Dismissed

Karupothula Saritha, v. The State of Telangana and 3 others

Telangana HC23 Jan 2023WP/1714/2023

Case brief

AI extract

What is this about?

In a Writ Petition under Article 226 read with Section 151 CPC filed for mutation of land to the petitioner after the death of her husband, the High Court at the admission stage directed the District Collector to consider the online application and pass appropriate orders after affording opportunity of hearing to all concerned parties within eight weeks.

What did the court decide?

Directed the District Collector to consider the petitioner's online application for mutation, provide notice and opportunity of hearing to all concerned parties, and pass appropriate orders within eig

Karupothula Saritha, Vs The State of Telangana and 3… — Landlord and Tenant | Telangana HC (2023)

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[³¹⁶⁸ ]

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

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MONDAY ,THE TWENTY THIRD DAY OF JANUARY 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: 1714 OF 2023

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Between:

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Karupothula Saritha, Wo late Venkanna, aged 40 years, Occ. Agriculture R/o Turkala Shapur village, Gundala lt4andal Yadadri Bhongiri District

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...PETITIONER

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AND

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,1 The State of Telangana, Rep by its Principal Secretary Revenue Department Secretariat, Hyderabad

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2 The District Collector, Yadadri Bhongiri District

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3 The Tahsildar, Gundala lr,'landal Yadadri Bhongiri District.

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4 Gayam Venkat Reddy, S/o late Gayam Ram Reddy, R/o Vangala Village, Gundala Mandal Yadadri Bhongiri District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndra praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pleased to issue writ order or direction more particularly one in the nature of writ of 'Mandamus' declaring the actiori of the respondents-2 and 3 in not taking action pursuant to the representation made by the petitioner dated 07-102O22 lor mutation and issuance of pattadar pass book as illegal, arbitrary, unjust, unreasonable and constitutional and consequently direct the 2nd and 3rd respondents to mutate the land admeasuring Ac. 2.39gts situated at Vangala village, Gundala Mandal, Yadadri Bhongiri district in the name of the petitioner and issue pattadar pass book to the petitioner in respect of said extent of land duly considering the representation of the^petitioner dated 07-10-2022 in lhe interest^of justice.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 2nd and 3rd respondents to mutate the land admeasuring Ac.2.39gts situated at Vangala village, Gundala Mandal, Yadadri Bhongiri district and issue pattadar pass book to the petitioner in respect of said extent of land duly considering the representation of the petitioner daled 07-1-2022 in the interest of justice pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI. D RAMAKRISHNA

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Counsel forthe Respondents: GP FOR REVENUE

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The Court made the following: ORDER

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HON'Bt,T- SRI JUS'f ICti K. LAKSHMAN

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WRIT PFITI'I'ION No.l7l4 OF 2023

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OttAL ORDER:

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IIcard leamed senior counsel for the pctitioner and lcarncd

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Assistant^(lovernrnent Pleader fbr Revenue appearing on behalf^o1' respondent Nos.l to 3

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ln view of the nature of relief sought in this writ petition, this writ petition is disposed o1'at the adrnission stage itself disperrsing with r-roticc to respondent No.5.

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3.^'l'he petitioner herein is clair-ning that her husband^purchascd thc land admeasuring Acs.3-20 guntas in Survey No.3l,^{situated at} Vangala Shivar Village, Gundala Mandal of Yadadri-Bhuvanagiri I)istrict under a sada bainamct dated 05.04.1990 fiom^{one Sri Gayarn} Ram Rcddy which rvas regularized and l3B and l3C^{proceedingsrvere} issued and the narre of her husband was also mutated^{in revenue records.} lll Ceftificate was also issued in his favour and^{he died on 23.06.2019.} lJut, the name of the vendor of tl-re^{husbandof the petitioner i.e., Gayarn} Rarn Reddy is continuing in^{revellue recordsin respect of the above} pl'opcl-t)/.^'l-aking aclvantage^{of the saffle, r':spondentNo'4 hereirris} creaLing problems.^{'l'lre petitionerherein has surbmitted online}

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----l

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hi..1 \ I) \r'^{l -:} l'l ;r^{'': '} application Nic.2200,26572, datec 21.10.202) ..virh respondcnr i..jr:._ ''vith^{a reqliest to delete} the aibresaid w'rong erltry atlr1 piuiate thc flititirl of' tl:e petitioner and issue e-pattadar- pass book in rcspecr of i^i: atbresaid property. Despite receiving ancr aclcnowledging the :;aicl . application, respondent No.2 did not act upon thr) Sanre. T'herel.orc. the present writ petition.

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4- On the other hand, leartred Assistant Govemment plcacler ltrr Rer,lenue, on instructionsl, would subrrnit that responcft:1t. l.lo.2 r.vill consider [he crnline applicatiutts <lI the petitiuirer and pass appl..irriare orders in accordance with law'.

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In supersession of tfre T'elangana Rigiits in Lanci ancl pattaclar Pa-ss Books Acr, l97r (Act. 26 oi 1971), the State promulgated rhe 'I'elangana ttights in l-and and pauadar pass Books AcL,, 2020 (Acr 9 of 202q. Act 9 of 2020 simplified the procedure of entries in reve.ue records and confined to three circumstances, in which request can be made for alteration of entries in revenue records i.e. sa.relgift/mortgage, succcssion/survivorship/inheritance and by way ol. Court decree.

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[n vieu, of the above, this writ petition is disposed of directing resp<rndent No.2 to consicler the online application No.2200 126572,

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KI,.J \l/ l).No. I 7 l-l e1'261-i

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dated 21.10.2022 subrnitted by the petitioner in respect of the albresaid sub-iect land and pass appropriate orders in accordance with law by putting the petitioner herein, respondent No.4 and all other aflected parties on notice and affbrding them an opportunity of hearing. Il respondent No.2 is not inclined to consider the request of the pptitioner, he shall give specific reasons to that effect. He shall communic ate a copy of the order to the petitioner also. However, he shall complete the albresaid exercise within eight (08) weeks from the date of receipt of copy of this order. In the circumstances of the case, there shall be no order as to costs.

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As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall stand closed.

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SD/.P.PADMANABHA RE ASSISTANT

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//TRUE COPY//

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SECTION CER To,t. Jhg Principal. secretary, Revenue Department secretariat, The state of Telangana, Hyderabad 2. The District Collector, yadadri Bhongiri District

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Ih"^{Tatrsitdar,Gundala MandalyadEdri Bhongiri} District.

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One CC to Sri. D Ramakrishna, Advocate fOpYUCi^--

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Two ccs to GP for Revenue, High court for the 6tate of relangana. [oUT] 6. Two CD Copies

T J glu---

HIGH COURT

DATED:2310112023

ORDER

WP.No.1714 of 2023

G.fATE Cr:
.i
_) \1 ttt $r1 .,:i:,
.)il
,}
.)

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DISPOS!NG OF THE WRIT PETITTON

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WITHOUT COSTS.

Karupothula Saritha, v. The State of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

Karupothula Saritha, v. The State of Telangana and 3 others

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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