Disposed

Sri Bandhi Anil v. The State of Telangana

Telangana HC15 Dec 2023WP/33888/2023

Case brief

AI extract

What is this about?

In a writ petition, the petitioner challenged the revenue authorities for not considering his request to enter a digital signature in his e-passbook, hindering the sale of his agricultural land. The High Court recorded submissions and disposed of the petition by directing the authorities to consider the application and allow the sale within 45 days.

What did the court decide?

Directing respondents to consider the Dharani application for digital signature and allow the petitioner to sell the agri-land within 45 days by issuing notice to interested persons.

Sri Bandhi Anil Vs The State of Telangana — 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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FRIDAY, THE FIFTEENTH 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 NO: 33888 OF 2023

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Between:

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Sri Bandhi Anil, S/o. Bandhi Chandraiah, Aged about 35^years, Occ. Agriculture, Fi/o. H.No.1-96, Bakaram Jagir Village Moinabad^lvlandal, Ranga Reddy 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} Dr. B.R. AmbedkarTelangana State Secretariat^{Buildings,Hyderabad}

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2 The District Collector, Ranga Reddy District, TS

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5 The Tahsildar, Moinabad Mandal, Ranga Reddy^{District, TS}

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4 The Revenue Divisional Officer, Chevella Division^{Ranga Reddy District,TS}

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...RESPONDENTS

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Petition under Article 226 ot lhe Constitution of^{lndia prayingthat in the} circumstances stated in the affidavit^{filed therewith,the High Court may be} pleased to issue a writ, order or direction more^{particularlyone in the natureof} WRIT OF MANDAI\iIUS declaring the action^{of the respondentNos.2 to 4 herein in} not considering the^{petitioner'srepresentationdated3111012023and online} application dated 1510312023^{videtransaction lD No.30T639800007954 for} entering the digital signature^{of the 3'd respondent on the E- Passbook and also} not allowing the^petitioner to^{sell and register the subject property i.e., agricultural} land admeasuring an extent of^{Ac.0-30Gts., in Sy No.79/'12A111situatedat} Bakaram Jagir Village,^{tvloinabad Mandal, RangaReddy District which was} entered in the E-^{Passbookof TelanganaState vide pattedarpassbook} No.T05180230285 under^{Khatha No.574 and Dharani portal, which was purchase} through registered sale^{deed bearingdocument No.9313/20'17 daled1211212017}

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is illegal, arbitrary and in violation of principles of natural justice and also against the provision of ROR Act and against all the settled principles of law and consequently direct the respondent Nos.2 to 4 to allow the petitioner to execute the sale deed and register the same in favour of third party.

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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 to accept the sale deed executed by the petitioner in favour of third party and register with regard to the subject property i.e., agricultural land admeasuring an extent of Ac.0-30 Gts-, in Sy No.79/12A'tl1 situated at Bakaram Jagir Village, Moinabad Mandal, Ranga Reddy District which was entered in the E- Passbook of Telangana State vide pattedar passbook No.T05180230285 under Khatha No.574 and Dharani portal by considering online application dated 1510312023 vide transaction lD No.30T639800007954 made before the respondent Nos.2 to 4 for entering the digital signature of the 3'd respondent, pending disposal of the Writ Petition.

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Counsel for the Petitioner: SRI G NARENDER REDDY

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Counsel for the Respondents: AGP FOR REVENUE

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The Court made the following: ORDER

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HONOURABLE SRI JUSTICE^{B. VIJAYSEN REDDY}

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WRIT PETITION No.33888 OF²⁰²³

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ORDER:^(ORAL)

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This writ petition is fited seeking^{to declareaction of} respondents No.2 to 4 in not^{allowing the petitioner to sell the land} admeasuring Ac.0-30^{guntas in Survey No.79l124111, situatedat} Bakaram Jagir Village, Moinabad^{Mandal, Ranga ReddyDistrict} and in not considering^{petitioner's Dharani applicationlide} Transaction tD:30T639800007954,^{dated 15.03.2023,for the} Digital Signature of respondent^{No.3 in e-pattadar passbook of the} petitioner, as being illegal, arbitrary^{and unconstitutional.}

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Heard learned counsel^{for the petitioner and learned} Assistant Government^{Pleader for Revenue appearing for} respondents and^{perusedthe material availableon record.}

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It is submitted that the^{petitioner is the ownerand possessor} of the land admeasuring^{Ac.0-30guntas in Survey No'79/12Atl1,} situated at Bakaram Jagir^{Village, MoinabadMandal, Ranga} Reddy District having^{purchasedthe same under registered sale} deed bearing document^{No.93 13 of 2017,dated 12'12'2017, from}

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its lawful owner. The name of the petitioner was mutated in the revenue records and he was also issued e_pattadar passbook No.T05180230285, with Khara No.575 in respect of the subject land. It is submitted that the petitioner intended to sell the subject land to one Mr. A. Srinivas yadav. However, the petitioner was unable to execute the sale deed because of absence of the Digital Signature of respondent No.3 in his e-pattadar passbook. That on enquiry, the petitioner came to know that there is a Court case pending in respecr of the lands in Survey Nos,79l14 and 79lll which were covered by the Court stay and that the entire lands in Survey No.79 have been included in the prohibtory list of properties but in fact, there is no Court case pending in respect of the subject land in Survey No.79112A1l1. The petitioner submitted Dharani application vide Transaction ID:30T639g00007954, dated 15.03.2023, for the Digital Signature of respondent No.3 in his e-pattadar passbook but he did not receive any response. The grievance of the petitioner is that there is a delay on the part of the respondents in disposing of the applications submitted by the petitioner, as such, he is constrained to approach this Court.

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Leamed Assistant Government Pleader for Revenue submitted that appropriate action will be taken on the Dhami application of the petitioner, in accordance^{with law.}

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Recording the aforesaid submission, the writ^petitionis disposed of directing respondents No.2 and 3 to^consider Transaction petitioner's Dharani application vide ID:30T639800007954, dated 15.03.2023, for the^{Digital Signature} ol respondent No.3 in e-pattadar^{passbook of the petitioner and to} allorv the petitioner to sell the land admeasuring^{Ac.0-30guntas in} Survey No.79l I 2.{^{I / I} , situated at Bakaram^{Jagir Village,} Moinabad Mandal, Ranga Reddy District,^{by issuing notice to all} concerned/i nterested persons, and^pass orders,^{in accordance with} lar,v, within a period olforty five (45) days from the date of^receipt of a copy of this order. There shall be^no order^{as to costs.}

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Asa sequel thereto, miscellaneous applications,

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if any, pending in the writ petition stand closed.

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SD/. P.Ch. NAGABHUSHAMBA ASStsrANr(qTsrRAR //TRUE COPY// a SECTION OFFICER

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To,

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1 The District Collector, Ranga Reddy District, TS

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2 The T_ahsildar, Moinabad tr4andal, Ranga Reddy District, TS 3 One CC to Sri G. Narender Reddv, Advocate iOFU-Ci' 4 Two CCs to GP for Revenue, Higlr Court tor tn'e StiG'ot Telangana, at Hyderabad [OUT]

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1. Two CD Copies

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TJ GJP

HIGH COURT

DATED:1 511212023

ORDER

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WP.No.33888 of 2023

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DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS.

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Sri Bandhi Anil v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sri Bandhi Anil v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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