Disposed

Sri.Rai Srinivas v. The State of Telangana

Telangana HC4 Dec 2023WP/32849/2023

Case brief

AI extract

What is this about?

The petitioner challenged the authorities' failure to consider his Dharani application for rectifying land extents in e-Pattadar Passbook. The Court disposed of the writ petition by directing the respondent authorities to consider the application, issue notice to interested persons, and pass orders within two months.

What did the court decide?

Directed respondents No.2 to 4 to consider the Dharani application, issue notices to interested persons, and pass orders within two months.

Sri.Rai Srinivas Vs The State of Telangana — Land Acquisition | Telangana HC (2023)

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[^318s ]

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

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MONDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION N O: 32849 OF 2023

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Between:

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Sri.Rai Srinivas, S/o. Late R.Venkaiah, aged 62 years, Occ.Business Permanent R(o. 2- 2 -107, Gandhi Chowk, Yellandu, Bhadradri Kothagudem District, TS

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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, Telangana Secretariat, Hydeiabad, T.S

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2 The Diskict Collector, Bhadradri Kothagudem District, office at Kothagudem.,TS

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3 The Revenue Divisional Officer, Kothagudem Division, Bhadradri Kothagudem District,T.S

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4 The Tahasildar, Yellandu [/andal, Bhadradri Kothagudem District, TS

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...RESPONDENTS

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Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or directions more particularly one in the nature of writ of Mandamus, declaring the action of the respondents more particularly the respondent No.2, in mentioning the reasons in the send back remarks dated.08/09/2023 as RSR is not available in respect of the petitioner,s application No.2300070989, dated.20l0 412023 and reflecting the online e- challa n/application status dated,28l1112023, is pending for collector decision, in spite of uploading of old PPB vide patta No. '1 '197 and not including the missing Sy., No s 659(old), an extent of Ac.6- 33 , Sy., No. 602(old) an extent of Ac.9_ 32 gts and sy., No. 637(old), an extent of Ac.5-31 gts and not correcting the extent of land in Sy., No s 597 2(new) as Ac. 5- 04 gts instead of Ac.4- 24 gts and in Sy.,

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No.625/A(new) as Ac.2- 00 gts instead of Ac.0-20 gts, situated at Sudimalla Village, Yellandu lVlandal, Bhadradri Kothagudem District, TS, in the new Pattadar Pass Book vide No.T27230050729 as per the entries in the old^pattadar Pass book and Title Deed vide patta No.1197 and not removing the digitally not signed in respect of Sy., No.59712(new) an extent of Ac. 5-04^gts, s,nce the date of application dated.20-O4-2O23,to till this date, as highly illegal, arbitrary and contrary to the provisions of the Telangana Rights in Land anC Pattadar Pass Books Act,2020(Act 9,2020) and violation of Articles of Constitution of lndia and consequently direct the respondents No.2 to 4 to include the missing survey numbers with its extents and correct the extents of the lands as l)er the entries in the old pattadar^pass book vide^patta No.1197, in the new^pattadarpass book T2723O05O7 29 and remove the digitally not signed in respect of Sy., No.597/2(new) an extent of Ac.5- 04^gts, in Dharani^{portalforthwith.}

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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 to direct the respondents No.2 to 4 to include the missing survey numbers with its extents and correct the extents of the land in the new^{pattadar pass} book T27230050729 as per the entries in the old^pattadarpass book vide^patta No.1197, and remove the digitally not signed in respect of Sy., No.59712(new) an^extent of^{Ac.5-04 gts} , in Dharani portal forthwith,,^pending disposal of the above W.P.

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Counsel for the Petitioner: SRI BETHI^{VENKATESWARLU}

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Counsel forthe Respondents: AGP FOR^REVENUE

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.32849 OR 2023

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ORDER:(ORAL)

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This writ petition is filed by the petitioner to declare the action of respondent Nos.2 to 4 in not considering the Dharani application bearing No.2300070989 dated 20.04.2023 submitted by the petitioner for rectification of revenue entries, inclusion of missing extent of land and issuance of e-pattadar passbook in respect of the lands admeasuring Acs.5-04 guntas ln Survey No.597(old), Acs.9-32 guntas in Survey No.602(old), Acs.2-00 guntas llr Survcy No.625(old), Acs.5-3 1 guntas IN Survey No.637(old), Acs.6-33 guntas in Surv'cy No.659 (old) situated at Sudimalla Village, Yellandu Mandal, Bhadradri Kothagudem District, as being illegal and arbitrary.

