Dismissed

N. Anji Reddy v. State of Telangana and 2 others

Telangana HC24 Jan 2023WP/1771/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by a petitioner challenging the revenue department's failure to change the nature of his land from 'assigned land' to 'patta land' in response to a specific online application. The Court directed the District Collector to promptly process the application following due process of law.

What did the court decide?

Directing the District Collector to consider the pending online application, afford an opportunity of hearing, and pass a reasoned order within eight weeks.

N. Anji Reddy Vs State of Telangana and 2 others — Land Acquisition | Telangana HC (2023)

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[3r68 |

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HIGII COURT FOR THE STATE OF^TELANGANA AT IiYDERABAD /-

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(Special Original Jurisdiction)

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TUESDAY, THE TWENTY FOURTH DAY^OF JANUARY^.. TWO THOUSAND AND TWENTY THREE ,.

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PRESENT .I'IIE HONOURABLE SRI JUSTTCE K.LAKSHMAN ,/ WRIT PETITION NO: 1771 OF 2023

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Between:

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N. Anji Reddy, S/o N. Ram Reddy, R./o Mohammed Nagar Village, Kowdipally^Mandal, Medak District

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...PETITIONER

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AND

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l. State ofTelangana, Represented by its Principal Secretary, Revenue Department at Secretariat, Hyderabad

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2 The District Collector, Medak District at Medak

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3 The Tahsildar, Kowdipally Mandal, Medak District

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...RESPONDENTS

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Petition under Article 2266f the Constitution of India praying that in the circumstances stated in the afhdavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the action of Respondents in not changing the nature of lands admeasuring Ac.l.20 gts in Sy No.284iUU6 (New) and Ac.2.00 in Sy No.284lUU3 (New) - Old Sy No. 28415 situatcd at Mohammed Nagar Village, Kowdipally Mandal, Medak District, belonging to thc petitioner, from "assigned land" to "patta land" as illegal, arbitrary, violative of Art. l4 and 300- A of Constitution of India and ultra vires the provisions of Tclangana Rights in Land and Pattadar Passbooks Act,2020 (Act 9 of 2020) and to consequently dircct the Respondents to forthwith consider the applications made by petitioner on 10.2.2O22, 2.11.2022 and 9.12.2022 and correct the nature of above lands as "patta lands" in all the revenue records and also make necessary changes in Dharani Portal and issue new pattadar pass book to the petitioner by showing the nature of above lands as "patta lands" and also by deleting petitioners land from prohibitory category list maintained in Dharani Portal ; Award costs;

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IA NO: I OF 2023

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Petition under Section i praying that in the circumstances stated in the { "ra affidavit filed in support of the petition, the High Court may be pleased to Interim directions to the Respondents to forthwith consider the representations made by the petitioner on 1O.02.2022, 02.11.2022 and 09.12.2022 and issue new pattadar pass book to the petitioner in respect of lands admeasuring Ac. 1.20 gts in Sy No.284fuU6 (New) and Ac. 2.00 in Sy No.284lUU3 (Ncw) - Old Sy No. 28415 situated at Mohammed Nagar Village, Kowdipally Mandal, Medak District, by showing the nature of said lands as "patta lands" and also deleting petitioners land from prohibitory category list maintained in Dharani Portal

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Counsel for the Petitioner : SRI. S SUDEEP REDDY Counscl for the Rcspondents : AGP FOR REVENUE Thc Court made the follorving:

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\ \

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HON'BLE SRI JUSTICE K. LAKSHMAN

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WRIT PETITION No.1771 of 2023

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ORDER:

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Heard Sri S. Sudeep Rcddy, leamed counsel appearing for the petitioner and lean.red Assistant^(iovernment Pleader for Revenue appearing for respondents. Perused the record.

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Petitioner herein is claiming that he is the absolute owner and possessor of land admeasuring Ac.1-20 gts., in Sy.No.284AIU6 (new) and Ac.2-00 gts in Sy.No.284lUU3 (new) - (old Sy.No.284/5) situated at Mohammednagar village. Kowdipalty mandal, Medak district. According to him, ir is patta land. Fle has filed copies of sale deed, pattedar pass books anrl title deeds ancl also 13-B Certificate to contend that it is patta land. Now, in the Revenue records the said property is mentioned as assigncd land. Therefore, he has made online application bearing No.2200159853 dated 09-12-2022 with respondent No.2 with a request to correct the said wrong entries. Despite receiving and acknowledging the said online application, respondent No.2 did not act upon the same, therelbre, the presc-nt writ petition.

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Whereas learned Assistant Govemment Pleader for Revenue, on instructions, would submit that respondent No.2 will

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consider the said online application subrnitted by the^{petitionerand pass}

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appropriate orders, in accordance with law.

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In view of the aforesaid discussion, this writ petition is

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disposed of, directing respondent No.2 to consider the online application bearing No.2200159853 dated 09-12-2022 submitted by the petitioner and pass appropriate orders, in accordance with law by putting the petitioner on notice and affording him an opportunity of hearing. He shall also consider the instructions issued by the Chief Secretary in CCLA's Ref.No.CMRO1369112022, dated 03-l l-2022. If respondent No.2 is not inclined to accept the claim / request of the petitioner, he shall assign specific reasons, pass a reascned order and shall communicate copy oi the said order to the petitioner. He shall complete the entire exercise within a period of eight (8) weeks from the date of receipt ofa 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

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Writ Petition shall stand closed.

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//TRIIE COPY//

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SD/-MOHD.SANAI]LLAH ANSARI ASSISTANT T""r**

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SECTION OFFICER

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To,

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l. The Principal Secretary, Revenue^{Department at Secretariat, State of} Telangana,Hyderabad

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The District^{Collector, Medak District at Medak}

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The Tahsildar,^{KowdipallyMandal, Medak District}

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One CC^{to SRl.S SUDEEP REDDY,Advocate[OPUCI}

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5.TwoCCstoAGPFoRREVENUE,HighCourtfortheStateofTelangarra,Hyderabad lourl

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Two CD^CoPies

tII(;II COI]R]

KLJ

DATED:24101/2023

ORDER

AI^
A
b FTB ?O?3

WP.No.177l of 2023

WRIT PETITION IS DISP()SEI) OF WITHOUT COSTS

N. Anji Reddy v. State of Telangana and 2 others

Case brief

What is this about?

What did the court decide?

N. Anji Reddy v. State of Telangana and 2 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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