Disposed

Ballem Venkateswarlu v. The state of Telangana and 3 others

Telangana HC16 Dec 2023WP/174/2023

Case brief

AI extract

What is this about?

This is an oral order disposing of a writ petition challenging the rejection of a request for an electronic land passbook. The court directed revenue authorities to process both the petitioner's pending application and the respondent-brother's application within one month.

What did the court decide?

Direction to revenue authorities to consider both the petitioner's and the respondent-brother's applications for e-pattadar passbook issuance within one month.

Ballem Venkateswarlu Vs The state of Telangana and 3… — Landlord and Tenant | Telangana HC (2023)

¶1

[³¹⁸³ ]

¶2

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

¶3

SATURDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

¶6

WRIT PETITION NO: 174 OF 2023

¶7

Between:

¶8

Batlem Venkateswarlu, S/o. Dharmaiah, Aged.61 years, Occ. Private employee, Rio. H.No.3-1 -140, Samithinagaram Village, Manuguru Mandal, Bhadradri-Kothagudem district

¶9

...PETITIONER

¶10

AND

¶11

1 The state of Telangana, Rep. By its Principal Secretary for Revenue department, Secretariat, Hyderabad

¶12

2 The District Collector, Office at Kothagudem, Bhadradri-Kthagudem District

¶13

J The Tahsildar, Paloncha lrlandal, Bhadradri-Kothagudem District

¶14

4 Ballem Chinaa Venkateswarlu, S/o. Dharmaiah, Aged. 55^years, Occ. Agriculture, Rt/o. H.No.4- 12, SC Colony, Dantelabora, Paloncha Mandal, Bhadradri-Kothagudem district

¶15

...RESPONDENTS

¶16

Petition under Article 226 of the Constitution of lndia^praying that^{in the} circumstances stated in the affidavit filed therewith, the High Cou(^{may be} pleased to issue an appropriate Writ, Order or Direction, more^particularly one in the nature of Writ of mandamus, to declare the action of^{the Respondent Nos. 2} and 3 in rejecting the^petitioners request^{for issuance} of^{new electronicpass} book for land to an extent of Ac.1 .22^gts in Sy.No.'133/A,^{situatedat Dantelaboru} village, Paloncha Mandal of Bhad rad ri-Kothagudem district^{on the ground that} the petitioners brother who is 4th respondent did^{not give no obiection for} issuance of pass book is as being illegal, arbitrary, and^{unconstitutionaI and for} other reliefs and violation of article 21 and 300-A of^constitution of^{lndia and} consequently direct the Respondent Nos. 2^{and 3 to takesteps for issuanceof} pass book to the petitioner's land to an extent of Ac.1 .22 gts in Sy.No.'1 33/A,

¶17

situated at Dantelaboru village, Paloncha lvlandal of Bhadradri-Kothagudem district.

¶18

lA NO: 1 OF 2023

¶19

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 to pass orders forthwith directing the Respondent nos. 2 and 3 to take steps for issuance of pass book to the petitioner's land to an extent of Ac.1 .22 gts in Sy.No.'133/A, situated at Dantelabora village, Paloncha tVlandal of BhadradriKothagudem district pending disposal of the main case.

¶20

Counsel for the Petitioner: SRI PULLA RAO YELLANKI

¶21

Counsel forthe Respondent No.1 to 3: AGP FOR REVENUE

¶22

Counsel forthe Respondent No.4: SRI NAGESWARA RAO REPAKULA

¶23

The Court made the following: ORDER

¶24

THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

¶25

WRIT PETITION No.174 OF 2023

¶26

OR-DER:(ORAL)

¶27

This writ petition is filed seeking following relief:

¶28

"... to issue an appropriatc Writ, Order or Direction rnore particularly one in tho nature ol' Writ ol mandarnus 10 declare the action of the Respondent Nos.2 and 3 in rejecting the pctitioners request for issuance ol new electronic pass book tbr land to an extent of Ac.l-22 gts in Sy.No. 133/A situated at Dantelaboru village, Paloncha Mandal of Bhadradri-Kothagudcrn district. on the ground that the petitioners brother who is 4'l' respondent clicl not give no objection for issuance of pass book is as being illeeal. arbitrary and unconstitutional and for other reliets and violation oI article 2I and 300A ol'constil.ution of India and consequently direct the Rcspondcnt Nos.2 and 3 to take steps for issuance ol pass book to the petitioners land to an extent of Acs. I -22 g1s in Sy.No.133/A situated at Dantclaboru village, Paloncha Mandal, Bhadradri-Kothagudern district. and pass ...'!