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Heard leamed Counsel for the petitioner, learned Assistant Govemment Plcader for Revenue appearing for respondents, and perused the material on record.

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Petitioner claims 1o be absolute owuer. oJ. the lands admeasuring Acs.5-04 gunras in Survey No.597(olcl), Acs.9-32 guntas in Survey No.602(old), Acs.2-00 guntas in Survey No.625(old), Acs.5-3 1 gunras in Survey No.637(old), Acs.6-33 guntas in Surwey No.659 (old), total admeasuring Acs.29-20 guntas situated at Sudimalla Village, yellandu Mandal, Bhadradri Kothagudem District, having acquired the same from his father by way of succession. Petitioner was also issued pattadirr passbook vide patta No. 1197. After introduction of Land Recorrls Updation Programme, tl-re petitioner was issued e-pat adar passbook No.T27230050729. However, in the passbook iss,red to the petitioner, land in Surwey No.625lel(nerv) is mentioned as Ac.0-20 guntas instead of Acs.2-00 guntas and all the other externt. of lands is missing in the e-pattadar passbook. Fufther, in the Dharani records, land in Survey No.59712 (new) is recorded as Acs.4-24 guntas instead o1- actual Acs.5-04 guntas.

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4 Petitioner has submitted representations dated')-3.02.2020 and,22.09.2020 to respondent authorities for correclion of revenue records and inclusion of missing extent of ffrIUu, the r.espondent

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authorities did not act upon the same. On being^{advised, the} petitioner submitted online application bearing No.2300070989 dated 20.04.2023 through Dharani portal for rectification of revenue entries and for inclusion of missing extent of land^{in the} Dharani/revenue records. Pursuant to the same,^{the respondent} authorities have sent a message to the petitioner on 08.09.2023 stating "RSR is not available, he does not have old PPB."^In response, petitioner has uploaded old^{pattadar passbook through} online. In spite of the same, there is delay on the^part of respondent authorities in processing the Dharani application of^the petitioner. Hence, he was constrained to approach this Court.

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Learned Assistant Government Pleader for Revenue appearing for respondents has submitted that appropriate action 1n wilt be taken on the Dharani application of the^petitioner, accordance with law

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Recording the aforesaid submission of the^{learned Assistant} Govemment Pleader for Revenue, without^{going into the merits of} the case, the writ petition is disposed of directing respondent^Nos.2

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to 4 to consider the Dharani application bearing No.23000709g9 dated 20.04.2023 submitted by the petitioner for rectification of revenue entries. inclusion olmissing extent of land and issuance of e-pattad.ar passbook in respect of the lands admeasuring Acs.5_04 guntas in Survey No.597(old), Acs.9-32 guntas in Survey No.602(old), Acs.2-00 gunras in Survey No.625(old), Acs.5_3 I guntas in Survey No.637(old), Acs.6-33 guntas in Sur.vey No.659 (old) situated at Sudimalla Village, yellandu Mandal. Bhadradri Kothagudem District, by issuing notice to all conceme,l/interested persons, and pass orders, in accordance with lau,, witltin a period of two (2) months from the date of receipt of a copy ol'this order. No order as to costs.

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

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SD/. MOHD. SANAULLAH I*.o*, AS //TRUE COPY// ':,JJffffJ::: \

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To, 1. The District Collector, Bhadradri Kothagudem District, office at Kothagudem.,TS

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The Revenue Divisional Officer, Kothagudem Division, Bhadradri Kothagudem District,T.S

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The Tahasildar, Yellandu Mandal, Bhadradri Kothagudenr District, TS

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One CC to Sri Bethi Venkateswarlu, Advocate [OP'UC] 5. Two CCs to GP for Revenue, High Court for the State 6f Telangana, at Hyderabad [OUT]

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Two CD Copies

TJ GJP

HIGH COURT

DATED:0411212023

ORDER

WP.No.32849 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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Sri.Rai Srinivas v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sri.Rai Srinivas v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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