Disposed

Smt Chinthapatla Narsamma v. State of Telangana

Telangana HC23 Jan 2023WP/1631/2023

Case brief

AI extract

What is this about?

Petitioner sought writ directing revenue authorities to issue digital passbooks and correct land status. Court disposed of petition granting liberty to file online application under CCLA Circular No.1/2021, ordering authorities to consider it with hearing and within 8 weeks.

What did the court decide?

Writ petition dismissed with liberty to applicant to submit online application within CCLA Circular framework; authority directed to act within 8 weeks.

Smt Chinthapatla Narsamma Vs State of Telangana — Property and Title | Telangana HC (2023)

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[3168 |

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HIGH COURT FOR THE STATE OF TELANGANA^... AT HYDERABAD (Special Original Jurisdiction)¹ MONDAY, THE TWENTY THIRD DAY OF JANUARY^- TWO THOUSAND AND TWENTY THREE PRESENT

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THE HONOURABLE SRI JUSTTCE K.LAKSHMAN ..'

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WRIT PETITION NO: 163t OF 2023

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Betrveen:

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Smt Chinthapatla Narsamn.ra, W/o Mallaiah, Occ. Cultivation, R/o Laxmidevipeta, Venkatapur Mandal, Mulugu d istrict.

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...PETITIONER

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AND

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L State ofTelangana, Rep.by Prl.Secretary to Government, Revenue Department, Secretariat, Hyderabad.

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The Collector, Mulugu district, Mulugu.

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The Tahsildar, Venkatapur Mandal, Mulugu district.

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..RESPONDENTS

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Petition under Articlc 226 of the Constitution of India praying that in the circumstances stated in the al'lidavit filcd therervith. thc High Court may be pleased to issue a Writ of Mandamus or any other appropriate rvrit, order or direction, declaring the action of the respondents 2 and i in not issuing digital passbooks for the lands to an extent of Ac.1.20 gts in Sy-No.(r9l (dry), Ac.0.02 gts in Sy.No.79lB (dry), Ac.O.24 gts in Sy.No.79lB A (dry), Ac.0.20 gts in Sy.80 (wet), Ac.0.09 gts in Sy.No.8l (wet), Ac.O.39 gts in Sy.No.S2, Ac.l.2l gts in Sy.No.76ll (dry), Ac.0.36 gts in Sy.No.77l1 (dry), Ac.2.06 gts in Sy.No.7S/B, Ac.3.02 gts in Sy.No.79lA (dry), Ac.0.l2 in Sy.No.548 (wet), Ac.O.12 gts in Sy.No.549 (rvet), Ac.0.25 gt in Sy.No.553/F, Ac.l.37 gts in Sy.No.628 (dry), Ac.l.06 gts in Sy.No.63l/B (dry), Sy.No.3.04 gts in Sy.No.639 (dry), Ac.2.l5 gts in Sy.No.640/B (dry), Ac.2.32 gts, in Sy.No.64liD (dry), Ac.l.l8 gts, in Sy.No.642lB (dry), Ac.2.37 gts in Sy.N().655 (dry) and Ac.2.04 gts in Sy.No.690 (dry) totally admeasuring Ac.30-21 gts., situated at Laxmidevipet village, Venkatapur Mandal, Mulugu district, though the petitioner is the rightf-ul owner and pattadar of the said lands, having recognized petitioner's tille, the 3rd respondent has issued him Pattadar Passbook in the year 20lO and petitioner's name is entercd as owncr and possessor of the said lands as owner of the said land, but land status is shown as 'Not signed' as illcgal and arbitrary and consequently direct the rcspondents 2 and 3 to issue digital passbooks to the petitioner for the said lands in lavour of the petitioner by making necessary corrections in Dharani;

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IA NO: I OF 2023

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Petition under Soction l5l CPC praying that in the circumstances stated in the affidavit filed in support of thc petition, tho High Court may be pleased to direct the Respondents to direot the respondents 2 and 3 to issue the petitioner digital passbooks for the lands to an extent of'Ac.1.20 gts in Sy.No.691 (dry), Ac.0.02 gts in Sy.No.79lB (dry), Ac.0.24 gts in Sy.No.79ll) A (dry), Ac.0.20 gts in Sy.80 (wet), Ac.0.09 gts in Sy.No.8l (wet), Ac.0.39 gts in Sy.No.82, Ac.l.2l gts in Sy.No.76/l (dry), Ac.0.36 gts in Sy.No.77ll (dry), Ac.2.06 gts in Sy.No.78/B, Ac.3.02 gts in Sy.No.7glA (dry), Ac.O.l2 in Sy.No.548 (wet), Ac.O.l2 gts in Sy.No.549 (wet), Ac.0.25 gt in Sy.No.553/F, Ac.l.37^gts in Sy.No.628 (dry), Ac. l.{)6 gts in Sy.No.633/B (dry), Sy.No.3.04 gts in Sy.No.639 (dry), Ac.2.l5 gts in Sy.No.64{r1B (dry), Ac.l.l2 gts, in Sy.No.641lD (dry), Ac.l.l8 gts, in Sy.No.64218 (dry), Ac.2.l7 gts in Sy.No.655 (dry) and Ac.2.04 gts in Sy.No.690 (dry) totally admeasuring Ac.3{)-21 gts., situated at Laxmidevipet village, Venkatapur Mandal, Mulugu district in petitioncrs favour Lry making necessary corrections in Dharani

