jalli, learned Counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents. Perused the record.

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This writ petition is filed seeking Writ of Mandamus declaring the action of the respondents in not entering the J name of the petitioner into the online pahanies and e- passbook in respect of his land in Sy.No.335/AA to an extent of Ac.O.22 gts., land in Sy.No.335 /A to an extent of Ac.O.22 gts., and Sy.No.335/AA to an extent of Ac. 1.14 gts., situated at Velikatta Village, Kondapaka Mandal, Siddipet District.

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The petitioner herein has filed an appeal under Section 5(5) of T.S Rights in Land & pattadar pass Book Act 7971 & Rule 21 of Telangana Rights in Land and pattadars Pass Books Rules, 1989 before the 3rd respondent in respect of land admeasurin g Ac.O.22 gts each in Sy.No.335/AA, Sy.No.335/AA and Sy.No.335/A, total

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extent of Ac.2.18 gts, situated at Velikatta Village, Kondapaka Mandal, Siddipet District. The same was transferrecl to the Speci:r1 Tribunal, Siddipet District in terms of Section 16 ol tl-rc ROR Act, 2O2O and vide orders dated 08.02 2021 the Special Tribunal, Siddipet District advised the pctitioner to srrbmit online application

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Accordirrg to Sri ,lrr11i Kanakaiah, learned Senior Counsel reprr:senting Sri Narendar Jalli, learned Counsel for the petitioner, therc^js no challenge to the order dated Q8.O2.2021^{passed by lheSpecialTribunal, Siddipet} District and it has attaincd finality. The petitioner herein has submittecl online application on 07.06.2021 to tLre 2"a respondent who in turn rr,.1ected the same with one word "rejected". It is not a reasoned order and no reasons were assigned. It is liable to be set aside.

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Therefore, without going into the merits and demerits of the case, thrs writ petition is disposed of and the matter is remanded back with a clirection to the 2"d respondent to consrder tlre aforesaid online application I.D.Nos.RC2t0O0O1245, RC2|OOOOL24T, RC2 1OO0O 1243, RC2 i O0(X) 1244 and, to pass appropriate

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orders afresh strictly in accordance with law. If the 2'd respondent is not inclined to accept the request made by the petitioner, he shatl assign specific reasons, pass a reasoned order and communicate copy of the said order to the petitioner herein. The said exercise shall complete within a period of eight (08) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

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As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.

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SD/. T. JAYASREE ASSISTANT REGISTRAR

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Notei That in the order dated 13.04.2023 in ' W.p.'".j,0 No. 10044 ot 2023, the word Respondent,, read at 3.d and g,h lines^'of Para i is deleted ana^{'iuUstitui;;-} ; "_2* Reipondent,, as per the ora"is^-"i'ion,o'iJ court dated 12.07.2023'in t.A. N;. ,;lzclii'-" "'' .^{This Amended order} shall Substitute the earlier order which has atreaUy Ueen A;;;1;;; on 05.06.2023.

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SD/. T. JAYASREE ASSISTANT REGISTRAR

//TRUE COPY//

,gl SECTION OFFICER

1 IffiJr:l:f' secretary, Revenue Deparlment, secretarial, state of retangana at

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The District Collector, Sidipet District at Siddioer

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The Revenue Divisionat Otr,c"i,GqGi R;'r-;;; Division, Siddipet Diskicr.

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The Tahsitdar, Kondapak vanoal, Siaoipei D;;i"i.'""'"

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c. I ne Upectat I ribunal, Siddipet District at Siddioer

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I wo CCs to Gp FOR REVENUE, High Court f;i ine State of Tetangana at Hyderabad. [OUTI 7. One CC to SRI.NARENDAR JALL|, Advocate [OPUC] 8. Two CD Copies SA LS Nr,--

HIGH COURT

DATE D: 1 310412023 DATED:1210712023

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AMENDED ORDER J

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WP.No.10044 of 2023

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DISPOSING OF THE W,P

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WITHOUT COSTS.

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t\A ,'t3

Moodoju Kistaiah v. State of Telangana

Case brief

What is this about?

What did the court decide?

Moodoju Kistaiah v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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