Disposed

Gaddam Laxmi v. The State of Telangana

Telangana HC26 Dec 2023WP/34594/2023

Case brief

AI extract

What is this about?

This writ petition challenges the Respondents' failure to process a Dharani Application for updating survey numbers in a Pattadar Pass Book. The Court directed the District Collector and Tahsildar to consider the application and issue a new pass book within 45 days.

What did the court decide?

Directed Respondents to consider the Dharani Application and issue a new Pattadar Pass Book within 45 days of receipt of the order copy.

Gaddam Laxmi Vs The State of Telangana — Land Acquisition | Telangana HC (2023)

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[³¹⁸³ I

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

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TUESDAY, THE TWENTY SIXTH 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: 34594 OF 2023

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Between:

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Gaddam Laxmi, W/o: Laxman, Aged about 50 years, Occ. Household, Rl/o Burugupally Village, Gangadhara Mandal, Karimnagar District.

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Dasari Laxmi, Wo: Anjaiah, Aged about 42 years, Occ. Household, Rl/o Chityalapally Village, Choppadandi Mandal, Karimnagar District.

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...PETITIONERS

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AND

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The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

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2 The District Collector, Karimnagar District, T.S.

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J The Tahsildar, Ramadugu, Ramadugu Mandal, Karimnagar District, T.S. .

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Order, Direction or Writ, more particularly one in the nature of Mandamus declaring the inaction of the Respondent Nos.2 and 3 in not considering the Petitioner's Dharani Application No.23O0'162189 dated 2511112023, for issuance of new Pattadar Pass Book in said Sy. Nos .10'1811911 admeasuring an.extent of Ac.O-13 Gts, and Sy.No.101ti/3/l admeasuring to an extent of Ac.0-21 Gts.,. situated at Laxmipur Village, Ramadugu Mandal, Karimnagar District, T.S., as highly illegal, arbitrary and contrary to the provisions of the Telangana Rights in Lands and Pattadar Pass Book Act framed there under and consequently direct the Respondent Nos.2 and 3 to consider the Dharani Application No.2300162189 dated 2511112023, for issuance of new Pattadar Pass Book in said Sy. Nos .101811911 admeasuring an extent of Ac.0-13

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Gts, and Sy.No.1018/3/1 admeasuring to an extent of Ac.0-21 Gts.,. situated at Laxmipur Village, Ramadugu Mandal, Karimnagar District, T.S., in favour of the Petitioner No.1 .

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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 Respondent Nos.2 and 3 to consider the Dharani Application No.2300162189 dated 251'1112023, for issuance of new Pattadar Pass Book in said Sy.Nos.10181 191 1 admeasuring an extent of Ac.0-13 Gts, and Sy.No.101B/3/1 admeasuring to an extent of Ac.0-21 Gts.,. situated at Laxmipur Village, Ramadugu Mandal, Karimnagar District, T.S., in favour of the Petitioner No.1^pending disposal of the main Writ Petition.

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Counsel for the Petitioners: SRI ERRI RAVINDER 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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THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.34594 OF 2023

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ORDER: (ORAL)

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This Writ Petition is filed aggrieved by the action of respondent Nos.2 and 3 in not considering the Dharani Application bearing No.2300162189, dated 25.11.2023 for issuance of new Pattadar Passbook in respect of lald in Sy.No. lOlS / 19 / 1 admeasuring Ac.O- 13 guntas and Sy.No.lOlB/3/1 admeasuring Ac.O-2 1 guntas situated at Laxmipur Village, Ramadugu Mandal, Karimnagar District.

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It is submitted that originally Smt. Mamidipally Pochamma -the sister of petitioners' mother, was the owner of the subject land arrd her name was mutated in the revenue records and she was a-lso issued Pd.ttadar Passbook bearing No.400811 in Khata No.295. That Smt. Mamidipa-lly Pochamma died issueless on 21.O5.2O2O, therefore, the petitioners herein are her only lega1 heirs. Subsequently, the petitioners approached respondent Nos.2 ald 3 seeking succession and respondent No.3 suggested the petitioners to obtajn legal heir certificate from competent civil Court.

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Accordingly, the petitioners hled O.S.No.367 of 2O22, seeking for issuance of legal heir certificate, before the Principal Junior Civil Judge-cum-Judicia,l Magistrate of First Class at Karimnagar and the sarne was allowed utde lwdgment and decree, dated 03.08.2022. Thereafter, the petitioners came to a mutual understanding and with the consent of petitioner No.2, petitioner No.l made an application for successlon. Respondent No.2 mutated the name of petitioner No.l and issued Pattada-r Passbook bearing No. T1712()051478 in Khata No.60413, dated 24.O4.2023 in respect of the subject land.

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Upon receipt of the said Pattadar Passbook, the petitioners noticed that survey numbers were missing in the Pattadar Passbook. Therefore, the petitioner No.l made Dharani Application for inclusion of missing survey numbers in the Pattadar Passbook. So far, the application of the petitioners has not been processed hence, the petitioners approached this Court by filing the present Writ Petition.

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[rarned Assistant Government Pleader for Revenue submits that appropriate action will be taken on the application submitted by the petitioners.

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In 'riew of the above submissions, the Writ Petition is disposed of directing respondent Nos. 2 arld 3 to consider the Dharani Application bearing No.23O0162 189, dated 25.1I.2023 for issuance of new Pattadar Passbook in respect of land in Sy.No. lOlS / 19 / 1 admeasuring Ac.O- 13 guntas and Sy.No. lOlS /3 / I admeasuring Ac.O-21 guntas situated at Laxmipur Village, Ramadugu Mandal, Karimnagar District, within a period of (a5) days from the receipt of a copy of this order; in accordance with law by putting all interested parties on notice and affording them opportunity of hearing.

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

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SD/- A.V.S.PRASAO ASSISTANT REGIgTRAR //TRUE COPY// aI SECTION OFFICER

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To, '1 . The District Collector, Karimnagar District, T.S.

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The Tahsildar, Ramadugu, Ramadugu Mandal, Karimnagar District, T.S

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One CC to Sri Erri Ravinder Reddy, Advocate [OPUC]

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Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT] 5. Two CD Copies TJ GJ \ Y

HIGH COURT

DATED:2611212023

ORDER

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WP.No.34594 of 2023

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DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS.

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Gaddam Laxmi v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Gaddam Laxmi v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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