Disposed

Mohd. Raheem v. The Tahsildar

Telangana HC13 Dec 2023WP/17524/2023

Case brief

AI extract

What is this about?

This single-judge oral order disposed of a writ petition challenging inaction by revenue authorities regarding the issuance of an e-pattadar passbook. The court directed the respondents to consider the petitioner's Dharani application, issue notices, and pass orders within two months.

What did the court decide?

Directed respondents to consider the Dharani application, issue notices, and pass orders within two months. No order as to costs.

Mohd. Raheem Vs The Tahsildar — Writ and Judicial Review | Telangana HC (2023)

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[³¹⁸³¹

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IN THE HIGH COURT^{FOR THE STATE OF TELANGANA} AT HYDERABAD (SPecial Original Jurisdiction)

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WEDNESOAY, THE THIRTEENTH^{DAY OF DECEMBER} TWO THOUSAND^{AND TWENTY THREE}

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PRESENT

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THE HONOURABLE^{SRI JUSTICEB. VIJAYSEN REDDY}

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WRIT PETITION^{NO: 17524OF 2023}

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Between:

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Mohd. Raheem,^5/o. I^{tuond- Khadeer, Age!-4p years, Represented by his} 6i6ii.,dr'Mo6J.^{AOouirrl1i,iirin,nyo- H. N6.9-2-74; Mustaidpura,Nizamabad,} Nizamabad District.

...PETlTIONER

AND

The Tahsildar, Nizamabad,^{Nizamabad District'}

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The Revenue^{Divisional Officer, Nizamabad, Nizamabad District'}

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The District Collector,^{Nizamabad District, Nizamabad'}

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State of Telanqana, Represented^{by its Pnncipal Secretaryto Government'} nirrenre D.pdrtment,^{Secretariat Buildings, Hyderabad'}

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...RESPONDENTS

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Petition under^{Article 226 of the constitution of lndia prayingthat in the} circumstances^{stated in the affidavit filedtherewith' the High Court may be} oleased to issue a writ,^{Orderor direction, more particularly onein the natureof a} Arti"te 22G^{of the Constitutionof lndia declaringthe} ;;i;iM;;r1niUr action of the respondent^{in not issuing new pass book in the name of State of} i;ir;g;"; in respect^{of 6 Acres of ta-nd in sy. No.2164 situatedat Nizamabad} VirirgE ;"0 Mandal^{in pursuance of the representation madeby the petitioner} dated 17t1t2Ol9^{and in noi incorporating ihe land particularsin the_ Dharani} p".t"f i, pui*n"" of the applicaiion made^{to. that effect is contrary, Arbitrary'} irr"g"i, Ji..ri.inrtory,^{.rtatiie, unconstitutionat and violating Articles-14,19 and} Constitution of^{lndia and issue consequentialdirections directingthe} ,i-;ih; -n".pona"ntt to tortt *itn' to isiue new pass book in the name of State of r"r"n!rn" to the^{extent of 6 Acresof land at sy. No.2164 situated at Nizamabad} Vili;#;J Mandal and also^{further direct the respondents to incorporate. the} prrtiirtro of the 6 Acresof^{land in sy No 2164 situatedat Nizamabad Village} and Mandal in the^{Dharani Portal in pursuance of submitting the application'}

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IA NO: 10F 2023

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Petition under Sdction^{151 cPC prayingthat in the circumstancesstated} in the affidavit filed in support^{of the petition, the Highcourt may be pleased to} direct the respondents^{forthwittrto issue new passbook in the name of state of} Telangana in respect of^{6 Acres land in sy No.2164 in Nizamabadvillageand} trlandll and further direct^{the respondentsto incorporatethe particulars of the 6} Acres of land in sy.^{No.2164 in NizamabadVillage and Mandal in the Dharani} Portal,^pending disposal^{of the Writ Petition.}

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Counsel for the Petitioner:^{SRI P.V. KRISHNAIAH}

