Allowed

G. Padhmaja v. The State of Telangana and 3 Others

Telangana HC5 Dec 2023WP/32393/2022

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Telangana held that the rejection of the petitioner's succession application by the District Collector, without assigning reasons or providing an opportunity of hearing, violated the principles of natural justice under Articles 14 and 21 of the Constitution. The petition was allowed, and the impugned order was set aside, directing the authorities to reconsi

What did the court decide?

The impugned order rejecting the succession application is set aside. The respondents are directed to reconsider the application granting an opportunity of hearing to the petitioner and pass a reasone

G. Padhmaja Vs The State of Telangana and 3 Others — Property and Title | Telangana HC (2023)

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[³¹⁸³ ]

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

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TUESDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REODY

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WRIT PETITION NO: 32393 OF 2022

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Between:

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G. Padhmaja, W/o. P. Narsimha Reddy, Aged about 58^years, Occ Govt. Employee and Agriculture, Ri/o. H. No. 2-32, Cheelapur Village, Pudur Mandal, Vikarabad District, Telangana^- 501 501.

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...PETITIONER

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AND

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I The State of Telangana, Rep by its Principal Secretary to the Government, Revenue Department, Secretariat Buildings, Saifabad, Hyderabad.

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2 The Chief Commissioner of Land Administratlon, Nampally Station Rd., Opp. Annapurna Hotel, Karimabad Cooperative Society, Abids, Hyderabad, Telangana 500001 .

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J The District Collector, O/o. Collectorate, Vikarabad District, Vikarabad, Telangana 501 10'1 .

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4 The Mandal Revenue Officer^(MRO), Pudur Mandal, Vikarabad^District, Telangana - 501 101^.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of^{lndia prayingthat in the} circumstances stated in the affidavit filed therewith, the^{High Courtmay be} pleased to issue a Writ, order or direction, more particularly one in the nature of^a Writ of Mandamus, declaring the action of the^{Respondent No.3in not considering} and disposing of the^petitioner's application^for succession^{made through Meeseva} application bearing No. 2200471062, dated^{09lOSl2O22,in respect of lands owned} by my late husband late Sri P. Narasimha^{Reddy admeasuringabout 4c.21-31} Guntas i.e., Sy. Nos. 35/1(3-11), 36/Part(3-^{00), 66A1(3-1a),157lPan(O-Da)'} 1 75lPart(3-36) , 197lPatl(8- 06), situated^{in CheelapurVillage of Pudur Mandal,} Vikarabad District of Telangana State, as^{illegal, arbitrary, high-handed, Violative}

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of the established principles of law and further violative of Rights of the Petitioner under Article 14, 21 and 300-A of Constitution of lndia, 1950 and consequently direct the Respondent No.3 to issue Pattadar passbook to the petitioner by correcting the wrong entries in Dharani portal and after approving the request for succession in respect of the lands owned and possessed by her in Sy. Nos. 35i1(3-1 1),36/Part(3-00),66A1(3-14), 157lParl(O-}4), 175lPart(3-36), 197/Part(B06), total admeasuring Ac.2'1-31gts, situated in Cheelapur Village of Pudur Mandal, Vikarabad District of Telangana State.

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lA NO: 1 OF 2022

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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 to direct the Respondents to issue Pattadar passbook to the petitioner for the lands owned by her Sy. Nos. 35/ 1 (3-1 I ), 36(3-00), 6641 (3-14), 1 57(0-04), 1 75(3-36), 1 97(8-06), total admeasuring Ac.21- 31gts in Cheelapur Village of Pudur Mandal, Vikarabad District of Telangana State, pending disposal of the Writ Petition.

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Counsel for the Petitioner: SRI BOMMINENI VIVEKANANDA

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Counsel forthe Respondents: GP FOR REVENUE

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The Court made the following: ORDER

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A
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IIONOURABLE SRI JUSTICE B. VIJAYStrN REDDY

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WRIT PETITION No.32393 OF 2022

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ORDER: (ORAL)

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This writ petition is filed by the petitioner seeking the fbltowing relief:

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"...to issue a Ll/rit, order or direction, more particularlt, one in the nature of a Writ of Mandamus, declaring the action of the Respondent No.3 in^not considering & disposing of the^{petitiorter's application} No.2200471062, dated 09.05.2022, in re.spect oJ'lands ovtned by nty late husband laie Sri P.^{NarasimhaReddy} admeasuring about about Ac.2 I -3 I Guntas^{i e} ,^S,t'. Nos. 35/l(3-11), 36/l'a:'t(3-00),^66A1(3-14), I 5TiPart(C-()4),^{I 7} 5/Part(3-36),^{197/Part(8-06),} situated in Cheelapur Village of Pudur^Mandal, Vikarubad District of^'l'elarrgana State, as^illegcl, urL',itrctry, high-handed,^violalive of the^established principles of luw ctnd further violutive of Righrs tf^rhe Petitioner under Arlicle 14, 2l & 300-A^{oJ'Constitutiotl} of India, 1950 and^(onsequentlv direct^{the Respondent} N<-t.3 to issue Pattadar passbaok to^{the petitioner by} correcling rc wrong entri.es in Dharani^{portal and} after approving the^reqttest for^{suicessionin respect of} the lands owned and^possessed by^{her in Sy. Nos.} 35/1^(3- 1 1), 36/Part(3-00),^I 57/Part(0-04),^{66A t (3- I 4),} 17S/Part(3-36), 197/Part(8-06), total^admeasuring Ac.2i-3lgts, situated in Cheelapur^{Village of Pudur} Mandal, Viknrabad District...^"

