Disposed

Bandaru kistaiah@Pedda Kristaiah, v. The State of Telangana

Telangana HC19 Dec 2023WP/34150/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition wherein the petitioner complained that his land was omitted from the Dharani Portal and his name was not mutated despite his claim of inheritance and possession. The Court directed the Revenue Department to consider the petitioner's pending application for mutation and issuance of a pattadar passbook.

What did the court decide?

Directed the Respondents No. 2 and 4 to consider the petitioner's Dharani Application, issue a notice to concerned persons, and pass orders regarding mutation and issuance of a pattadar passbook withi

Bandaru kistaiah@Pedda Kristaiah, Vs The State of Telangana — Land Acquisition | 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 NINETEENTH 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: 34150 OF 2023

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Between:

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Bandaru Kistaiah @ Pedda Kristaiah, S/o. Hari.jana @ Bandaru Chandraiah, Aged about 62 years, Occupation ; Agriculture, Rl/o.H.No.^'1-45, Ramachandrapur Village, Chinna Kistapur Post, Kukunoorpally Mandal, Siddipet District, Telangana, Pin Code 502301.

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.....PETITIONER

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AND

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The State of Telangana, Represented by its Principal Secretary, Revenue Department, Secretariat, Hyderabad, Telangana - 500 022.

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The District Collector, Siddipet District, Telangana - 502^'103.

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The Revenue Divisional Officer, Gajwel, Siddipet District, Telangana - 502 278.

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The Tahsildar,Kukunoorpally, Siddipet District. Telangana-502 301.

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.....RESPONDENTS

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Petition Under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction particularly writ in the nature of Mandamus declaring the inaction of Respondents, more^particularly the Respondent No.2 in not correcting the wrong entries mutated into the Dharani Portal and mutating the name of the petitioner with respect to land admeasuring Ac.'l-00 guntas., in Sy.No.71 situated at Ramachandrapur Village and Chinna Kistapur, Kukunoorpally Mandal, Siddipet District. (Hereinafter referred to as the "Subject Property") in the Dharani Portal and in issuing new e-pattedar passbook and title deed to me, in spite of receiving a representation dated 26.09.2022 supported by relevant documents by me as illegal, unlawful, and

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contrary/violative of various provisions of law including but not limited to provisions of The Telangana Rights in Land and Pattedar Passbook Act,2020 and Article 300-4 of the Constitution of lndia, 1950 as being illegal, arbitrary and in violation of under Article 1 4, 16 and 21 of the Constitution of lndia and consequently to direct the respondents especially the respondent No.4 to consider the representation of mine and to take necessary action in correcting the wrong entries mutated into the Dharani Portal and mutating my name with respect to land admeasuring Ac.1-00 guntas., in Sy.No.71 situated at Ramachandrapur Village and Chinna Kistapur post, Kukunoorpally MandaL Siddipet District. (Hereinafter referred to as the Subject Property ) in the Dharani Portal and in issuing new e-pattedar passbook and title deed to me. I.A.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 especially the respondent No-2 to consider the representation of mine and to take necessary action in correcting the wrong entries mutated into the Dharani Portal and mutating my name with respect to land admeasuring Ac. 1-00 guntas., in Sy.No.71 situated at Ramachandrapur Village and Chinna Kistapur post, Kukunoorpally Mandal, Siddipet District. (Hereinafter referred to as the^"Subject Property") in the Dharani Portal and in issuing new e-pattedar passbook and title deed to me.

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Counsel for the Petitioner: SRI K.KARUNAKAR

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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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THE HONOT]RABLE SRI JUSTICE^{B. VIJAYSEN REDDY}

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WRIT PETITION No.34150 OF 2023

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ORDER: (ORAL)

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This writ petition is filed seeking to declare action of the respondents, more particularly respondent No.2, in not correcting the entries in revenue records (Dharani Portal) with regard to omission of the petitioner's land admeasuring Acs.l-00 guntas in Survey No.71e9 situated at Ramachandrapur Village and Chinna Kistapur Post, Kukunoorpally Mandal, Siddipet District, ln revenue records (Dharani Portal), and in not mutating the name of the petitioner and also in not issuing pattadar passbook in his favour, pursuant to his Dharani Application No. 2200113575 dated 26.09.2022, as being illegal and arbitrary.

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Heard learned Counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondents, and perused the material on record.

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It is claimed that the aforesaid subject property devolved upon the petitioner from his father, and since 40 years, the petitioner has been in possession of the subject property.

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Grievance of the petitioner is that the revenue records inctuding pahanies reflect his ownership of the subject property, but after introduction of Dharani Portal, the Dharani records do not reflect the subject property nor his name, as such, he submitted Dharani Application No. 2200113575 dated 26.09.2022 for correction of revenue records (Dharani Portal) concerning omission of the subject property and also his name in respect of the subject lands. As the said Dharani Application has not been considered by the respondents till date, the petitioner 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 Government Pleader for Revenue, the writ petition is disposed of directing respondent Nos.2 and 4 to consider the Dharani Application bearing No. 2200113575 dated 26.09.2022 submitted by the petitioner for correction of the entries in revenue

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records (Dharani Portal) with regard to omission of the^petitioner's land admeasuring Acs.l-00 guntas in Survey No.7le9 situated at Ramachandrapur Village and Chinna Kistapur Post, Kukunoorpally Mandal, Siddipet District, in revenue records (Dharani Portal), and for mutation of the name of the petitioner and also for issuance of new pattadar passbook in his favour, by issuing notice to all concemed/interested persons, and pass orders, in accordance with law, within a period of two (2) months fiom the

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date of receipt ofa copy 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/- K.AMMAJI ASSISTANT^REGIS/kAR

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//TRUE^COPY// sEcrloN #r,"=*

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The Principal^{Secretary, RevenueD9p?1T:1!Secretariat'Stateof} i.Lno"nd at^{Hyderabad, Tel2noana- 5uu uzz'}

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SA GJ \V

HIGH COURT

DATED:1911212023

ORDER

STAT,E
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WP.No.34150 of 2023

DISPOSING OF THE W.P

WITHOUT COSTS

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Bandaru kistaiah@Pedda Kristaiah, v. The State of Telangana

Case brief

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Bandaru kistaiah@Pedda Kristaiah, v. The State of Telangana

Case brief

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