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Counsel for the Respondents:^{ASST. GP FOR REVENUE}

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The Court made the^{following:ORDER}

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//'

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THE HONOURABLE SRI JUSTICE B.^{VIJAYSEN REDDY}

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WRIT PETITION No.17524 OF 2023

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ORDER:(ORAL)

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This writ petition is filed by the petitioner seeking to declare the action of respondents in not considering the representation of the petitioner dated 17.05.2019 for issuance of e-pattadar^passbook in respect of his land admeasuring Acs.6-00^guntas in^Survey No.2l64 situated at Nizamabad Viltage, Mandal^{and District,as} being illegal and arbitrary

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Heard learned counsel for the^petitioner, leamed^Assistant Govemment Pleader for Revenue appearing for^{respondents,and} perused the material on record.

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Leamed counsel lor the^petitioner submitted that^the petitioner is the owner and possessor of the land admeasuring Acs.6-00 guntas in Survey No.2l64 situated^{at Nizamabad Village.} When the petitioner intended to sell^{the subject land,he} encountered with arr^{issue that the strbjcctland is a Govemment} land. Thereafter, he made^{a represcntation to t'espondent No.1 to}

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issue declaration that subject land is not a Govemment land. Pursuant to the request of the petitioner, respondent No. I vide proceedings dated 10.02.20 13 submitted a report to respondent No.2, who in tum addressed a letter vide Lr.No.ROW20lg dated 20.02.2013 to Sub-Registrar, Nizamabad stating that the subject land is a Patta land. After introduction of Dharani portal, despite the represenration of the petitioner dated, 17.05.2019, respondent authorities did not issue e_pattadar passbook to the petitioner in respect of the subject land. petitioner also submitted Dharani application bearing No.2300 l 0920 4 dated 0g.07.2023 for issuance of e-pattadar passbook in respect ofthe subject land. Grievance of the petitioner is respondent authorities are not acting upon the Dharani application of the petitioner, hence, he is constrained to approach this Court.

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Learned Assistant Govemment pleader for Revenue appearing for respondents has submitted that appropriate action will be taken on the Dharani application of the petitioner, in accordance with law

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Recording the aforesaid submission of the leamed Assistant

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Govemment Pleader for Revenue, without going into merits of the case, the writ petition is disposed of directing respondent Nos. I to 3 to consider the Dharani applications bearing No.2300109204 dated 08.07.2023 lor issuing e-pattad$ passbook in respect of his land admeasuring Acs.6-00 guntas in Survey No.2164 situated at Nizamabad Village, Mandal and District, by issuing notice to all concemed/interested persons, and pass orders, in accordance with law, within a period of two (2) months from the date of receipt of a copy of this order. No order as to costs.

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To,

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As a sequel thereto, miscellaneous applications, if any' pending in the writ petition stand closed' ' -- ' aor-o.v.s.pRASAD ASSISTANT^REGISTRAR /rrRUE coPY// \l sEcTloN brrlceR

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1 The Tahsildar,^{Nizamabad, Nizamabad District'} 2 iiiE #;;ir;'divffi^{;;l orr"t' Nizamabad.,Nizamabad District'} 3 The District Collector,^{Nizamabad District' Nizamaoao'} 4 iffi Fii;;ir;rl S-l.ilti.v^{iJc"i"'"ni'-n"utnDepartment' stateof} 65 l*:*sil.tlf Yffi E6r'i."d'b'ioii^{li"'?i''.',iill?iiTloo',ftXt1o?r"1.nEVeruue,Hish court tbr the Stateof Telansana} tourl

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Two CD CoPies BN crP4v'_.---

HIGH COURT

DATED:1 311212023

ORDER

WP.No.17524 ot 2023

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DISPOSING OFITHE WRIT^PETITION WITHOUT COSTS

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Mohd. Raheem v. The Tahsildar

Case brief

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Mohd. Raheem v. The Tahsildar

Case brief

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