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Counsel for the Petitioner : SRI. SUJATIIA KURAPATI

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Counsel for the Rcspondents : GP FOR REVENUE

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The Court madc the follol'ing:

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HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.1631 of 2o23

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ORDER:

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Heard Ms.Sujatha Kurapati, learned counsel appearing for the petitioner and learned Assistant Government Pleader for Revenue appearing lor respondents. Perused the record.

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The petitioner is claiming that she is the absolute owner and possessor of lands admeasuring Ac. 1-20 gts., in Sy.No.691, Ac.O-02 gts., in Sy.No.79l8, Ac.O.24 gts., in Sy.No.79/BA, Ac.O-20 gt"., in Sy.80, Ac.0-09 gts., in Sy.No.81 Ac.O-39 gts., in Sy.No.82, Ac.l-21 gts., in Sy.No.76/1, Ac.0-36 gts., in Sy.No.77/1, Ac.2-06 gts., in Sy.No.78lB, Ac.3.02 gts ln Sy.No.79lA, Ac.0-12 in Sy.No.548, Ac.O-12 gts., in Sy.No.549, Ac.O-25 gts., in Sy.No.553/F, Ac.l-37 gts., in Sy.No.628, Ac. 1-06 gts., in Sy.No.633/B, Sy.No.3-O4 gts., in Sy.No.639, Ac.2-15 gts., ln Sy.No:64OlB, Ac.1-18 gts., in Sy.No.64llD, Ac.2-32 gts., in Sy.No.6a2/8, Ac.2-37 gts., in Sy.No.655 and Ac.2-O4 Bts., in Sy.No.69O, total admeasuring

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Ac.30-2 1 gts, situated at Laxmidevipet village, Venkatapur Mandal Mulugu district. In proof of the same, she has liled copies of old patteda-r pass books and title deeds, l-B Certihcate, pahani copies and also Dharani Status. When she tired to submit online application in terms ol CCLA's Circular No.1/202 1, dated i5-01-202 I with respondent No.2 with a request to mutate her name and issue E-pattedar pass books in respect of the aforesaid lands, the same was not accepted, therefore, the present writ petition.

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Whereas learned Assistant Government Pleader for Revenue, on instructions, would submit that as per CCLA's Circular No.l /2021, dated l5-Ol-2O21 the petitioner herein has to hle orrline application to respondent No.2, who inturn, will consider the said online application submitted 1n by the petilioner and pass appropriate orders, accordance with law.

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In view of the aloresaid discussion, this writ petition is disposed of, granting liberty to the petitioner to submit

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I I j

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online application in terms of the aforesaid Circular^to respondent No.2 along with relevant documents^{with a} request to mutate her name in^{respect of the aforesaid} lands and issue E-pattedar pass books. On receipt^{of the} said online application, respondent No.2 shall consider the same and pass appropriate orders strictly in accordance with law by putting the petitioner and all affected parties on notice and affording them an opportunity of hearing. If respondent No.2 is not inclined to accept the claim / request of the petitioner, he shall assign specihc reasons, pass a reasoned order and shall communicate copy of the said order to the petitioner. He shall complete the entire exercise within a period of eight (8) weeks from the date of making ol online application. There shall be no order as to costs. 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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To.

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SD/-MOHD SANAULLAH ANSARI ISTRAR //TRUE COPYII ASSISTANT r""tlSECT ION OFFICER

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The Principal Secretary to Government, Revenue Departnrent, Secretariat, Hyderabad.

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The Collector, Mulugu district, Mulugu, State of Telangana.

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The Tahsildar. Venkatapur Mandal, Mulugu district.

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One CC to SRL SUJATHA KURAPATI Advocate [OPUC]

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Two CCs to GP FOR RLVENUE, High Court for the State of Telangana, Hyderabad. [OUT]

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Two CD Copies

I I II I

IIIGH COUITT

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KL, J

DATED: 21/0t12023

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ORDER

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WP.No.l63l of 2021

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WRIT PETITION IS DISPOSED OF WITHOU'T COSI'S

Smt Chinthapatla Narsamma v. State of Telangana

Case brief

What is this about?

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Smt Chinthapatla Narsamma v. State of Telangana

Case brief

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