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It is submitted that N4r. P.^{r.,-arasimhaI(eddy,the husbandoi-}

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thc petitioner was the absolutc^{owtrer and possessorof the subject} lands which are^{jointfamilypropenies.'l'he f'ather of}

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Mr. P. Narasimha Reddy and thereafter Mr. p. Narasimha Reddy had been in possession and enjoyment of the subject lands for the past several years. Mr. P. Venkat Rarn Reddy S/o Mr Achi Reddy, the fathel of petitioner's husband was the owner of the subject lands and his name was recorded as pattadar and possessor in Kasara Pahani (for the year 1954-55) and the subsequent pahanies in respect of the subject lands. That after implementation of the Telangana Rights in Land and pattdar passbooks Act, 1971 (for short, the Act l97l), the name of Mr. p. Narasimha Reddy was recorded as pattadar and possessor in the revenue records in respect of the subject lands and ROR- 1 B certificate u,as also issued in his name. After the repeal of the Act l97l by Telangana Rights in Land and Partdar Passbooks Act, 2020 (for short, the Act 2020), the name of Mr. P. Narasimha Reddy was recorded in the Dharani Portal as pattadar and possessor in respect of the subject lands. Mr. P. Narasimha Reddy completed all formalities viz. the linking of Aadhaar, Mobile Number, KyC, etc. However, in the ,Land Status Column' of Dharani portal, it was wrongly recorded as, ,Not signed, Revenue court cases', in respect of the above referred survey numbers, because of which pattadar passbook was not

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r-]

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issued to Mr. P. Narasimha Reddy. On being advised, Mr. P. Narasimha Reddy submitted Dharani application vide Transaction ID: 28T272500000327, dated 11.05.2021, for conecting the wrong entries in Dharani Portal and for issuance ol e-pattadar passbook in respect of the subject lands. It was leamed thal respondent No.3 has sought for report from respondent No.4 and favourable report was submitted. Despite the same, on 09.06.2022, respondent No.3 rejected the Dharani application submitted by petitioner's husband, without assigning any reasons.

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Learned counsel for the petitioner submitted that Mr. P. Narasimha Reddy died on 20.02.2022. Thereafter, the petitioner submitted application No.2200471062, dated 09.05 .2022, through Meeseva for grant of succession in respect of the subject lands by paying requisite Court fee. That^{the petitioner} came to know that respondent No.3, without giving an opportunity of hearing, mechanically rejected the petitioner's application stating ",Saccession Application No.220047 1062 ,s rejected by Collector. Rejection Remarks - REJECTED.^" It is^further submitted that the^impugned rejection order is^{arbitrary and} violative of principles^{of natural} -iustice.^{RespondentNo.3 did not}

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record any reasons and it is further contended that the petitioner was not given opportunity of hearing.

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Heard leamed counsel lor the petitioner and learned Assistant Government Pleader for Revenue appearing for respondents and perused the material available on record.

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It is settled law a Quasi-Judicial authority is required to record reasons when an order is passed determining rights of the parties and the same is in consonance with the principles of natural justice. The impugned rejection order does not disclose any reasons It appears, petitioner was not afforded opportunity to present and explain her case. Thus, the impugned order is tn violation of principles of narural justice and violative of Article l4 of the Indian Constitution.

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In view of the above, without expressing any opinion on merits, the writ petition is allowed for the reason impugned order is passed in violation of principles of natural justice and the impugned order is set aside. Consequently, respondents No.3 and 4 are directed to re-consider petitioner,s application No.2200471062, dated 09.05.2022, for grant of succession in

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respect of the land admeasuring Acs.3- 1 I guntas in Survey No.35/1, Acs.3-00 guntas in Survey No.36lpart, Acs.3-14 guntas in Survey No.66Al, Ac.0-04 guntas in Survey No. l57lpart, Acs.3-36 guntas in Survey No. lTSlpart and Acs.8-06 guntas in Survey No. l97lpat, totally admeasuring Acs.2 I -3 I guntas, situated at Cheelapur Village, Pudur Mandal, Vikarabad District, by giving opportunity of hearing to the petitioner and other interested/concemed persons and pass orders in accordance with law, by assigning reasons, within a period of lorty five (45) days

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from the date ofreceipt ofcopy of this order. No order as to costs

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As a sequel thereto, miscellaneous applications,

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if any, pending in the writ petition stand closed.

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SD/- C. PRAVEEN KUMAR ASSISTANT RE STRAR

//TRUE COPY//

SECTION O FICER

To,

The Principal Secretary to lhe Government, Revenue Department, Secretariat Buildings, Saifabad, The State of Telangana, Hyderabad.

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The Chief Commissioner of Land Administration, Nampally Station^{Rd., Opp.} Annapurna Hotel, Karimabad Cooperative Society, Abids, Hyderabad, Telangana 500001 .

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