Dismissed

Sri. Gottuparthi Adinarayana Rao v. The State of Telangana

Telangana HC14 Dec 2023WP/43390/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a petitioner challenging the Tahsildar's rejection of an application for mutation and issuance of an E-Pattedar Pass book. The Court held that since a rejection order had been passed, the cause did not survive for adjudication and disposed of the petition with liberty to challenge the rejection order.

What did the court decide?

Writ petition disposed of; liberty granted to challenge the rejection order dated 30.12.2022.

Sri. Gottuparthi Adinarayana Rao Vs The State of Telangana — Telangana HC (2023) — LawSathi Research

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[³¹⁸³ J

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

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THURSDAY, THE FOURTEENTH 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: 43390 OF 2022

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Between:

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Sri. Gottuparthi Adinarayana Rao, S/o. Ramachandra Rao, Aged about- 67 years, Occ- Agriculture, Fl/o. Kunchaparthi Village, Vemsoor Mandal, Khammam District

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.,,PETITIONER

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AND

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

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The District Collector, Khammam District, Khammam.

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The Revenue Divisional Officer, Khammam Division, Khammam District.

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The Tahsildar, Vemsoor Mandal, Khammam District

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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 or Direction or Order, more particularly one in the nature of Writ of Mandamus, to declare the action of the 2nd and 4th Respondents in not considering the Application No. RC2200010807, e-Challan No.CP2200016395, d1.08.11 .2022 for mutatron and issuance of E-Pattedar Pass book in respect of petitioners agricullural property admeasuring Ac.28-06 guntas, in Sy.No.91/ I l111 , situated at Kunchaparthi Village, Vemsoor Mandal, Khammam District, as illegal, arbrtrary. against the provisions of new ROR Act and against principles of natural lustice and against all settled principles of law and consequently direct the Respondents to consider the Application No. RC2200010807, e-Challan No.CP2200016395, dt.08.1 1.2O22 for mutation and issuance of E-Pattedar Pass book in respect of agricultural property

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admeasuring Ac.28-06 guntas, in Sy.No.g1/(} /O /1/1 situated al Kunchaparthi Village, Vemsoor Mandal, Khammam District.

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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 consider the Application No. RC2200010807, e-Challan No.CP22000'16395, dt.08.1 1.2022 fot mutation and issuance of E-Pattedar Pass book in respect of agricultural property admeasuring Ac.28-06 guntas, in Sy.No.91fs,tJ11i1 , situated at Kunchaparthi Village, Vemsoor Mandal, Khammam District, pending disposal of main Writ Petition.

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Counsel for the Petitioner: SRI AKKAM ESHWAR

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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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-----_""-

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THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.43390 OF 2022

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ORDER:(ORAL)

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This writ petition is filed by the petitioner seeking to declare the action of respondent No.2 in not considering Dharani Application bearing No.RC2200010807, e-Challan No.CP2200016395 dated 08.11.2022 submitted by the petitioner for mutation and issuance of e-pattadar passbook in respect of the land admeasuring Acs.28-06 guntas in Survey No.9l/lA/A/l/l situated at Kunchaparthi Village, Vemsoor Mandal, Khammam District, as being illegal, arbitrary and unconstitutional.

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Heard learned Counsel ibr the pctitioner and lcarncd Assistant Govemment Pleader for Rcvcnuc appearing for respondents, and perused the material on rccorcl.

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This Cotrt vide order dated 14.02.202-l dircctccl the leamed Assistant Govemment Plcadcr fbr Revenuc to produce a copy of the rejection order passed by thc rcspondent No.2 pursuant to aloresaid Dharani Application of the petitioner.

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i I !

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Today, the leamed Assistant Govemment Pleader for Revenue produced order dated 30.12.2022 1n proceeding No.B/9101/2012 passed by the respondent No.3 Tahsildar Vemsoor, rejecting petitioner's Dharani Application No.RC2200010807, e-Challan No.CP2200016395 dated

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r 1.2022

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tt is contented by the leamed counsel for the petitioner that under the provisions of Telangana Rights in land and Pattadar passbooks Act 2020 Tahsildar is not empowered to hear the matters rclating to mutation and issuance of pattadar passbooks unless the same were approved without concurrence of the District Collector.^'lhe leamed counsel for the petitioner also relies on reporr darc(l 20.10.2021 in proceeding No.Rc.No.B/9 l0l/2012 issued by respondcnt No.3 where under recommendation was made to enter thc name of the petitioner in revenue records in respect ol subject

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Horvevcr. in view ol- the rejection order passed by the responrlcnt No.4 Tahsildar vide order dated 30.11.2022 in proccetling No.Ur9l0l/2012, the cause in the writ petition does not

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survive any more for adjudication and the writ petition is

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accordingly disposed ofgiving liberty to challenge the order dated 30.12.2022. The copy of rejection order is served to the leamed

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counsel for the petitioner. Petitioner is entitled to urge all legal points for challenging the rejection order. There shall be no order as to costs.

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As a sequel thereto, miscellaneous applications,

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ifany, pending in the writ petition stand closed.

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SD/.V.KAVITHA ASSISTANT GIS R

//TRUE COPY//

SECTION OFFICER

To,

The Principal Secretary, Revenue Department, BRKR Bhavan, Secretariat, Hyderabad, State of Telangana.

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The District Collector, Khammam District, Khammam.

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The Revenue Divisional Officer, Khammam Division, Khammam District.

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The Tahsildar, Vemsoor Mandal, Khammam District

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One CC to SRI AKKAM ESHWAR, Advocate [OPUC]

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Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

7 Two CD Copies

BSR

GJP Vt-

HIGH COURT

DATED: 1411212023

ORDER

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WP.No.43390 of 2022

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DISPOSING OF THE WRIT PETITION,

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WITHOUT COSTS

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Sri. Gottuparthi Adinarayana Rao v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sri. Gottuparthi Adinarayana Rao v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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