¶29

Heard learned Counsel fbr thc petitioner, learned Assistant

¶30

Government Pleader for Revcnue appearing for respondent Nos.I to 3 and learned counsel lor respondent No.4, and perused the matcrial on record.

¶31

Learned counsel for respondent No.4 submitted that petitioner and respondent No.4 are brothers and total extent of land held by their father is Acs.3-03 l/2 guntas in Survey No.133/A situated at Dantelabora Village, Paloncha Mandal, Bhadradri-

¶32

¶33

i i i t

¶34

Kothagudem District. Both of thern were alloned equal shares. However, disputes arose between them when the petitioner was allotted Ac.1-22 guntas as against Ac.1-21 guntas allotted to respondent No.4.

¶35

According to leamed counsel for the petitioner, one ( I ) gunta more allotted to the petitioner, being the eldest son. However, sarne is disputed by learned counsel for- respondent No.4 and it is submitted that under the provisions of the Hindu Succession Act, 1956, both sons arc entit.led for equal shar.es.

¶36

Learned counsel for the petitioner fairly submitted that equal share i.e., land to an extent of Acs. l-21 /z gtntas may be allotted to each of the petitioner and respondent No.4. It is further stated that petitioner has subrnitted online application bearing No.RC2200004776 dated, 03.05.2022 for issuance of e-pattadar passbook in respect of the land admeasuring Acs.1-215 guntas in Survey No. I 33lAA situated at Dantelabora Vitlage, paloncha Mandal, Bhadradri-Kothagudem District, but the same was kept pending as the respondent No.4 has not issued No Objection Certificate for issuance of e-pattadar passbook.

¶37

In view of the above, writ^petition is disposed^{of directing} respondent Nos.2 and 3 to consider the online^application submitted by the petitioner bearing No.RC2200004776^dated 03.05.2022 for issuance of e-pattadar passbook in respect of the land admeasuring Ac. 1-21.5 guntas in Survcy No. 133/AA situated at Dantelabora Viltage, Paloncha Mandal, Bhadradri-Kothagudem District. Further, respondent No.4 is given libety to file online application through appropriate n'rodule in Dharani portal fbr issuance of e-pattadal passbook in respect ol the share of his land of Ac. 1-21.5 guntas. On receipt of such application/s, respondent Nos.2 and 3 shall considcr thc sanrc. by issuing notice to all concerned/interested persons, and pass orders, in accordance with law in both the applications, within a period olone (1) month frotn the date of rcceipt of a copy of this older.^'l'here shall be no order as to costs.

¶38

As a sequel thereto, miscellaneous applications,

¶39

if any, pending in the writ petition stand closed

¶40

SD/.V.KAVITHA ASSISTANT IS

//TRUE^COPY//

SECTION^OFFICER

To,

1 The Principal^{Secretaryfor Revenuedepartment' Secretariat' Hyderabad'} state of Telangana

¶45

The District^{Collector, Office at Kothagudem' Bhadradri-Kothagudem District}

¶46

The Tahsildar,^{Paloncha Mandal' Bhadradri-KothagudemDistrict}

¶47

One CC^{to SRI PULLARAOYELLANKI' Advocate [OPUCI}

¶48

One CC to SRt NAGESWARA RAO REPAKULA, Advocate tOpUCI t IX&883.tffiFoR REVENUE, Hish court ror the state of reransana at

¶49

fwo CD Copies

BSR GJP SJ*

i l

HIGH COURT

DATED: 1611212023

ORDER

WP.No.174 ot 2023

E STATE.
1
(
2 2 Jr\ 202[ i)j,
or)
I

,.'l-'

¶59

DISPOSING OF THE WRIT PETITION,

¶60

WITHOUT COSTS

¶61

\0
\2\ \1-<br>t$r,

Ballem Venkateswarlu v. The state of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

Ballem Venkateswarlu 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

Parties & counsel

Coram

Case details

Similar cases

M/s. Mathrubhuumi Infra Vs Sri. C. Lakshmikar Reddy

Gundelli Kanakaiah Vs The State of Telangana and 5 others

M/s Raghava-Plr (Jv) Vs Smt. a. Santhi Kumari, IAS

K.Aruna Vs The State of Telangana

Kamarouthu Vamshi, Vs Dandugula Maisaih

Tadakamalla Mohan Rao and another Vs M/s Kalyan Ram Rice Industries and 10 others